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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 Pax from 1c--18-1d f9 ;4 fig. i 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