HomeMy WebLinkAboutResolution 5122-09-2019 A Resolution
NO. 5122-09-2019
AUTHORIZING LAWSUITS ENTITLED
CITY OF FORT WORTH V. MARK TAYLOR AND
CITY OF FORT WORTH V. TRUE AVIATION PARTNERS, LLC.
WHEREAS, On March 3, 2017, the City entered into City Contract No. 48840 with Mark
Taylor for the month-to-month lease of Box Hangar Unit B, located at 12525 Wildcat Way (Spinks
Airport); and
WHEREAS, in return for use of the hangar, Mr. Taylor agreed to pay the City $800 on the first
day of each month, with a 10%penalty added if rent was not paid within 10 days of the due date; and
WHEREAS, rent was increased to $850 per month on October 1, 2017; and
WHEREAS, Taylor neglected to pay the City rent due for the months of October 2017 through
February 2018, at which time the lease was terminated by City staff; and
WHEREAS, Taylor owes the City $4,250.00 for unpaid rent, plus $892.50 in late fees and
penalties for a total of$5,142.50, and has refused to pay; and
WHEREAS, On August 14, 2017, the City entered into City Contract No. 49517 with True
Aviation Partners, LLC; and
WHEREAS, True Aviation Partners agreed to a month-to-month lease of Suite L26, lower level,
in the administration building at Fort Worth Meacham International Airport at a rental rate of$558.83
per month, with a 10%penalty added if rent was not paid within 10 days of the due date; and
WHEREAS, rent was increased to $658.83 per month on November 1, 2017; and
WHEREAS, True Aviation Partners, LLC failed to pay rent for four consecutive months
beginning in December of 2018, and staff thereafter terminated the lease for non-payment; and
WHEREAS, the balance and accrued penalties owed to the City by True Aviation Partners, LLC
total $3,459.81, which they have refused to pay;
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 Mark Taylor and against True Aviation
Partners, LLC in Tarrant County, Texas.
Adopted this loth day of September 2019.
ATTEST:
OFF Rr�'L�
Mary J. Kays City Secretary
.�'XAS
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/10/19 M&C FILE NUMBER: M&C 19-0137
LOG NAME: 12AVIATION LEASE LAWSUITS
SUBJECT
Adopt Resolution Authorizing the City Attorney's Office to File Lawsuits Against Mark Taylor and True Aviation Partners,LLC,in Tarrant County,
Texas to Recover Past Due Rental Payments at City Airports(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 Mark Taylor and
True Aviation Partners,LLC,in Tarrant County,Texas to Recover Past Due Rental Payment at City Airports.
DISCUSSION:
On March 3,2017,the City entered into City Contract No.48840 with Mark Taylor for the month-to-month lease of Box Hangar Unit B,located at
12525 Wildcat Way(Spinks Airport). In return for use of the hangar,Mr.Taylor agreed to pay the City$800 on the first day of each month,with a
10%penalty added if rent was not paid within 10 days of the due date. Rent was increased to$850 per month on October 1,2017.
Taylor neglected to pay the City rent due for the months of October 2017 through February 2018,at which time the lease was terminated by City
staff. Taylor owes the City$4,250.00 for unpaid rent,plus$892.50 in late fees and penalties for a total of$5,142.50.
On August 14,2017,the City entered into City Contract No.49517 with True Aviation Partners, LLC, by and through its representatives
Christopher Fink and Tommy Nelson. Through this contract,True Aviation Partners agreed to a month-to-month lease of Suite L26,lower level,in
the administration building at Fort Worth Meacham International Airport. Lessee agreed to pay the City$558.83 on the first day of each month,
with a 10%penalty added if rent was not paid within 10 days of the due date. Rent increased to$658.83 per month on November 1,2017.
True Aviation Partners, LLC failed to pay rent for four consecutive months beginning in December of 2018,and staff terminated the lease for non-
payment. The balance and accrued penalties owed to the City by True Aviation Partners, LLC total$3,459.81.
In order to recover the amounts past due,Staff recommends filing two lawsuits,one against Mark Taylor and one against True Aviation Partners,
LLC,seeking payment of the amounts past due.
Accordingly,it is recommended that the City Council adopt the attached Resolution authorizing the filing of the lawsuits in Tarrant County,Texas.
The cost for filing fees,service of process and prosecution of these lawsuits is expected to cost no more than$1000.
A Form 1295 is not required for this contract because: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 in the current operating budget,as appropriated,of the Risk Financing Fund. Prior to
expenditures being made,the participating department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head: Sarah Fullenwider 7623
Additional Information Contact: Sarah Fullenwider 7623