Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Implement A Settlement With Pembroke Pines.
Strategic Plan Focus
Financial Management & Administration
Body
Staff Recommends: Approval of the attached Resolution.
Explanation:
The City provides wastewater services to several "large users," including the Cities of Pembroke Pines ("Pines"), Dania Beach, Hallandale Beach, and Miramar, as well as Broward County, pursuant to agreements that were negotiated and have been in place since the late 1990s, called the "large user wastewater agreements." Pines later sued Hollywood in three different actions, consolidated in Broward Circuit Court Case Number CACE 18-015330, asserting among other things 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 1990 Large User Agreement ("Issue 2").
Trial of all issues was concluded in December 2022, resulting in the Court's issuance of Findings of Fact and Conclusions of Law ("Final Order") on August 17, 2023, finding for Hollywood as to Issue 1 and in part for Pines and in part for Hollywood as to Issue 2 ("2018 Litigation"). Both Hollywood and Pines appealed the Final Order against them, and that appeal remains pending.
The parties wish to avoid the uncertainty, inconvenience, burden, and expense of further litigation, and wish to settle the litigation without any admission of wrongdoing or liability by the parties. The attorneys for the City and those for Pines have negotiated a settlement in the total amount of $8,500,000.00 to be paid by the City.
The City Attorney recommends that the City Commission approve the negotiated settlement, attached as Exhibit A.
Fiscal Impact:
If the settlement is approved, funding has been identified and will be paid from the Public Utilities...
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