HomeMy WebLinkAboutResolution 4621-05-2016 A Resolution
NO. 4621-05-2016
TO INCREASE THE AMOUNT TO BE PAID TO THE LAW FIRM
OF KELLY HART &HALLMAN, LLP,AS OUTSIDE COUNSEL
FOR LEGAL SERVICES RELATED TO LAWSUITS
CHALLENGING THE CITY'S GAME ROOM ORDINANCES
WHEREAS, on October 14, 2014, the City of Fort Worth adopted Ordinance Nos.
21499-10-2014 and 21500-10-2014 to regulate game rooms through licensing and
zoning; and
WHEREAS, the City has been sued in three separate lawsuits, to date, challenging
the City's Ordinance Nos. 21499-10-2014 and 21500-10-2014, in Cause No. 48-276440-
15, Apolonio Garcia, et ux. v. City of Fort Worth, Cause No. 17-276483-15, Jack Davis,
et al. v. City of Fort Worth, and Cause No. 352-276568-15, AFAD Investments, Inc. v.
City of Fort Worth; and
WHEREAS, the City, on August 18, 2015 hired the Law Firm of Kelly Hart &
Hallman, LLP, as outside counsel to provide legal representation regarding any lawsuit
filed challenging the City's game room ordinances.
WHEREAS, to date, the cost of legal services by Kelly Hart & Hallman, LLP, as
outside counsel to provide legal representation regarding any lawsuit filed challenging
the City's game room ordinances, has been approximately $100,000.00; and
WHEREAS, the subject litigation is still pending and it is estimated that an
additional amount of approximately $100,000.00 beyond the current authorized
$100,000.00 will be needed for the legal services necessary to bring these lawsuits to a
successful conclusion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That the compensation authorized to be paid to the Law Firm of Kelly Hart &
Hallman, LLP, as outside counsel, provide legal representation regarding any lawsuit
filed challenging the City's game room ordinances, is hereby increased from $100,000.00
to an amount not to exceed $200,000.00. �b��o���
Adopted this3rd day of May, 2016. � �600*00 0%
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By:
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Mary . ayser, City Secretary
FORT WORT
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/3/2016 - Resolution No. 4621-05-2016
DATE: Tuesday, May 03, 2016 REFERENCE NO.: **G-18724
LOG NAME: 12GAME ROOM LITIGATION-AD D FUNDS
SUBJECT:
Adopt Resolution Authorizing an Increase of$100,000.00 in the Total Amount to be Paid to the Law Firm of
Kelly Hart & Hallman, LLP, as Outside Legal Counsel for Legal Matters Related to Lawsuits Challenging
the City's Game Room Ordinances, for a Total Amount of$200,000.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing an increase in the
amount of$100,000.00 to the maximum amount to be paid to the Law Firm of Kelly Hart & Hallman, LLP,
as outside legal counsel for legal services related to lawsuits challenging the City's Game Room
Ordinances, for a total amount of$200,000.00.
DISCUSSION:
On August 18, 2015, (M&C G-18529 and Resolution No. 4501-08-2015), the City Council approved the
Law Firm of Kelly Hart & Hallman, LLP, as legal counsel to provide legal representation regarding any
lawsuit filed challenging the City's game room ordinances. The City has been sued in three separate
lawsuits challenging the City's new game room ordinances. The three separate lawsuits are as
follows: Cause No. 48-276440-15, Apolonio Garcia, et ux. v. City of Fort Worth, Cause No. 17-276483-15,
Jack Davis, et al. v. City of Fort Worth and Cause No. 352-276568-15, AFAD Investments, Inc. v. City of
Fort Worth. Because of the complex nature of the litigation and the importance to the City, the City hired
the Law Firm of Kelly Hart & Hallman, LLP, to represent the City in any litigation related to the game room
ordinances. The litigation is still pending and it is estimated that an additional amount of approximately
$100,000.00 beyond the current authorized $100,000.00 will be needed for the legal services necessary to
bring these lawsuits to a successful conclusion.
Adoption of this Resolution will increase the amount of compensation to be paid to the Law Firm of Kelly
Hart & Hallman, LLP, by $100,000.00, for a total amount of$200,000.00.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of these recommendations, funds are available within
existing appropriations in the current operating budget of the Risk Management Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Logname: 12GAMEROOMLITIGATION-ADD FUNDS Page 1 of 2
Fund Department ccountl Project IProgram ctiviity� Budget I Reference # I Amount
I ID ID Year I (Chartfield 2)
E601111 0147120 15520114 1 2016 1$10
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Sarah J. Fullenwider (7606)
Additional Information Contact: Christopher B. Mosley (7603)
Logname: 12GAMEROOMLITIGATION-ADD FUNDS Page 2 of 2