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HomeMy WebLinkAboutResolution 5970-06-2024A Resolution NO.5970-06-2024 AUTHORIZING THE CITY ATTORNEY TO FILE A LAWSUIT ENTITLED CITY OF FORT WORTH, TEXAS V. TEXAS GARDEN CLUBS, INC. WHEREAS the City owns approximately 10.291 acres of property within the Fort Worth Botanic Garden (the "Property"); and WHEREAS Texas Garden Clubs, Inc. claims to own the Property through a December 9, 1959 agreement executed by the President of the Board of Park Commissioners, but unauthorized by City Council; and WHEREAS the City has attempted to negotiate a settlement with Texas Garden Clubs, Inc., but the City's offers have been declined; and WHEREAS the City is entitled to resolve the overarching claims to ownership of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FORT WORTH, TEXAS, THAT: The City Council authorizes the City Attorney to file a lawsuit against Texas Garden Clubs, Inc. Adopted this 25" day of June, 2024. ATTEST: By: Jannette S. Goodall, City Secretary City of Fort Worth, Texas Mayor and Council Communication DATE: 06/25/24 M&C FILE NUMBER: M&C 24-0538 LOG NAME: 12TGC LAWSUIT 2024 SUBJECT (ALL) Adopt Resolution Authorizing the City Attorney to File Suit Against Texas Garden Clubs, Inc. to Resolve the Ownership of Certain Property Located within the FortWorth Botanic Garden RECOMMENDATION: It is recommended that the City Council adopt the attached resolution and authorize the City Attorney to file a lawsuit against Texas Garden Clubs, Inc. to resolve the ownership of certain property located within the Fort Worth Botanic Garden. DISCUSSION: The City of Fort Worth owns approximately 10.291 acres of property located within the Fort Worth Botanic Garden (the "Property"). Texas Garden Clubs, Inc. ("TGC") maintains their headquarters building on the Property and also claims to own the Property through a December 9, 1959 agreement executed by the President of the Board of Park Commissioners, but unauthorized by City Council. Since 2019, City staff has attempted to resolve the competing claims of ownership and reach a settlement with TGC. However, TGC has declined the City's offers. 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 approval of this recommendation will have no material effect on City funds. Submitted for City Manager's Office W. ALL AGMs 6122 Oriainating Business Unit Head: Leann Guzman 8973 Additional Information Contact: Leann Guzman 8973