HomeMy WebLinkAboutResolution 3503-07-2007A Resolution
No 3503-07-2007
A RESOLUTION FOR THE EMPLOYMENT OF KELLY, HART AND HALLMAN P C. AS
OUTSIDE LEGAL COUNSEL TO ADVISE THE CITY ON LEGAL ISSUES RELATED TO
THE AGREEMENT TO LEASE AND OPERATE THE SOUTHEAST LANDFILL
WHEREAS, the City of Fort Worth entered into an agreement with Allied Waste Systems,
Inc. d/b/a/ Trinity Waste Services for the lease and operation of the City's Southeast Landfill, and
WHEREAS, a specific need has arisen to address issues involving the performance of certain
obligations and responsibilities by Trimty Waste Services under the terms of the agreement; and
WHEREAS the law firm of Kelly Hart and Hallman has proven themselves to be well
qualified to provide assistance and counsel to the City Attorney m these matters.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
1
That the City is hereby authorized to retain Marshall Searcy and the law firm of Kelly Hart &
Hallman, P C as outside counsel pursuant to Section 3 Chapter VI of the City Charter to assist the City
Attorney m advising the City Attorney's office on legal matters related to the Agreement to lease and
operate the Southeast Landfill.
2
That, as far as practicable, the compensation to be paid to Kelly Hart & Hallman, P C shall not
exceed an aggregate of $50 000
AND IT IS SO RESOLVED
Adopted this 17~' day.of,July 2007 AFPROV~D
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`~ CITY COUf~CIL
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`~ JUL 1 7 2007
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Marty Hendri ~ ~ ~ City Secretary of the
.~ City of fort Worth, Texas
City Secretary ,•'~
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Cify of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/17/2007 Resolution #3503-07 2007 ~ Ordinance #17653-
07 2007
DATE Tuesday July 17 2007
LOG NAME 12SELFLEGALISS REFERENCE NO **G-15783
SUBJECT
Adopt Resolution Authorizing the Employment of Outside Legal Counsel to Assist and Advise the
City on Issues Related to the Agreement to Lease and Operate the Southeast Landfill between the
City and Allied Waste Services Inc d/b/a Trinity Waste Services and Adopt Appropriation
Ordinance
RECOMMENDATION
It is recommended that the City Council.
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the Solid Waste
fund by $50 000 and decreasing the unaudited unreserved undesignated fund balance by the same
amount;
2. Authorize the City Attorney to retain the law firm of Kelly Hart and Hallman P C and designate Marshall
Searcy as outside legal counsel pursuant to Chapter VI Section 3 of the City Charter to assist the City
Attorney with legal issues related to the Agreement to Lease and Operate the Southeast Landfill between
the City and Allied Waste Services, fnc d/b/a Trinity Waste Services and
3 Adopt the attached resolution fixing in advance as far as practicable the compensation to be paid to
Kelly Hart and Hallman P C in an amount not to exceed $50 000
DISCUSSION
On January 28 2003 the City entered into an agreement with Allied Waste Systems, Inc. d/b/a Trinity
Waste Services ("Trinity Waste') for the lease and operation of the City's Southeast Landfill known as City
Secretary Contract No 28336 and the First Amendment to the agreement on September 28 2005 known
as City Secretary Contract No 32407 (collectively the 'Lease Agreement")
The Lease Agreement includes obligations and responsibilities that Trinity Waste must perform Some of
those include the submission of an application(s) to the Texas Commission on Environmental Quality
("TCEQ") for a Landfill permit amendment and modification funding of a Closure/Post-Closure Trust
Account and payment to the City of certain rents. Legal issues regarding the performance of these and
other obligations and responsibilities by Trinity Waste have arisen
Additionally the City faces legal issues involving Trinity Waste's continued operation and lease of the
Landfill and the City should explore the legal action necessary to be proactive in ensuring that the Landfill
operates in a safe manner and to facilitate the approval of future expansion by TCEQ.
http.//www cfwnet.org/council~acket/Reports/mc~nnt.asp 7/17/2007
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached supplemental appropriation ordinance funds will be available in the current operating budget, as
appropriated of the Solid Waste Fund Upon approval the unaudited unreserved undesignated cash
balance of the Solid Waste Fund will be $9 976,272, which is the amount available above the minimum
reserve fund balance of $8 809 085 required by the City's Financial Management Policy Statements (i a 20
percent of the current-year adopted budget expenditures less debt service and capital outlay)
TO Fund/Account/Centers FROM Fund/AccountlCenters
1)PE64 539120 0525001 $50,000.00 3)PE64 539120 0525001 $50,000.00
Submitted for City Manager's Office b~ Libby Watson (6183)
Originating Department Head. David Yett (7623)
Brian Boerner (8085)
Additional Information Contact: Christa Lopez (8984)
http.//www cfwnet.org/council~acket/Reports/mc~nnt.asp 7/17/2007