HomeMy WebLinkAbout(0013) RESOLUTION INCR FEES.KHH.2021-4.PDFRESOLUTION NO.
AUTHORIZING THE CITY ATTORNEY 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 issued its opinion and the City
and Plaintiffs filed petitions for review in the Texas Supreme Court. The Texas Supreme
Court issued an opinion favorable to the City and remanded to the Court of Appeals which
has requested briefing; oral argument was April 13, 2021; 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 $507,454.23; and
WHEREAS, the subject litigation is still pending and it is estimated that an
additional amount of approximately $20,000.00 beyond the current authorized $520,000.00
will be needed for the legal services necessary to bring these lawsuits to a successful
conclusion.
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 $520,000.00
to an amount not to exceed $540,000.00.Adopted this --- day of _________________
2021.
Adopted this day of April, 2021.
ATTEST:
Mary Kayser, City Secretary