HomeMy WebLinkAboutResolution 5094-06-2019 A Resolution
NO. 5094-06-2019
AUTHORIZING AN INCREASE OF $85,000.00 TO BE PAID TO THE LAW FIRM
OF KELLY HART & HALLMAN, LLP, AS OUTSIDE LEGAL COUNSEL FOR
LEGAL MATTERS REGARDING ENVIRONMENTAL CONDITIONS AND
RELATED ISSUES IN CONNECTION WITH PROPERTY LOCATED IN THE
VICINITY OF THE BRENNAN AVENUE SERVICE CENTER
FOR A TOTAL AMOUNT OF $170,000
WHEREAS, on June 12, 2018,the City Council approved Resolution No. 4945 (M&C G-19299)
authorizing the employment of Kelly Hart & Hallman to assist the City in responding to Penna Group,
LLC (Perna) 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; and
WHEREAS, that time, outside counsel and City staff have continued to work with the Texas
Commission on Environmental Quality to address the environmental conditions at the site; and
WHEREAS, because of the extraordinary complexity of this area of law, the City Manager and
the City Anal ky 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 increase the amount of compensation to 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 environmental contamination from property in the
vicinity of the Brennan Avenue Service Center, and any related legal actions.
ORT WORT
2.
The City is hereby authorized to compensate Kelly,Hart&Hallman, L.L.P., for any such services
in an amount not to exceed$170,000.00.
Adopted this 4th day of June 2019.
ATTEST: ��F FORTS
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Mary Kayse S cretary �j(AS
ORT WORT
6/5/2019 M&C-Council Agenda
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/4/2019 - Resolution No. 5094-06-2019
DATE: Tuesday, June 4, 2019 REFERENCE NO.: **G-19548
LOG NAME: 12KHHCITIZENSSUITINCREASE
SUBJECT:
Adopt Resolution Authorizing an Increase of$85,000.00 in the Total Amount to be Paid to the Law Firm of
Kelly Hart & Hallman, LLP, as Outside Legal Counsel for Legal Matters Regarding Environmental Conditions
and Related Issues in Connection with Property Located in the Vicinity of the Brennan Avenue Service
Center For a Total Amount of$170,000.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing an increase of
$85,000.00 in the total Amount to be Paid to the Law Firm of Kelly Hart & Hallman, LLP, as Outside Legal
Counsel for Legal Matters Regarding Environmental Conditions and Related Issues in Connection with
Property Located in the Vicinity of the Brennan Avenue Service Center for a total amount of$170,000.00.
DISCUSSION:
On June 12, 2018, the City Council approved Resolution No. 4945 (M&C G-19299) authorizing the
employment of Kelly Hart & Hallman to assist the City in responding to Penna Group, LLC (Penns) 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. Since that time, outside counsel and City staff have
continued to work with the Texas Commission on Environmental Quality to address the environmental
conditions at the site. These efforts have and continue to include a plan of action to remove any potential
claims and continues.
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 the
environmental conditions in the vicinity of the Brennan Avenue Service Center and any related issues.
Legal fees are not expected to exceed $170,000.00.
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):
apps2.cfwnet.org/ecounciI/printmc.asp?id=27036&print=true&DocType=pre\Aew&page=re,Aew&counciIdate=6/4/2019 1/2
6J5/2019 M&C-Council Agenda
TO
Fund Department Account Project Program Activity Budget Reference# mount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project ProgramActivity: Budget Reference # Amount
ID 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)
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