HomeMy WebLinkAboutResolution 3450-01-2007A Resolution
NO 3450-01-2007
WHEREAS the City filed suit against 3120 Precinct Line Road and Walker's Branch for operating an
illegal dump and
WHEREAS 3120 Precinct Line Road and Walker's Branch filed bankruptcy To generate money to
clean the property the bankruptcy trustee wishes to pursue illegal dumping cases against
the entities who allowed material to be dumped or those who illegally dump the materials,
and
WHEREAS because of the extraordinary importance of the issues raised, the trustee requires the
assistance of an environmental lawyer and a bankruptcy expert, therefore, rt is necessary
to retain outside legal counsel to assist the Trustee m prosecuting these cases, and
WHEREAS the Trustee requires the City's financial assistance m prosecuting environmental cases
involving 3120 Precinct Lme Road, and
WHEREAS Scott D Deatherage of Thompson & Knight, L.L.P possesses the required knowledge
and expertise m environmental issues and Erm E Jones of Diamond McCarthy L.L.P has
bankruptcy expertise and have agreed to assist the Trustee,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS
1
That Scott D Deatherage and Erin E Jones, pursuant to Section 3 Chapter VI of the City
Charter are employed to assist the Trustee m the environmental and bankruptcy issues related to the
3120 Precinct Lme Road and Walker's Branch bankruptcy and to advise the City Attorney m matters
relating thereto
2
That, as far as practicable, the compensation to be paid to Scott D Deatherage and Erin E. Jones
for their services,is hereby fixed m an amount not to exceed $25 000 00
cn day of January , 2007
~~-
~arty Hendrix
.~ *--
qty Secretary ~„~~;
r
Resolution No 3450-O1 2007
APPROVED AS TO FORM AND LEGALITY
Chris Mosley Assistant City A rney
APPROVED
CITY COUNCIL
JAN 3 d 2007
City Secretary of the
City of Fort Worth, Texas
~~'~" ~" ~
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 1/30/2007 Resoltuion No. 3450-01 2007
DATE Tuesday January 30 2007
LOG NAME 12HIREOUTSIDE
REFERENCE NO **G-15599
SUBJECT
Adopt a Resolution Authorizing the City to Hire Outside Counsel to Aid the Bankruptcy Trustee in
Filing and Prosecuting Cases for Illegal Dumping at 3120 Precinct Line Road
RECOMMENDATION
It is recommended that the City Council.
1 Authorize the City Manager to pay Scott D Deatherage of Thompson & Knight L.L.P and Erin E. Jones
of Diamond McCarthy L.L.P as outside counsel pursuant to Chapter VI Section 3 of the City Charter to
assist the bankruptcy trustee in filing and prosecuting cases against entities who either allowed their refuse
to be dumped or entities that illegally dumped refuse at 3120 Precinct Line Road and
2. Adopt the attached resolution approving the compensation to be paid to Scott D Deatherage and Erin E.
Jones at an amount not to exceed $25 000
DISCUSSION
The City of Fort Worth filed a lawsuit seeking injunctive relief against 3120 Precinct Line Road and Walker's
Branch for operating an illegal dump The vast accumulation of the material on the property constitutes a
hazardous condition This case is pending in Tarrant County Court at Law Number 2. On October 24
2005 the day before trial Defendant 3120 Precinct Line Road filed bankruptcy in Houston The bankruptcy
court appointed Rodney Tow as trustee, who wishes to prosecute cases against entities who allowed their
material to be dumped on the property and entities that dumped the material The objective of the trustee is
to generate money to clean the property The trustee requires the assistance of an environmental lawyer
and has suggested Scott D Deatherage with Thompson & Knight. Mr Tow also requires the bankruptcy
expertise of Erin E. Jones of Diamond McCarthy L.L.P The Trustee seeks financial assistance from the
City for legal expenses to prosecute these claims
It is recommended that the City pay for the services of Scott D Deatherage at Thompson & Knight
L.L.P and Erin E Jones of Diamond McCarthy to allow the bankruptcy trustee to prosecute cases against
entities who either allowed their material to be dumped illegally or entities that did the dumping
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current operating budget, as appropriated of
the Risk Management Fund
Lognazne. 12HIREOUTSIDE Page 1 of 2
TO Fund/Account/Centers
FROM Fund/Account/Centers
FE71 534060 0137120 $25.000.00
Submitted for City Manager's Office by: Chris Mosley (7603)
Originating Department Head. David Yett (7623)
Additional Information Contact: Chris Mosley (7603)
Logname. 12HIREOUTSIDE Page 2 of 2