HomeMy WebLinkAboutResolution 5762-06-2023A Resolution
NO. 5762-06-2023
RESOLUTION AUTHORIZING RETENTION OF THE LAW FIRM OF
WINSTEAD, PC TO PROVIDE LEGAL SERVICES TO THE CITY OF FORT
WORTH RELATED TO THE MARY'S CREEK WASTEWATER TREATMENT
FACILITY
WHEREAS, the Fort Worth Water Department previously engaged the law firm of Lloyd
Gosselink Rochelle & Townsend, PC to provide legal services related to the application for a wastewater
discharge permit for the future Mary's Creek Wastewater Treatment Facility; and
WHEREAS, the permit application was contested by the Tarrant Regional Water District and
Martha Leonard, individually; and
WHEREAS, the parties mediated a settlement agreement and the discharge permit was
subsequently issued; and
WHEREAS, due to the complexities of the settlement agreement, ongoing legal representation
is desired; and
WHEREAS, the lead lawyer, James Aldredge, from the firm of Lloyd Gosselink Rochelle &
Townsend, PC, who possesses the background history and required knowledge and expertise to assist
the City in this matter has recently left his employment and is now employed by the law firm Winstead,
P.C.; and
WHEREAS, the City desires to retain Mr. Aldredge for his demonstrated expertise in this matter;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
1. The City Council authorizes retention of the law firm of Winstead, PC under Chapter
VI, § 3 of the City Charter, for consulting and legal services to related to the Mary's
Creek Wastewater Treatment Facility; and
2. The City is authorized to compensate the law firm of Winstead, PC, in an aggregate
amount authorized by Resolution 5491-10-2021.
Adopted this 271h day of June 2023.
ATTEST:
By:
Jannette S. Goodall, City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0549
LOG NAME: 6012WINSTEAD
SUBJECT
(ALL) Adopt a Resolution Authorizing the City Attorney to Retain the Law Firm of WINSTEAD, P.C. as Outside Legal Counsel to Provide Legal
Representation Related to the Mary's Creek Wastewater Treatment Facility
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution approving the retention of WINSTEAD, P.C. as outside legal counsel to
provide legal representation related to the Mary's Creek Wastewater Treatment Facility.
DISCUSSION:
The City Attorney's Office, in conjunction with the Water Department, retained the law firm of Lloyd Gosselink Rochelle & Townsend, PC "Lloyd
Gosselink" as outside legal counsel to assist with obtaining the wastewater discharge permit for the future Mary's Creek Wastewater Treatment
Facility "MCWWTF" (Resolution 5491-10-2021). The Tarrant Regional Water District "TRWD" and Martha Leonard, individually, intervened in the
case which could have led to protracted hearings and/or litigation. Through negotiations and State Office of Admnistrative Hearings -directed
mediation, the parties reached a settlement (City Secretary No. 57611; M&C 22-0401). On August 12, 2022, the discharge permit was issued by
the TCEQ. Thereafter, the TRWD commenced efforts on pursuing its obligations pursuant to the settlement agreement.
Recently, the lawyer, James Aldredge, who had been the primary counsel on the matter left his employment at Lloyd Gosselink and has taken a
similar position at Winstead, P.C. Ongoing representation by Mr. Aldredge is desired for continuity and to ensure compliance with the settlement
agreement or other matters which may arise during the implementation phase of the MCWWTF. The nature of this engagement would be "as
needed" and for so long as necessary.
Sufficient funding In the Water & Sewer Operating Fund remains from the original authorization (Resolution 5491-10-2021), which authorized up to
$600,000.00. To date, $178,835.90 has been invoiced which includes pass through expert and engineering charges.
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 this action will have no material effect on City funds
Submitted for City Manager's Office . Dana Burghdoff 8018
Oriainatina Business Unit Head: Chris Harder 5020
Additional Information Contact:
Expedited