HomeMy WebLinkAboutResolution 5833-10-2023 (2) A Resolution
NO. 5833-10-2023
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, Rylie, 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 Rylie 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; the
Court of Appeals issued a favorable opinion to the City. The plaintiffs have sought review
in the Texas Supreme Court where the case is now pending. 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; 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 $540,000.00; and
WHEREAS, the subject litigation is still pending and it is estimated that an
additional amount of approximately $50,000.00 beyond the current authorized $540,000.00
will be needed for the legal services necessary to complete initial briefing at the Texas
Supreme Court.
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 $540,000.00
to an amount not to exceed $590,000.00.
Adopted this 31 sT day of October, 2023.
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Jannette S. Goodall, City Secretary ���0 `�'
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