HomeMy WebLinkAboutPR 18180: LAW FIRM LANGSTON SCOTT ADAMS N
P. R. No. 18180
02/14/14 vt
RESOLUTION NO.
A RESOLUTION PERTAINING TO REQUEST SUBMITTED
BY THE LAW FIRM OF LANGSTON SCOTT ADAMS
WHEREAS, on October 10, 2013, a Temporary Restraining Order
and Request for Temporary Injunction was filed against the City
of Port Arthur; and
WHEREAS, the Law Firm of Langston Scott Adams represented
the Plaintiffs in the above referenced matter; and
WHEREAS, a hearing was held on October 24, 2013 and the
Court determined that the Plaintiffs should exhaust their
administrative remedies pursuant to the requirements of Section
211 of the Texas Local Government Code; and
WHEREAS, the Law Firm of Langston Scott Adams has sent
correspondence requesting the payment of attorney's fees
pursuant to Section 37.009 of the Texas Civil Practices and
Remedies Code (a copy of relevant statute and the correspondence
is attached as Exhibit "A ").
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble
are true and correct.
s.pr18180
Section 2. That the City Council deems it in the best
interest of the City to:
Section 3. That a copy of this caption be spread upon
the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of February,
A.D., 2014, at a Regular Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
T"./ ( kid 4
CITY A TTO ITEY
APPROVED FOR ADMINISTRATION:
JOHN A. COMEAUX, P.E.,
INTERIM CITY MANAGER
s.pr18180
Exhibit "A"
CIVIL PRACTICE AND REMEDIES CODE CHAPTER 37. DECLARATORY JUDGM... Page 1 of 1
Sec. 37.009. COSTS. In any proceeding under this chapter, the
court may award costs and reasonable and necessary attorney's fees as
are equitable and just.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
http: / /www.statutes.legis. state .tx.us /Docs /CP/htm/CP.37.htm 2/14/2014
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DEC _ . 9113 B13
Law Offices of
Langston Scott Adams
2931 Park Plaza. Lane
Port Arthur, Texas 77642
409 982 -178() Tel.
409 982 -1701 Fax.
December 19, 2013
Valencia. R. Tizeno
City Attorney
City of Port Arthur
444 4th Street
Port Arthur, Texas 77670
VIA FACSIMILE: (409) 983 -8128
Re: Cause No: E194887; Reginald Trainer, Efrain Avendanq, Paul Hulin and Herman
Lezinsl:on.
Dear Mrs. Tizeno:
As you aware the City of Port Arthur in open court and in its Plea to Jurisdiction
represented to Judge Floyd that Plaintiff's failed to exhaust administrative remedies provided by
Chapter 211 ol'the Texas Local Government Code. Attorney Scott Bounds argued that the
Zoning Board of Adjustment had authority to hear and decide any appeal or the City of Port
Arthur Council's decision to rezone the Edison Property in spite of your legal advice to City
Council. Relying on the City's representations Judge Floyd conditionally granted the City's
P]ca to Jurisdiction to give Plaintiffs an opportunity to appeal to the Zoning Board of
Adjustment, belbre returning to his court. Plaintiff's filed such appeal and prevailed before the
Zoning Board of Adjustment. I would assume that the City of Port Arthur will respect the
decision of the Zoning Board of Adjustment and not take a contradictory position before Judge
Floyd.
Pursuant to Section 37.009 of the Civil Practice and Remedies Code Plaintiffs are
entitled to the recovery of attorney fees. To date Plaintiffs have incurred $ 12,500.00 in attorney
fees. In an effort to settle this matter Plaintiffs propose to dismiss its cause of action without
prejudice and have the City of Port Arthur pay Plaintiff's counsel $12,500.00 in attorney tics.
Please forward this offer of settlement to the Port Arthur City Counsel and inform me or their
response_
Sin cre].y,
angston Scott Adams