0773RESOLUTION NO, 773 (#10 - 2018)
A RESOLUTION SUPPORTING THE CITY OF JACKSONVILLE'S
ENROLLMENT AND PARTICIPATION IN THE CLASS ACTION
LITIGATION PINE BLUFF ADVERTISING & PROMOTION
COMMISSION ET.AL. V. HOTELS COM L.P. ETAL.f JEFFERSON
COUNTY CIRCUIT COURT NO, CV2009-9465, TO PURSUE
APPROPRIATE DAMAGES FROM DEFENDANTS FOR IMPROPER
ASSESSMENT AND COLLECTION OF SALES/HOTEL/MOTEL TAXES
FROM ALL INTERNET/ONLINE BOOKINGS AT LOCAL
HOTELS/MOTELS; AND, FOR OTHER PURPOSES.
WHEREAS, the City recognizes that Pine Bluff, North Little Rock,
Jefferson County, and several other local government entities have been
successful in their efforts to pursue collection from and assessment by online
booking services to pay appropriate hotel/motel taxes on bookings and
reservations made through their online services through the above litigation;
WHEREAS, while the matter is currently on appeal before the
Arkansas Supreme Court, it is anticipated that Plaintiffs will have success in
anticipated rulings by the Court. If such occurs, enrollment of the City of
Jacksonville into said litigation is a win-win circumstance, as attorneys' fees
are payable through the litigation, not by the government entities;
WHEREAS, since litigation is ongoing, it is proper to join with the
Plaintiff firms of Thrash Law Firm, P.A. and Williams & Anderson, PLC, both
of Little Rock, Arkansas, in conjunction with experts in this area of litigation
from The Finnell Firm of Rome, Georgia and the Bird Law Group of Atlanta,
Georgia; and,
WHEREAS, involvement and enrollment of the City of Jacksonville,
Arkansas, together with the Jacksonville Advertising & Promotion
Commission, will ensure that both entities receive the appropriate amount of
tax revenues due from online booking services without additional costs to
our citizens. This litigation will also likely generate future additional tax
revenues properly paid by online booking services, which will generate
greater tax revenues for the Community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OFJACKSONVILLE, ARKANSAS, THAT:
SECTION ONE; We hereby authorize, encourage, and
support the enrollment and participation of the City of Jacksonville and the
Jacksonville Advertising & Promotion Commission into the litigation known as
Resolution No. 773 (#I0 — 2018)
Page Two
Pine Bluff Advertising & Promotion Commission et.al. v Hotels com, et.al.,
Jefferson County Circuit Court No. CV2009-9465. We also specifically
authorize Mayor Gary Fletcher to execute a Letter of Engagement with
Thrash Law Firm and Williams & Anderson PLC in conjunction with The
Finnell Firm of Rome, Georgia and the Bird Law Group of Atlanta, Georgia as
legal representatives of the Plaintiff's class in said manner, waiving any
necessity of Requests for Proposals for such services due to the ongoing
litigation.
SECTION TWO: This Resolution, necessary for the
betterment of the City and continuing purpose of benefitting the public's
health and safety, shall be in effect from and after its date of adoption.
SECTION THREE, Any other Resolutions in conflict herewith
are hereby repealed to the extent of said conflict. This Resolution shall be in
effect from and after its date of passage.
APPROVED AND ADOPTED THIS 16TH DA Y OFAUGUST, 2018.
JACKSONVILLE, ARKANSAS
A TTES T.-
YOR