HomeMy WebLinkAboutResolution 4844-09-2017 A Resolution
NO. 4844-09-2017
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 $277,000.00; and
WHEREAS, the subject litigation is still pending and it is estimated that an
additional amount of approximately $50,000.00 beyond the current authorized $300,000.00
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, to provide legal representation regarding any lawsuit
filed challenging the City's game room ordinances, is hereby increased from $300,000.00
to an amount not to exceed $350,000.00.
Adopted this 191h day of September 2017. SOF FOR)•
ATTEST:
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B y: — -- -- T�S
Mary J. Kayser, Ci ecretary
FORTWORTH
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9119%2017 Resolution No, 4844-09-2017
DATE: Tuesday, September 19, 2017 REFERENCE NO.: **G-19097
LOG NAME: 12GAMEROOM LITIGATION-ADDL FUNDS
SUBJECT:
Adopt Resolution Authorizing an Increase of$50,000.00 in the Total Amount to be Paid to the Law Firm of
Kelly Hart & Hallman, LLP, as Outside Legal Counsel for Legal Matters Relating to Lawsuits Challenging
the City's Game Room Ordinances for a Total Amount of$350,000.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing an increase in the
amount of$50,000.00 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$350,000.00
DISCUSSION:
On August 18, 2015, Mayor and Council Communication (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.
On May 3, 2016, Mayor and Council Communication (M&C G-18724 and Resolution No. 4621-05-2016),
the City Council approved an additional $100,000.00 beyond the original $100,000.00 for a total of
$200,000.00 to represent the City in this litigation.
On February 21, 2017, Mayor and Council Communication (M&C G-18949 and Resolution No. 4746-02-
2017), the City Council approved an additional $100,000.00 for a total of$300,000.00 to represent the City
in this litigation.
The litigation is still pending and it is estimated that an additional amount of approximately $50,000.00
beyond the current authorized $300,000.00 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 $50,000.00, for a total amount of$350,000.00.
This M&C does not request approval of a contract with a business entity.
Logname: 12GAMEROOM LITIGATION-ADDL FUNDS Page I of 2
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
Fundl Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department Accounl Project ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
60111 0147120 5520114 2018 $50,000.0
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Sarah Fullenwider (7606)
Additional Information Contact: Christopher B. Mosley (7603)
Logname: 12GAMEROOM LITIGATION-ADDL FUNDS Page 2 of 2