HomeMy WebLinkAbout(0031) RESOLUTION INCR FEES.KHH.2020.PDFA Resolution
NO.
TO INCREASE THE AMOUNT TO BE PAID TO THE LAW FIRM
OF KELLY HART & HALLMAN, LLP, AS OUTSIDE COUNSEL
FOR LEGAL SERVICES RELATED TO LAWSUITS
CHALLENGING THE CITY'S GAME ROOM ORDINANCES
WHEREAS, on October 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 lawsuits, to date, challenging
the City's Ordinance Nos. 21499-10-2014 and 21500-10-2014, in 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; and
WHEREAS, in 2017 the Court entered a judgment in the Davis litigation. Both
parties filed an appeal and the Second Court of Appeals heard oral arguments in January;
it issued its opinion in October and the City and Plaintiffs filed petitions for review in the
Texas Supreme Court and the Supreme Court heard oral arugment on January 28, 2020;
and
WHEREAS, the City, on August 18, 2015 hired the Law Firm of Kelly Hart &
Hallman, LLP, as outside counsel to provide legal representation regarding any lawsuit
filed challenging the City's game room ordinances; and
WHEREAS, to date, the cost of legal services by Kelly Hart & Hallman, LLP, as
outside counsel to provide legal representation regarding any lawsuit filed challenging the
City's game room ordinances, has been approximately $454,170.09; and
WHEREAS, the subject litigation is still pending and it is estimated that an
additional amount of approximately $40,000.00 beyond the current authorized $430,000.00
will be needed for the legal services necessary to bring these lawsuits to a successful
conclusion.
ORT WORrII
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That the compensation authorized to be paid to the Law Firm of Kelly Hart &
Hallman, LLP, as outside counsel, to provide legal representation regarding any lawsuit
filed challenging the City's game room ordinances, is hereby increased from $430,000.00
to an amount not to exceed $470,000.00.
Adopted this ------ day of... 2020.
ATTEST:
By: .....
----------------------------
Mary Kayser, City Secretary
ORT WORTTI
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