HomeMy WebLinkAboutResolution 5806-09-2023A Resolution
NO. 5806-09-2023
AUTHORIZING THE RETENTION OF THE LAW FIRM OF KELLY HART &
HALLMAN LLP AS OUTSIDE LEGAL COUNSEL FOR LEGAL SERVICES
RELATED TO LAWSUITS CHALLENGING THE CITY'S SHORT TERM
RENTAL ORDINANCES
WHEREAS, the Fort Worth City Council on September 26, 2023, ordered
and decreed that a necessity exists to retain the assistance of outside counsel with
knowledge and expertise in suits challenging the City's short term rental ordinances;
and
WHEREAS, the City has been sued challenging the City's Ordinance Nos.
23110-02-2018 and 26005-02-2023, in Cause No. 236-342969-23, Kelray LLC, et
al. v. City of Fort Worth ; and
WHEREAS, because of the extraordinary complexity of this area of law and
the tremendous caseload of the City Attorney's Office, the City Manager and the
City Attorney recommend that the City retain outside legal counsel with knowledge
and expertise in short term rental litigation; and
WHEREAS, the law firm on Kelly Hart & Hallman LLP possesses the
required knowledge and expertise to represent the City in this matter; and
WHEREAS, the law firm of Kelly Hart & Hallman LLP has successfully
represented the City in past litigation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
The City is authorized to retain the law firm of Kelly Hart & Hallman LLP as
outside legal counsel pursuit to Chapter VI, Section 3 of the City Charter to assist
and represent the City in matters related to lawsuits challenging the City's short
term rental ordinances.
Adopted this 26th day of September, 2023.
ATTEST:
By: --------------------------
Jannette S. Goodall, City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/26/23 M&C FILE NUMBER: M&C 23-0791
LOG NAME: 12KELLY HART & HALLMAN SHORT-TERM RENTALS
SUBJECT
(ALL) Adopt Resolution Retaining the Law Firm of Kelly Hart & Hallman LLP as Outside Counsel, in an Amount Not to Exceed $150,000.00 for
Legal Services Related to Lawsuits Challenging the City's Short -Term Rental Ordinance
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution approving the retention of the law firm of Kelly Hart & Hallman LLP as
outside legal counsel to assist and represent the City in matters related to lawsuits filed challenging the City's short-term rental ordinances.
DISCUSSION:
The City has historically not permitted short-term rentals in residential districts. The City Council adopted Ordinance Number 23110-02-2018 to
confirm this prohibition. This year the Fort Worth City Council adopted Ordinance Number 26005-02-2023 requiring registration of short-term
rentals where allowed by zoning. The City has been sued in a lawsuit challenging the City's short-term rental ordinances, Cause No. 236-342969-
23, Kelray LLC, et al. v. City of Fort Worth.
Due to the complex nature of the litigation and the importance to the City and the current caseload of the City Attorney's Office, the City desires the
law firm of Kelly Hart & Hallman, LLP to represent the City in any litigation related to the short-term rental ordinances.
Funding is budgeted in the Human Resources Department in the Risk Financing Fund.
Legal fees are not expected to exceed $150,000.00.
FISCAL INFORMATION 1 CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Risk Financing Fund to
support the approval of the above recommendation and adoption of the resolution. Prior to any expenditure being incurred, the Legal
Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: ALL ACMs 6122
Originating Business Unit Head: Leann Guzman 8973
Additional Information Contact: Leann Guzman 8973