HomeMy WebLinkAboutResolution 4602-03-2016 A Resolution
NO. 4602-03-2016
AUTHORIZING RETENTION OF THE LAW FIRM OF MUNSCH
HARDT KOPF & HARR AS OUTSIDE LEGAL COUNSEL TO ASSIST
THE CITY ATTORNEY'S OFFICE IN CERTAIN BANKRUPTCY
ISSUES, AND AUTHORIZING PAYMENT OF COUNSEL FEES IN AN
AMOUNT NOT TO EXCEED $40,000.00
WHEREAS, there are various matters concerning bankruptcy issues and tenants on
leased City owned property the City Attorney's Office would like to receive advice and
guidance in responding to; and
WHEREAS, the assistance of an outside attorney specializing in bankruptcy is required for
questions involving tenants on leased City owned property; and
WHEREAS, E. Lee Miller of the law firm Munsch Hardt Kopf& Harr possesses the required
knowledge and expertise in bankruptcy and has agreed to represent the City;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
1.
That the engagement of the law firm Munsch Hardt Kopf&Harr pursuant to Section 3, Chapter
VI of the City Charter, is employed to represent the City of Fort Worth in bankruptcy related issues and
to advise the City Attorney in matters relating thereto.
2.
That the City be authorized to compensate the law firm of Munsch Hardt Kopf& Harr in an
amount not to exceed$40,000. p "�� ofir y04
a
V0000000ADOPTED this 1St day of March, 2016. '�p0 Co 00��
�0,r
ATTEST: $
0 a
Y� �0 CpQQT d��
Mary J. Kay c ary �aaa� �un �cy°p
APPROV A TO F AND LEGALITY:
Gerald Pruitt, Deputy City Attorney
O
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/112016 - Ordinance No. 22105-03-2016, 22106-03-2016 &
Resolution No. 4602-03-2016
DATE: Tuesday, March 01, 2016 REFERENCE NO.: **C-27630
LOG NAME: 12BANKRUPTCY OUTSIDE ATTORNEY
SUBJECT:
Authorize Appropriation Ordinances for Transfer of Gas-Related Revenues and Adopt Resolution to Retain
the Law Firm of Munsch Hardt Kopf& Harr, PC, as Outside Legal Counsel with Compensation Not to
Exceed $40,000.00 for Issues Related to Bankruptcy (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the
General Gas Lease Capital Project Fund in the amount of$40,000.00; authorize the transfer of
$40,000.00 from the General Gas Lease Capital Project Fund to the General Fund;
2. Adopt the attached Supplemental Appropriation Ordinance increasing estimated receipts and
appropriations in the General Fund in the amount of$40,000.00 for outside counsel fees; and
3. Adopt the attached resolution authorizing the employment of Munsch Hardt Kopf& Harr, PC, as
outside counsel, in accordance with Chapter VI, Section 3 of the City Charter for legal services related to
bankruptcy in an amount not to exceed $40,000.00.
DISCUSSION:
The City Attorney's Office has requested that the City retain E. Lee Miller of the law firm Munsch Hardt
Kopf& Harr, PC, for legal services related to bankruptcy lessees regarding City-owned property. Mr.
Miller has extensive experience representing municipalities in bankruptcy related issues.
The City Manager and the City Attorney agree that, because of the extraordinary complexity of this area of
law it is necessary to retain outside legal counsel with significant knowledge in bankruptcy to ensure that
the City's interests are protected. Munsch Hardt Kopf& Harr, PC, has experience in a wide range of legal
matters, including bankruptcy related issues and has agreed to advise the City. Chapter VI, Section 3 of
the City Charter requires the City Council to approve the retention of any outside legal counsel for
assistance to the City Attorney. Accordingly, it is recommended that the City Council adopt the attached
resolution authorizing the retention of Munsch Hardt Kopf& Harr, PC, to advise the City on these
issues. It is also recommended that the City Council authorize payment of up to $40,000.00 in counsel
fees.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the Fiscal Year 2016 Operating Budget, as
appropriated, of the General Fund.
T 17RO_\TVT?TTUT(`V nTTTCTTIR A T(-)T?NTRV P7 1 nf7
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accouni Project ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
33005 0214040 4623001 B60001 B60000 2016 $40,000.00
33005 0214040 5900010 B60001 B60000 2016 $40,000.00
_1101001 0121000 1 49330051 $40000.001
1101001 0121000 1 5320101 $40,000.00
FROM
Fund Department Accouni Project ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
E33005 0214040 5900010 B60001 B60000 2016 $40,000.00
10100 0121000 5320101 $40,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Sarah Fullenwider (7606)
Additional Information Contact: Gerald Pruitt (7616)
T nnnam 17RA-MV-DUT)'POV (1TTTCTTIT. A --r T