HomeMy WebLinkAboutResolution 4971-09-2018 A Resolution
NO. 4971-09-2018
AUTHORIZING LAWSUITS ENTITLED
CITY OF FORT WORTH V. AMERICAN TELUGU ASSOCIATION,
CITY OF FORT WORTH V. PASTIMES, INCORPORATED,
CITY OF FORT WORTH V. EXPO INCORPORATED, AND
CITY OF FORT WORTH V. KIP CURRY
WHEREAS, on January 14, 2016, the City executed Convention License Agreement No. 17091
with the American Telugu Association (the "ATA") for the purpose of hosting its conference in the Fort
Worth Convention Center in May of 2018; and
WHEREAS,this license agreement provided that in the event the ATA cancelled the conference
between 12 and 24 months prior to its scheduled start date, the ATA would owe the City$48,656.25, less
any payments already made; and
WHEREAS,the ATA cancelled the conference in March of 2017, 14 months prior to its scheduled
start date; and
WHEREAS,having paid only $3,787.50 to date, the ATA still owes the City $44,868.75 and has
not responded to repeated collection efforts; and
WHEREAS,on December 2,2014,the City executed Convention License Agreement No. 16246-
2 with Pastimes, Incorporated for the purpose of hosting its conference in the Fort Worth Convention
Center in July of 2015; and
WHEREAS, under the terms of the Agreement, Pastimes, Incorporated still owes the City
$7,790.00 and has not responded to repeated collection efforts; and
WHEREAS, on June 23, 2014, the City entered into Convention License Agreement No. 16326
with Expo Incorporated for the purpose of hosting its conference in the Fort Worth Convention Center in
June of 2015; and
WHEREAS, this license agreement provided that in the event Expo cancelled the conference
within 12 months of its scheduled start date, the entire $16,800 rental fee would be owed to the City, less
any payments already made; and
WHEREAS, on May 12, 2015, one month prior to its scheduled start date, the City was informed
that Expo Incorporated had cancelled the conference; and
WHEREAS,having paid only$1,680.00 to date,Expo Incorporated still owes the City$15,120.00
and has not responded to repeated collection efforts; and
FORTWORTH
Resolution No.4971-09-2018
WHEREAS, on December 16, 2016, the City executed License Agreement No. 15453 with Kip
Curry for the purpose of hosting a livestock show in the Will Rogers Memorial Center swine barn from
in December of 2016; and
WHEREAS, under the terms of the Agreement, Mr. Curry still owes the City $1,092.48 and has
not responded to repeated collection efforts.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS, THAT:
1.
The City Council authorizes the filing of lawsuits against the American Telugu Association,
Pastimes, Incorporated, Expo Incorporated and Kip Curry for the purpose of collecting debts owed to the
City.
Adopted this 11th day of September, 2018.
ATTEST: p� FORT
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/11/2018 - Resolution No. 4971-09-2018
DATE: Tuesday, September 11, 2018 REFERENCE NO.: **G-19357
LOG NAME: 12FW CONVENTION CENTER COLLECTIONS LAWSUITS
SUBJECT:
Adopt Resolution Authorizing the City's Lawsuits Against the American Telugu Association, Expo
Incorporated, Pastimes, Incorporated and Kip Curry in Tarrant County, Texas (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the City Attorney's office
to file lawsuits against the American Telugu Association, Expo Incorporated, Pastimes, Incorporated and
Kip Curry in Tarrant County, Texas.
DISCUSSION:
On January 14, 2016, the City executed a license agreement with the American Telugu Association (the
ATA) for the purpose of hosting its conference in the Fort Worth Convention Center from May 23-28,
2018. The total minimum rental cost to the ATA was $64,875.00. This license agreement included the
provision that if the ATA cancelled the event more than 12 but less than 24 months prior to the scheduled
start date, the ATA would owe to the city a total of$48,656.25, less any payments already made. On
March 23, 2017, 14 months prior to the scheduled start date of the conference, the City received notice
that the ATA was cancelling the event. At that time, the ATA had paid the City a total of$3,787.50.
Numerous unsuccessful attempts have been made to collect the remaining balance of$44,868.7
On June 23, 2014, the City executed a license agreement with Expo Incorporated (Expo) for the purpose
of hosting its conference in the Fort Worth Convention Center from June 11-13, 2015. The total minimum
rental cost to Expo was $16,800.00. This license agreement included the provision that in the event Expo
cancelled the conference within 12 months of its scheduled start date, the entire $16,800.00 would be
owed to the City, less any payments already made. On May 12, 2015, the City was informed that the
event had been cancelled. At that time, Expo had paid the City a total of$1,680.00. Numerous
unsuccessful attempts have been made to collect the remaining balance of$15,120.00.
On December 2, 2014, the City executed a license agreement with (Pastimes), Incorporated for the
purpose of hosting its conference in the Fort Worth Convention Center from July 23-26, 2015. The total
minimum rental cost to Pastimes was $24,937.50. The license agreement provides that the rental cost
includes tables, chairs and staging for the ballroom and meeting rooms, but that tables, chairs and staging
for exhibit halls and the arena would incur additional charges. During the course of the conference,
Pastimes ordered additional services from the City, including set up of additional chairs and tables for
exhibit hall AB. These additional services brought the total for the conference to $32,727.50. Pastimes
paid only the $24,937.50. Numerous unsuccessful attempts have been made to collect the remaining
balance of$7,790.00.
On December 16, 2016, the City executed a license agreement with Kip Curry (Curry) for the purpose of
hosting a livestock show in the Will Rogers Memorial Center swine barn from December 16-18, 2016. The
rental fee was $1,125.00. Curry paid a deposit of$112.52 prior to the event, but has never paid the
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remaining balance. Numerous unsuccessful attempts have been made to collect the remaining balance of
$1,092.48.
Accordingly, it is recommended that the City Council adopt the attached resolution authorizing the filing of
lawsuits against these entities or persons in Tarrant County, Texas.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available within the Risk Management Fund to cover the
cost of filing fees for the litigation. No material effect on the Fiscal Year 2018 or Fiscal Year 2019 Budgets
are anticipated from this action.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
L-60-1-11-F 0147120 15520114 1 1 2018 1 J$2 000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: ALL ACMs (6222)
Originating Department Head: Sarah Fullenwider (7623)
Additional Information Contact: Steve Cumbie (6799)
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