HomeMy WebLinkAboutResolution 5372-04-2021A Resolution
NO. 5372-04-2021
AUTHORIZING THE CITY ATTORNEY TO FILE A LAWSUIT ENTITLED
CITY OF FORT WORTH V. NORTH CENTRAL BALLET COMPANY
WHEREAS , On November 26, 2019 , the City entered into a lease agreement with North Central
Ballet Company (hereafter, the "NCBC"), License Agreement No . 16400 for the purpose of hosting
perfonnances of The Nutcracker ballet (hereafter, the "Event") in the Will Rogers Memorial Center
auditorium from December 3-8, 2019; and
WHEREAS, the base rental cost for the auditorium of $15,000.00 was paid by NCBC in
advance;and
WHEREAS, during the Event, NCBC requested , and the City provided, the use of tables and
public address equipment, as well as the labor necessary to set up same; and
WHEREAS, under the terms of the License Agreement between the City and NCBC, the
ancil lary charge for the items and services requested by NCBC during the Event was $2 ,123 .00 ; and
WHEREAS , according to the License Agreement, NCBC would remit payment in full for such
ancillary charges on or before the day the Event concluded ; and
WHEREAS , On December 15, 2019 , the City mailed to NCBC invoice number 11471 for a total
of $2,123.00 owing to the City; and
WHEREAS , NCBC has , to date , fai led to pay said mvo1ce despite multiple attempts at
collection; and
WHEREAS, the City has a valid claim for breach of contract against NCBC to collect the
unpaid balance ;
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 a lawsuit against North Central Ballet Company in
Tan-ant County, Texas.
Adopted this 6 1h day of April 2021.
ATTEST:
By:~~~
Mary J. Kayser , City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/06/21 M&C FILE NUMBER: M&C 21-0234
LOG NAME: 12NORTH CENTRAL BALLET COMPANY LAWSUIT
SUBJECT
(ALL) Adopt Attached Resolution Authorizing the City Attorney's Office to File a Lawsuit Against North Central Ballet Company in Tarrant County ,
Texas to Recover the Past Due Balance Owed for Lease of the Will Rogers Memorial Coliseum Auditorium
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution authorizing the City Attorney's office to file a lawsuit against North Central
Ballet Company in Tarrant County , Texas to Recover the Past Due Balance Owed for Lease of the Will Rogers Memorial Coliseum Auditorium.
DISCUSSION :
On November 26 , 2019, the City executed a license agreement with North Central Ballet Company ("NCBC") for the purpose of hosting
performances of The Nutcracker ballet in the Will Rogers Memorial Center auditorium from December 3-8 , 2019 . The total rental cost for the
auditorium was $15,000 .00 , which NCBC paid in advance . At the event, NCBC requested the use and set-up of tables and public address
equipment, which incurred additional charges as outlined in the license agreement. On December 15, 2019 , the City sent an invoice to NCBC in
the amount of $2 ,123.00 for these additional charges. Numerous unsuccessful attempts have been made to collect this balance. To date , no
payment has been rece ived.
Accordingly, it is recommended that the City Council adopt the attached Resolution authorizing the City Attorney's office to file a lawsuit against
North Central Ballet Company to collect the past due balance .
Filing fees, service of process and prosecution of this lawsuit is expected to cost no more than $150.
A Form 1295 is not required 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: Jay Chapa 5804
Originating Business Unit Head: Sarah Fullenwider 7623
Additional Information Contact: Mike Crum 2501
Kevin Kemp 5982