HomeMy WebLinkAboutResolution 4945-06-2018 A Resolution
NO. 4945-06-2018
AUTHORIZING THE EMPLOYMENT OF
KELLY, HART & HALLMAN, L.L.P., AS OUTSIDE LEGAL
COUNSEL TO ADVISE AND REPRESENT THE CITY REGARDING A NOTICE OF
INTENT TO FILE A CITIZEN SUIT UNDER THE CLEAN WATER ACT AND
RESOURCE CONSERVATION AND RECOVERY ACT VIOLATIONS AND
AUTHORIZING PAYMENT OF COUNSEL FEES
WHEREAS, the City received a draft Notice of Intent to File a Citizen Suit from Penna Group,
LLC under 33 U.S.C. Section 1365(a)(1) of the Clean Water Act ("CWA") and Section 7002(A)(1)(B) of
the Resource Conservation and Recovery Act ("RCRA") for alleged environmental contamination from
property in the vicinity of the Brennan Avenue Service Center; and
WHEREAS,the City must respond to an actual notice of intent to file a Citizen Suit within sixty
(60) days; and
WHEREAS, because of the extraordinary complexity of this area of law, the City Manager and
the City Attorney recommend that the City retain outside legal counsel with knowledge and expertise in
matters involving suits filed under RCRA and the CWA; and
WHEREAS, the law firm of Kelly, Hart & Hallman, L.L.P., possesses the required knowledge
and expertise in suits filed under RCRA and the CWA; and
WHEREAS,the law firm of Kelly,Hart&Hallman, L.L.P.,has successfully represented the City
in past litigation related to environmental issues.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
1.
The City is authorized to retain the law firm of Kelly, Hart & Hallman, L.L.P., as outside
legal counsel pursuant to Chapter VI, Section 3, of the City Charter to assist and represent the City in all
matters related to the Notice of Intent to File a Citizen Suit by Penna Group, LLC under 33 U.S.C. Section
1365(a)(1)of the Clean Water Act and Section 7002(A)(1)(B)of the Resource Conservation and Recovery
Act for alleged environmental contamination from property in the vicinity of the Brennan Avenue Service
Center, and any related legal actions.
FoRTWOCH
2.
The City is hereby authorized to compensate Kelly, Hart&Hallman, L.L.P., for any such services
in an amount not to exceed $85,000.00.
Adopted this 12th day of June, 2018.
ATTEST:
By' --1�— -- -- — -------
Mary J. Kayser G cr y
�XAS.
ORTWO
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/12/2018 - Resolution No. 4945-06-2018
DATE: Tuesday, June 12, 2018 REFERENCE NO.: **G-19299
LOG NAME: 12KHHCITIZENSSUIT
SUBJECT:
Adopt Resolution Authorizing the Employment of Kelly Hart & Hallman Law Firm as Outside Counsel, in an
Amount Not to Exceed $85,000.00, to Assist the City in Responding to a Notice of Intent to File Citizen Suit
Regarding Alleged Clean Water Act and Resource Conservation and Recovery Act Violations and Related
Issues in Connection with Property Located in the Vicinity of the Brennan Avenue Service Center(ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution approving the retention of the law
firm of Kelly Hart & Hallman as outside legal counsel to assist and represent the City in matters related to
a Notice of Intent to file Citizen Suit by Penna Group, LLC and any other related legal matters regarding
alleged Clean Water Act and Resource Conservation and Recovery Act Violations and related issues in
connection with property located in the vicinity of the Brennan Avenue Service Center.
DISCUSSION:
Penna Group, LLC (Penna) issued a draft notice to the City Attorney's office of its intent to file a Citizen
Suit under Section 7002(A)(1)(B) of the Resource Conservation and Recovery Act of 1976 ("RCRA"), and
under 33 U.S.C. Section 1365(a)(1) of the Clean Water Act ("CWA")for an alleged environmental
contamination from property owned by the City in the vicinity of the Brennan Avenue Service Center. The
City must respond within 60 days of receiving the actual notice of intent to file suit.
Due to the extraordinary complexity of this area of the law and the timeliness of the City's response, the
City Attorney and the City Manager recommend that the City retain outside legal counsel with extensive
knowledge and expertise in environmental law, especially in defending against RCRA and CWA claims.
Kelly Hart & Hallman Law Firm has experience in environmental law matters. 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 to
retain Kelly Hart & Hallman Law Firm to assist City staff and to represent the City in matters related to
Penna's Citizen Suit on alleged violations of RCRA and the CWA and any related issues.
Legal fees are not expected to exceed $85,000.00.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as appropriated
of the Environmental Protection Fund. Prior to an expense being incurred, the Code Compliance
Department has the responsibility to validate the availability of funds.
FUND IDENTIFIERS (FIDs):
Logname: 12KHHCITIZENSSUIT Page 1 of 2
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department 14cc Oun Project �ProgramActivity Budget Reference # Amount
ID I ID Year Chartfield 2
25005 0234100 5320101 $85,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: ALL ACMs (6222)
Originating Department Head: Sarah Fullenwider (7623)
Additional Information Contact: Christa Lopez-Reynolds (8984)
Logname: 12KHHCITIZENSSUIT Page 2 of 2