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14891I RESOLUTION NO. 14,891 2 3 A RESOLUTION TO AUTHORIZE THE MAYOR TO ENTER INTO AN 4 AGREEMENT WITH THRASH LAW FIRM, P.A., AND OTHERS, TO 5 REPRESENT THE INTERESTS OF THE CITY OF LITTLE ROCK, 6 ARKANSAS, IN LITIGATION REGARDING GROSS RECEIPTS TAXES 7 FOR THE INTERNET RENTAL OF HOTEL ROOMS; AND FOR OTHER 8 PURPOSES. 9 10 WHEREAS, there has been an issue about the proper Gross Receipts Tax amount to be collected by 1 I municipalities for the Internet booking of a hotel room, or other accommodation, through entities such as 12 Hotels.com, Inc.; and, 13 WHEREAS, in Pine Bluff Advertising & Promotion Commission, et al v. Hotel.com, Inc., et al, No. 14 2009-946-5 in the Jefferson County Circuit Court the Thomas Thrash of the Thrash Law Firm obtained a 15 judgment in favor of municipalities on the proper interpretation of which amount should be taxed; and, 16 WHEREAS, the matter is pending appeal and further action and the Thrash Law Firm is working with 17 Williams & Anderson, PLC, of Little Rock, Arkansas, The Finnell Firm of Rome, Georgia, and the Bird 18 Law Group, PC, of Atlanta, Georgia, to pursue the interests of the plaintiff as well as the City of North 19 Little Rock, Arkansas, and others; and, 20 WHEREAS, it would be efficient and economical for the City of Little Rock, Arkansas, to permit the 21 Thrash Law Firm, P.A., in conjunction with others, to represent the interests of the City of Little Rock, 22 Arkansas. 23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 24 OF LITTLE ROCK, ARKANSAS: 25 . Section 1. The Mayor is authorized into an engagement letter with Thrash Law Firm, P.A., to 26 represent the interests of the City of Little Rock, Arkansas, in continued litigation in Pine BluffAdvertising 27 & Promotion Commission, et al v. Hotels.com, Inc., et al, No. 2009-946-5, Jefferson Circuit Court, in a 28 form acceptable to the City Attorney, and if needed certified by the City Clerk. 29 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 30 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 31 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 32 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 33 resolution. [Page 1 of 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 3. Repealer. All resolutions, bylaws, and other matters inconsistent with this resolution are hereby repealed to the extent of such inconsistency. ADOPTED: November 5, 2018 City Clerk AS O LEGAL FORM: Thomas M. Carpenter, City Attor y 4�H H H H H H H H H H H H H H H H H H H H H H H [Page 2 of 21