Title
Consider a memorandum/resolution increasing authorized funds to defend the Bell County lawsuit related to marijuana enforcement from $100,000.00 to $135,000.00.
Body
DATE: October 7, 2025
TO: Kent Cagle, City Manager
FROM: Holli Clements, City Attorney
SUBJECT: Authorize additional funds for Bell County lawsuit
BACKGROUND AND FINDINGS:
On February 8, 2023, the City engaged Sheils Winnubst, PC, to represent the City with regard to a lawsuit filed by Bell County seeking to invalidate the City’s marijuana enforcement ordinance.
The marijuana enforcement ordinance was adopted pursuant to the City Charter initiative process where the citizens of Killeen placed Proposition A on the November 8, 2022 ballot. The initiative ordinance was then passed by majority vote of the citizens of Killeen. The ordinance limits certain enforcement action of low-level marijuana offenses.
City Council previously ratified the agreement with Sheils Winnubst for legal services in an amount not to exceed $100,000 without further Council approval. Additional funds are now needed to continue to defend the Bell County lawsuit. This item would increase the amount of approved funding from $100,000 to $135,000.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
Based on City Council feedback, it is recommended that the City Council increase authorized funds to defend the Bell County lawsuit related to marijuana enforcement from $100,000 to $135,000.
CONFORMITY TO CITY POLICY:
Approval of this item is in compliance with state law and city policy. Expenses for legal services are professional services and exempt from competitive purchasing requirements.
FINANCIAL IMPACT:
What is the amount of the expenditure in the current fiscal year? For future years?
Expenditures for legal services will be determined by decisions made by the City with regard to the litigation, but limited to $135,000 without future Council action.
Is this a one-time or recurring expenditure?
Recurring until resolution of litigation.
Is this expenditure budgeted?
Funds are available in the General Fund Non-Departmental legal services account 100-54240-700-701-000000.
If not, where will the money come from?
N/A
Is there a sufficient amount in the budgeted line-item for this expenditure?
Yes.
RECOMMENDATION:
Based on City Council feedback, it is recommended that the City Council increase authorized funds to defend the Bell County lawsuit related to marijuana enforcement from $100,000 to $135,000.
DEPARTMENTAL CLEARANCES:
Purchasing
Finance
City Manager
ATTACHED SUPPORTING DOCUMENTS:
Agreement
Presentation