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HomeMy WebLinkAboutResolution 6162-09-2025A Resolution NO. 6162-09-2025 AUTHORIZING THE RETENTION OF THE CANTEY HANGER LAW FIRM (CANTEY HANGER LLP) AS LEGAL COUNSEL FOR LITIGATION IN MATTERS RELATED TO A RUPTURED PETROLEUM PIPELINE OWNED AND OPERATED BY ENERGY TRANSFER LP AND PERMIAN EXPRESS PARTNERS LLC AND AUTHORIZING PAYMENT OF COUNSEL FEES AND RETAINING THIRD PARTY CONSULTANTS TO ADVISE THE CITY AND OUTSIDE LEGAL COUNSEL. WHEREAS, the Fort Worth City Council on September 16th , 2025, ordered and decreed that a necessity exists to retain the assistance of outside counsel with knowledge and expertise in complex energy law matters related to pipelines, energy production, and operations; and WHEREAS, the petroleum pipeline, owned and operated by Energy Transfer LP and Permian Express Partners LLC, ruptured on May 5, 2025, near the intersection of Boswell Drive and Texas Highway 180 in Arlington, causing the infiltration of over 277,200 gallons of oil into the Village Creek Wastewater Treatment Plant, per reports filed with the Texas Railroad Commission, and WHEREAS, it is possible that legal issues related to the ruptured petroleum pipeline could lead to litigation; and WHEREAS, the City of Fort Worth has incurred or will be forced to incur significant costs in its emergency response and recovery efforts to repair damage caused by the petroleum pipeline rupture; and WHEREAS, the City Council of the City of Fort Worth finds that it is in the public interest to seek recovery for the costs of its emergency response, recovery efforts, and repair of damages caused by the ruptured petroleum pipeline from the owners and operators responsible for the discharge of crude oil that damaged City - owned sewer line as well as the City of Fort Worth's Village Creek Wastewater Treatment Plant; 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 matters involving pipelines, energy production, and operations; and WHEREAS, Cantey Hanger possesses the required knowledge and expertise in energy law; and WHEREAS, Cantey Hanger has successfully represented the City in past litigation related to real estate. WHEREAS, it is estimated that $250,000.00 will be needed for the legal services necessary to recover City costs related to the ruptured petroleum pipeline including the possibility of initiating or defending against litigation in state and/or federal court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: The City is authorized to retain Cantey Hanger as outside legal counsel pursuant to Chapter VI, Section 3 of the City Charter to assist and represent the City in matters related to complex energy law matters, including, if necessary, initiating or defending litigation. Adopted this 16th day of September 2025. ATTEST: By: Jannette S. Goodall, City Secretary °°o °°o * d °a', 0