It is recommended that the City Council adopt the attached resolution authorizing an increase in the amount of $100,000.00 to the maximum amount to be paid to 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, for a total amount of $300,000.00

On August 18, 2015, Mayor and Council Communication (M&C G-18529 and Resolution No. 4501-08-2015), the City Council approved the Law Firm of Kelly Hart & Hallman, LLP, as legal counsel to provide legal representation regarding any lawsuit filed challenging the City's game room ordinances.  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. 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, AFAD Investments, Inc. v. City of Fort Worth.  Because of the complex nature of the litigation and the importance to the City, the City hired the Law Firm of Kelly Hart & Hallman, LLP, to represent the City in any litigation related to the game room ordinances.

On May 3, 2016, Mayor and Council Communication (M&C G-18724 and Resolution No. 4621-05-2016), the City Council approved an additional $100,000.00 beyond the original $100,000.00 for a total of $200,000.00 to represent the City in this litigation.

The litigation is still pending and it is estimated that an additional amount of approximately $100,000.00 beyond the current authorized $200,000.00 will be needed for the legal services necessary to bring these lawsuits to a successful conclusion.

Adoption of this Resolution will increase the amount of compensation to be paid to the Law Firm of Kelly Hart & Hallman, LLP, by $100,000.00, for a total amount of $300,000.00.