HomeMy WebLinkAboutResolution 2416A Resolution
NO o°V /~L l (p
WHEREAS on January 28 1997 the City Council approved M&C G-
11744 which adopted Resolution No 2251 retaining Glen
Johnson and the law firm of Kelly Hart & Hallman as legal
counsel in the case of Francine Lyles v. City of Fort Worth, Civil
Action No 4.96-CV-959-A, and
WHEREAS, on February 5 1998 the Fifth Circuit Court of Appeals
dismissed Francine Lyles appeal of the subject lawsuit, thus
fully disposing of the litigation in favor of the City• and
WHEREAS the total cost of Glen Johnson s services to the City in the
successful disposition and conclusion of this lawsuit is
$67 343 75
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF FORT WORTH, TEXAS
That the compensation authorized to be paid to Glen Johnson and the law firm of
Kelly Hart & Hallman as outside counsel in the disposition of the lawsuit of
Francine Lyles v. City of Fort Worth, Civil Action No 4.96-CV-959-A, is hereby
increased from $50 000 to $67 343 75
Adopted this day of 1998
CITY OF FORT WORTH
City of Fort Worth, Texas
n/I~Ayar And ~aunc~l ~ar»mun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
7/7/98 **G-12256 12LYLES 1 of 1
SUBJECT RESOLUTION INCREASING THE AUTHORIZED AMOUNT TO BE PAID TO GLEN
JOHNSON AND THE LAW FIRM OF KELLY HART & HALLMAN AS LEGAL COUNSEL
IN THE CASE OF FRANCINE LYLES V CITY OF FORT WORTH CIVIL ACTION NO
4.96-CV-959-A
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution increasing to $67 343 75 the
maximum amount authorized to be paid to Glen Johnson of the law firm of Kelly Hart & Hallman as
outside counsel in the case of Francine Lyles v City of Fort Worth, Civil Action No 4.96-CV 959-A.
DISCUSSION
On January 28 1997 (M&C G-11744) the City Council approved Resolution No 2251 retaining Glen
Johnson of the law firm of Kelly Hart & Hallman as outside counsel in the case of Francine Lyles v. City
of Fort Worth, Civil Action No 4.96-CV-959-A. At that time, the City Council approved the expenditure
of $50 000 00 for legal services in connection with the lawsuit.
Through August 1997 Mr Johnson billed the City a total of $42,650 18 Since that time the City has
received additional bills of $24 693.57 The City Attorney has reviewed these bills and has submitted
them for payment, subject to the City Council's adoption of a resolution authorizing payment beyond the
$50 000 00 previously authorized
On October 7 1997 Federal District Judge John McBryde granted the City's Motion for Summary
Judgment in this matter Thereafter plaintiff Lyles filed an appeal challenging Judge McBryde s
decision On February 5 1998 the Fifth Circuit Court of Appeals dismissed plaintiff Lyles' appeal The
lawsuit now has been fully disposed of in favor of the City and no further legal services will be required
of Mr Johnson
Accordingly it is recommended by the City Attorney and the Risk Management Department that the
total amount authorized to be paid to Glen Johnson and the law firm of Kelly Hart & Hallman through
the conclusion of this matter be increased to $67 343 75
Under the City's Charter it is necessary for the City Council to adopt a resolution increasing the amount
of total compensation to be paid to Mr Johnson and Kelly Hart and Hallman
FISC:AI INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current operating budget, as appropriated
of the Insurance Fund
CB'
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
ROVED
APP
°°
Charles Boswell 8511 ~~
~~
t
CI f Y V®UNG~t
Originating Department Head:
JUL 7 ~
Wade Adkins 7623 (from)
FE71 534060 1057120 $17,343 75
~,« ~~~~~
Additional Information Contact:
Ci@~j Sear~tary of ehe
City of Fart XVorth,'fasms
Bill Wood 7607
~Cpa~ted_ ~eso4ution No. ~ /
____~ ~,