HomeMy WebLinkAboutResolution 4544-12-2015 Resolution
INTO. 4544-12-2015
A Resolution Authorizing Employment of Kelly,Hart&Hallman,LLP as Outside Legal Counsel to Advise
the City Attorney's Office on Legal Matters Related to Water and Wastewater Issues
And Provide Related Consulting Services
WHEREAS, on July 16, 1991 (M&C G-9219), the City Council authorized the retention of the law firm
of Kelly, Hart and Hallman, LLP as outside legal counsel to assist the City Attorney on an interim basis in the
preparation and presentation of the City's interest in matters related to water and wastewater issues; and
WHEREAS, on October 10, 2006 (M&C G-15442) and September 22, 2009 (M&C G-16709), the City
Council authorized the continued retention of the law firm of Kelly, Hart and Hallman, LLP as outside legal
counsel to assist the City Attorney in the preparation and presentation of the City's interest in matters related to
water and wastewater issues; and
WHEREAS, the City Attorney anticipates that complex issues related to the City's Certificate of
Convenience and Necessity (CCN) for treated water service, issues related to other utility providers' applications
for a CCN, environmental issues, municipal utility districts, issues relating to sale of water and other water-related
issues will continue to arise; and
WHEREAS,the law firm of Kelly, Hart&Hallman, LLP has proven special expertise in the areas of law
related to these issues and has agreed to assist the City.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
I.
Under Section 3, Chapter VI of the City Charter the law firm of Kelly, Hart & Hallman is employed to
assist and advise the City Attorney on legal matters related to water and wastewater issues and to provide related
consulting services as requested.
II.
That, as far as practicable, the compensation to be paid to the law firm of Kelly, Hart & Hallman for its
services is hereby fixed in an amount not to exceed$100,000.00.
Adopted this 8t" day of December, 2015.
,- ° *00000 _,
ATTEST: °�� �xyt.%.0 p°a,0�'D
4 O�
pad a d
�o 0
d o
cr
Mary J. Kays, City Secretary
I jk
®RT oRr
City �
of Fort Worth, Texas
MN��N =�
ayor �� ���0 Council 0����� q� ��N ��00n°�
�
COUNCIL ACTION: Approved on 121812015 - Resolution No. 4544-12-2015
DATE: Tuesdey, December 08, 3015 REFERENCE NO': °°G-18616
LOG NAME: 12RELLYHARTVVATER
SUBJECT:
Adopt Resolution Authorizing the Continuation of Employment of Kelly, Hart & Hallman, LLP. as Outside
Counsel to Advise the City Attorney's Office on Legal K8attana Related to Water and VVoetevvoter |eouon and
Provide Related Consulting Services to the Water Department (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the Qty Council:
1. Authorize the City Attorney to continue to retain the law firm of Kelly, Hart & Hallman, LLP, as outside
counsel pursuant to Chapter VI, Section 3 of the City Charter to assist the City Attorney's Office in |agm|
matters related to water and wastewater issues and provide related consulting services; and
2. Adopt the attached Resolution fixing in edvanca, as far as procdcob|e, the compensation to be paid to
Kelly, Hart & Ho||mon. LLP, at on amount not to axoaad $100.000.00. which amount is intended to cover
multiple years, with remaining balances carrying over from year toyear.
DISCUSSION:
On July 18. 1891. by Mayor and Council Communication (K8&C) G'9219' the City Council authorized the
retention of the law firm of Kelly, Hart & Hallman, LLP (KHH). 00 outside legal counsel to advise the City
Attorney in matters related to water and wastewater on behalf of the Water Department. P{HH. primori|y
through professionals in its Austin ofhoa, has continued to provide such services ot the Water
Department's request. The last City Council authorization for these services was made September 22,
2009 by M&C G-1 6709 and after this six year period.
The Water Department has requested KHH'e continued oan/icea' as the Austin-based P{HH attorneys have
demonstrated specialized knowledge and expertise in certain regulatory and other matters involving the
Water Department. In an effort to minimize costs expended towards outside |aQa/ counsel, the City
Attorney's Office will continue to provide general legal services to the Water Department. Any legal
een/ioua provided by KHHvvi|| be limited primarily to specialized matters and regulatory affairs before state
agencies in Austin. The City Manager and the City Attorney agree thmt, because this area of the |avv can
get extraordinarily complex, it is necessary to have outside legal counsel on retainer to ensure that the
City's interests are protected.
CurnenUy. KHH is assisting the City Attorney's C)ffioa and the Water Department on issues related to the
City's Certificate of Convenience and Necessity /CCN\ for treated water service, issues related to other
utility providers' applications for CCN, environmental water and wastewater iosuea, provision of services to
municipal utility districts, issues relating to sale of water and other water-related issues including the
negotiation of new wholesale wastewater agreements. The Water Department also anticipates utilizing
KHH to analyze and amend the City's CCN boundaries to be consistent with the City's growth and the
City's development policies.
T.oguouzo: 12KEl.L.Y}lAl{TWAIBR Page l of
The amount of$100,000.00 designated by the Water Department as compensation to KHH for its services
is not intended to be exhausted in only one year. Rather, it consists of a pool of money that will be
available on an as-needed basis and remaining balances will be carried over from year to year.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget of Water and Sewer Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID IA ID Year (Chartfield 2)
FROM
Fund Department Accouni Project ProgramActivity Budget Reference # Amount
ID ID Year (Chartfield 2)
56001 0601000 5330500 $50,000.00
56001 0701000 5330500 $50,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: ALL ACMs (6222)
Sarah Fullenwider (7623)
Originating Department Head: Carman (8246)
Additional Information Contact: Christa Lopez-Reynolds (8984)
Logname: 12KELLYHARTWATER Page 2 of 2