HomeMy WebLinkAboutResolution 5683-02-2023 A Resolution
NO. 5683-02-2023
AUTHORIZING THE CITY ATTORNEY TO RETAIN
THE LAW FIRM OF PORTER HEDGES LLP TO ASSIST THE CITY ATTORNEY'S
OFFICE IN ADVISING THE CODE COMPLIANCE DEPARTMENT REGARDING
THE SOUTHEAST LANDFILL LEASE AND LANDFILL GAS RELATED MATTERS
WHEREAS, On January 28, 2003, the City entered into a lease agreement (the "Lease") with
Allied Waste Systems, Inc., d/b/a Republic Services ("Republic"), for the lease and operation of the City's
Southeast Landfill known as City Secretary Contract No. 28336; and
WHEREAS, the Lease provides that Republic has the right to beneficially use or commercially
exploit landfill gas at the Southeast Landfill so long as there is mutual agreement with the City; and
WHEREAS, environmental law and the legal issues concerning landfill gas in particular requires
special legal expertise of a nature that the City typically does not deal with in its regular course of business;
and
WHEREAS, the law firm of Porter Hedges LLP has substantial expertise in the area concerning
landfill gas and renewable natural gas and has agreed to represent the City in this matter.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
I.
That the City Attorney is hereby authorized to retain the law firm of Porter Hedges LLP as outside
counsel pursuant to Section 3, Chapter VI of the City Charter to assist the City Attorney in reviewing the
City's Southeast Landfill lease and advising the City on matters related to landfill gas.
II.
That the compensation to be paid to the law firm of Porter Hedges LLP shall not exceed $12,000.
AND IT IS SO RESOLVED.
Adopted this 141h day of February, 2023.
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By Jeanette S. Goodall, City Secretary a4 nE 0000
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/14/23 M&C FILE NUMBER: M&C 23-0063
LOG NAME: 12LANDFILLGASCOUNSEL
SUBJECT
(ALL)Adopt a Resolution Authorizing Employment of Porter Hedges LLP as Outside Legal Counsel for Assistance to the City Attorney's Office
Related to the City's Southeast Landfill Lease and Landfill Gas Related Matters
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing employment of Porter Hedges LLP as outside legal counsel for
assistance to the City Attorney's Office related to the City's Southeast Landfill lease and landfill gas related matters.
DISCUSSION:
On January 28,2003,the City entered into a lease agreement(Lease)with Allied Waste Systems, Inc.,d/b/a Republic Services(Republic),for the
lease and operation of the City's Southeast Landfill known as City Secretary Contract No.28336. The Contract and ensuing amendments allowed
Republic to lease and operate the landfill and use landfill gas on the site in agreement with the City.
Environmental law and the legal issues concerning landfill gas in particular requires special legal expertise of a nature that the City typically does
not deal with in its regular course of business. As a result,the City Attorney is requesting the City Council's consent for retention of Joel
Goldberg at Porter Hedges LLP,for assistance in this matter.The cost for this service is expected to not exceed$12,000.00. In accordance with
the City Charter,the City Council must adopt a Resolution and provide authorization for this service.
Funding is budgeted in the Consultant&Other Prof Services account of the Solid Waste Administration Department within the Solid Waste Fund.
This will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation,funds are available in the current operating budget,as previously
appropriated, in the Solid Waste Fund. Prior to an expenditure being made,the Code Compliance Department has the responsibility to validate
the availability of funds.
Submitted for City Manager's Office by. ALL ACMs 6122
Originating Business Unit Head: Leann Guzman 8973
Additional Information Contact: Christopher Austria 7619
Expedited