HomeMy WebLinkAboutResolution 5730-04-2023A Resolution
NO. 5730-04-2023
AUTHORIZING THE EMPLOYMENT OF CANTEY HANGER LLP AS
OUTSIDE LEGAL COUNSEL TO ADVISE AND REPRESENT THE CITY IN
MATTERS RELATED TO A SURVEY FOR THE NEW CITY HALL AND
AUTHORIZING PAYMENT OF COUNSEL FEES
WHEREAS, the Fort Worth City Council on April 11, 2023, ordered and
decreed that a necessity exists to retain the assistance of outside counsel with
knowledge and expertise in suits against surveyors and litigation involving
certificates of inerit; and
WHEREAS, it is possible that legal issues related to a survey that appears to
not accurately depict a federal-floodway easement at the new City Hall could lead
to asserting claims or litigation; 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 claims and litigation against professionals;
and
WHEREA5, the law firm of Cantey Hanger LLP possesses the required
knowledge and expertise in claims and litigation against professionals; and
WHEREAS, the law firm of Cantey Hanger LLP has successfully represented
the City in past litigation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
The City is authorized to retain the law firm of Cantey Hanger LLP as outside
legal counsel pursuit to Chapter VI, Section 3 of the City Charter to assist and
represent the City in matters related to a survey for the new City Hall and possible
related litigation.
Adopted this l lth day of April 2023.
ATTEST:
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By:
Jannette S. Goodall, City Secretary
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City of Fort Worth,
Mayor and
DATE: 04/11 /23
LOG NAME: 12CANTEYHANGERCITYHALL
SUBJECT
M&C FILE NUMBER: M&C 23-0249
(ALL) Adopt Resolution Authorizing the Employment of Cantey Hanger LLP as Outside Counsel, in an Amount Not to Exceed $150,000.00 to
Advise and Represent the City of Fort Worth in Matters Related to the Survey for the Future City Hall
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution approving the retention of the law firm of Cantey Hanger LLP as outside
legal counsel to assist and represent the City of Fort Worth in matters related to a survey for the Future City Hall.
DISCUSSION: �
The City of Fort Worth (City) relied on a survey to purchase the Pier One building and to plan Future City Hall. It appears that the survey did not
accurately describe a federal-floodway easement. As a result, in order to build the council chamber and parking facility, the City must secure a
408 permit from the Corps of Engineers that is costly in terms of time and money.
In order to compensate the Ciry for expenditures it must now make because of the easement that possibly was not adequately depicted in the
survey, the Ciry may be required to assert claims or pursue litigation.
This is a unique situation that requires special legal expertise in a complex and difficult legal area. Cantey Hanger law firm has the experience
necessary to advise the City with any claims that should be made or perhaps litigation that should be undertaken to compensate the Ciry.
Legal fees are not expected to exceed $150,000.00.
Funding is budgeted in the Property Management DepartmenYs Tax Note 2021 A Fund for the purpose of funding the City Hall Move 100 Energy
Way project, as appropriated.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Tax Note 2021 A Fund for
the City Hall Move 100 Energy Way project to support the approval of the above recommendation and retention of outside legal counsel. Prior to
an expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office bk ALL ACMs 6122
Originating Business Unit Head: Leann Guzman 8973
Additional Information Contact:
Texas
Council Communication
Leann Guzman 8973
Expedited