HomeMy WebLinkAbout18004e
ORDINANCE NO. 18,004
AN ORDINANCE TO DISPENSE WITH THE
COMPETITIVE SELECTION PROCESS FOR LEGAL
COUNSEL; TO AUTHORIZE AN AGREEMENT
BETWEEN THE CITY AND H. WILLIAM ALLEN, ESQ.,
TO HANDLE LITIGATION CONCERNING THE
EXCELSIOR HOTEL; TO DECLARE AN EMERGENCY;
AND FOR OTHER PURPOSES.
•
324
WHEREAS, the City, through its Advertising & Promotion Commission (A &P) has
used portions of a temporary sales and compensating use tax to build a new convention facility
immediately adjacent to and adjoining the current Statehouse Convention Center, and
WHEREAS, it was the desire to the City to seek a concession contract with M.S. Green
-- Little Rock, owner of the Excelsior Hotel, to fulfill that concession contract and, after
protacted and thorough negotiations, had been told by the owner of M.S. Green that an
agreement had been reached, and
WHEREAS, notwithstanding this representation, M.S. Green has decided not to
contract with the City and, in fact, has sued the City in a civil action now pending in the
Pulaski Chancery Court, and
WHEREAS, this action may require interpretation of previous contractual provisions
and the testimony of various City witnesses including, but not limited to, the City Attorney,
and
WHEREAS, the Model Rules of Professional Conduct make it improper for an attorney
to serve as a witness in a case, thus necessitating the need for outside counsel, and
WHEREAS, H. William Allen, has agreed to handle this matter and, has been retained
by the A &P Commission to represent its interests in the case of M. S. Green -- Little Rock v. City
of Little Rock, et al, IJ 99 -2237, Pulaski Chancey [5th],
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
-t -
325
Section 1. Because the case referred to above has been filed and a hearing has
already been set, the Board of Directors finds it is impractical and unfeasible to issues a
Requests for Qualifications to select legal counsel to represent the City in this matter.
Section 2. The Board of Directors agrees to retain H. William Allen, Esq., to
represent it in the case of M. S. Green -- Little Rock Corp. v. City of Little Rock, et al, IJ 99 -2237,
Pulaski Chancery [5th] at an hourly rate of $175.00 per hour, provided that to the extent
provided by the Model Rules of Professional Conduct, the Office of the City Attorney will
assist in the preparation and research for this case.
Section 3. The Board understands that Mr. Allen has represented plaintiffs in a class
action lawsuit against the City dealing with compliance with the Americans with Disabilities
Act, but realizes that an agreed settlement has been proposed, that this case is virtually over,
that Mr. Allen has resigned as counsel for record in this case, and thus to the extent any
potential conflict of interest is present, waives that conflict so that Mr. Allen can now represent
the interests of the City.
Section 4. Emergency. The ability to provide a proper defense in a contract action
concerning the City's convention center, paid for with taxpayer monies, is essential to protect
the public health, safety and welfare; and emergency is therefore declared to exist to permit the
immediate retention of H. William Allen, Esq., as counsel for the City, and this ordinance shall
be in full force and effect from and after the date of its passage.
PASSED: May 4, 1999
ATTEST:
( %. 0 0 9 ai IA444 LO --A -
Robbie Hancock, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City t orney
//
`41
APPROVED:
C
Jim Daiy y Mayor
i