HomeMy WebLinkAboutResolution 4501-08-2015 A Resolution
NO. 4501-08-2015
AUTHORIZING RETENTION OF THE LAW FIRM OF KELLY HART & HALLMAN, LLP,
AS OUTSIDE LEGAL COUNSEL FOR LEGAL SERVICES RELATED TO LAWSUITS
CHALLENGING THE CITY'S GAME ROOM ORDINANCES
WHEREAS, on (..)ctober 14, 2014, the City of Fort Worth adopted Ordinance Nos. 21499-10-
2014 and 21500-10-2014 to regulate game rooms through licensing and zoning; and
WHEREAS, the City has been sued in three separate lawsuilts, to date, challenging the City's
Ordinance Nos. 21499-10-2014 and 21500-10-2014, in ("-'ause No. 48 276440-15, Apolonio Garcia, et
ux. v. City of Fort Worth, Cause No. 17-276483-15, Jack Davis, et al. v. City of Fort Worth, and Cause
No. 352-276568-15, AF AD luvestiveins, Inc. v., City of Fort Worth; and
WHEREAS, because of the complex nature of the litigation and the importance t o t he City, the
City desires the Law Firm of Kelly Hart & f4allman, LLP, to provide legal representation regarding any
lawsuit filed challenging the (,ity's game room ordinances. Kelly Hart & Hallman, LLP, has unique and
recoLmized expertise in litigation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS-
1.
That the engagement of the Law Firm of Kelly Hart & Hallrnan, LLP, as outside legal counsel. be
confirmed pursuant to Chapter VI, Section 3, oft e City Charter, in order to provide legal representation
to the City concerning lawsuits challenging the City's Ordinance Nos. 21499-10-2014 and 21500-10-
2014.
That the City be authorized to compensate the Law Firm of Kelly Hart & Hallman, LL P, in an amount
not to exceed $100,000,00, inclusive of requ ired Fifing fees.
Adopted this day of AjjLgq�jj 2015. f oRr 44
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BY:
..... ........... .....
Mary J. Kay: r, City Secretary
RT IVOMU
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City of Fort Worth, Texas
Mayor and council communication
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COUNCIL ACTION: Approved on 8/18/2015 - Resolution No. 4501-08-2015
DATE: Tuesday, August 18, 2015 REFERENCE NO.: **G-18529
LOG NAME: 12GAMEROOMLITIGATION
SUBJECT:
Adopt Resolution Retaining the Law Firm of Il Hart & Hallman, LLP, as Outside Legal Counsel in an
Amount Not to Exceed $100,000.00 for Legal Services Related to Lawsuits Challenging the City's Game
Room Ordinances (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the i Council:
1. Authorize the City Attorney to retain the law firm of Kelly Hart & Hallman, LLP, as outside legal counsel,
pursuant to Chapter VI, Section 3 of the City Charter, to provide legal representatiion regarding any lawsuit
filed challenging the City's game room ordinances',- and
2. Adopt the attached Resolution designating in advance„ as far as practicable, that the amount to be paid
to Kelly Hart & Hallman, LL P, will not exceed $100,000.00, inclusive of required filing fees.
DISCUSSION:
On October 14, 2014, the City Council adopted Ordinance Nos. 21499-10-2014 and 21500-10-2014 to
regulate game rooms through licensing and zoning. The City has been sued in three separate lawsuits
challenging the City's new game room ordinances. The three separate lawsuits are as follows: Cause
No. 48-276440-15, Apolonio Garcia, et ux. va City of Worth, Cause No. 17-276483-15, Jack Davis, et
L v. City of Fort Worth, and Cause No. 352-276568-15, AFAD Investments, Inc. v.. City of Fort
Worth. Because of the complex nature of the litigation and the importance to the City, the City desires the
law firm of Kelly Hart & Hallman, LLP, to represent the i in any litigation related to the game room
ordinances.
FISCAL INFORMATION / CERTIFICATION:
The Fiscal Year 2015 Risk Management Fund budget does not include appropriations specifically
budgeted for this expense. However„ the Fund has identified) savings in Lawsuit Payments to offset the
full cost. The FY2015 Risk Management Fund budget includes appropriations of$1,452,283.00 in the
Lawsuit Payments/Settlements account. As of August 11, 2015, $355„731.00 of those funds have been
expended.
The Financial Management Services Director certifies that on approval of these recommendations,
funds are available within existing appropriations in the current operating budget of the Risk Management
Fund.
FUND CENTERS:
I.o n nc: 12G FAR.C:)0M1A"I'IGAT[ON Page 1 oft
TO Fund/Account/Centers FROM Fund/AccountiCenters
FE71 534060 0137120 $100,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Sarah J. Fullenwider (7606)
Additional Information Contact: Christopher B. Mosley (7603)
Logname: 12GAMEROOMLTTTGATTON Page 2 of 2