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HomeMy WebLinkAboutResolution 5912-03-2024A RESOLUTION No. 5912-03-2024 AUTHORIZING THE RETENTION OF THE LAW FIRM OF BICKERSTAFF DELGADO HEATH ACOSTA LLP AS OUTSIDE LEGAL COUNSEL FOR ENVIRONMENTAL AND REGULATORY MATTERS BEFORE THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE PUBLIC UTILITIES COMMISSION OF TEXAS WHEREAS, from time to time the City of Fort Worth ("City") is in need of assistance on legal issues for regulatory matters involving the Texas Commission on Environmental Quality ("TCEQ"), the Public Utilities Commission of Texas ("PUC"), or the State Office of Administrative Hearings ("SOAH") for which it is necessary to seek outside Iegal counsel with expertise in environmental law and regulatory matters; WHEREAS, engaging with outside counsel for environmental and regulatory matters has been a traditional practice of the City when the need arises; WHEREAS, the City desires that the law firm of Bickerstaff Delgado Heath Acosta LLP be retained to assist and represent the City in environmental and regulatory matters where such outside counsel is needed; WHEREAS, the law firm of Bickerstaff Delgado Heath Acosta LLP possesses the required knowledge and expertise to assist the City with its environmental and regulatory matters. 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 Bickerstaff Delgado Heath Acosta LLP as outside legal counsel under Chapter Vl, § 3 of the City Charter, for legal services related to environmental and regulatory matters, in an amount not to exceed $200,000.00. Adopted this 191 day of March, 2024. ATTEST: By: Jannette Goodall, City Secretary City of Fort Worth, Texas Mayor and Council Communication DATE: 03/19/24 M&C FILE NUMBER: M&C 24-0221 LOG NAME: 60BICKERSTAFF TCEQ AND PUC OUTSIDE COUNSEL SUBJECT (ALL) Adopt Resolution Retaining Bickerstaff Heath Delgado Acosta LLP, as Outside Counsel, in an Amount Not to Exceed $200,000.00 for Legal Services Related to Regulatory Matters, Including, but not Limited to, the Public Utility Commission of Texas, Texas Commission on Environmental Quality, or the State Office of Administrative Hearings Involving the Water Department RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution approving the retention of the law firm of Bickerstaff Heath Delgado Acosta LLP, as outside legal counsel, in an amount not to exceed $200,000.00 to assist and represent the City with regulatory matters, including, but not limited to, matters with the Public Utility Commission of Texas, the Texas Commission on Environmental Quality, or the State Office of Administrative Hearings involving the Water Department. DISCUSSION: The City of Fort Worth (City) has traditionally hired outside counsel to represent the City in complex matters before the Texas Commission on Environmental Quality (TCEQ) and the Public Utility Commission of Texas (PUC) which involve the Water Department. From time to time, the City needs outside counsel with expertise in regulatory matters, involving, but not limited to, the following agencies: TCEQ, PUC, or the State Office of Administrative Hearings (SOAR). The City desires that the law firm of Bickerstaff Heath Delgado Acosta LLP be retained to assist and represent the City in regulatory matters where such outside legal counsel is needed. Funding is budgeted in the Water and Sewer Fund for the Water Department. Legal fees are requested in an amount not to exceed $200,000.00, 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 Water and Sewer Fund. Prior to an expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b} . ALL ACMs 6122 Originating Business Unit Head: Leann Guzman 8973 Additional Information Contact: Leann Guzman 8973