Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering The Request Of The City Of Dania Beach, Florida, To Toll All Limitations Periods Associated With Dania Beach's Ability To Sue The City Of Hollywood For The Issues Pertaining To The Large User Agreements As Litigated In The Broward County Circuit Court Case Styled City Of Pembroke Pines v. City Of Hollywood; Authorizing The City Attorney To Enter Into A Tolling Agreement.
Strategic Plan Focus
Financial Management & Administration
Body
Staff Recommends: Approval of the attached Resolution.
Explanation:
The City of Hollywood provides wastewater services to several "large users," including the cities of Pembroke Pines ("Pines"), Dania Beach, Hallandale Beach, Miramar, and Broward County, pursuant to agreements that were negotiated and have been in place since the 1990s, called the "Large User Agreements."
Pines later sued Hollywood, in actions consolidated in Broward Circuit Court Case Number CACE 18-015330, asserting, among other things, that Hollywood had improperly calculated true-up payments under the Large User Agreements. Specifically, it was asserted that Hollywood improperly paid certain settlement funds due to Pines from funds that were owned and due to Pines ("Issue 1"), and that Hollywood had improperly calculated sewer rates due by Pines pursuant to the negotiated settlements in the 1990s ("Issue 2"), (collectively, the "Pines Litigation").
A trial was concluded in 2022, resulting in a Final Order in favor of Hollywood as to Issue 1, and in favor of Hollywood in part and Pines in part as to Issue 2. Both Pines and Hollywood have appealed the Final Judgment, and the appeals remain pending. As Dania Beach did not join with Pines in the underlying court action, the Final Order in the Pines Litigation does not apply to nor inure to the benefit of Dania Beach.
In July of this year, Dania Beach requested Chapter 164 dispute resolution ...
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