HomeMy WebLinkAboutR-2026-046 Mid Year Budget Adjustment - Funding Pre Trial Litigation v. HollywoodRESOLUTION NO. 2026-046
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING A MID-YEAR BUDGET AMENDMENT BY
THE FINANCE DEPARTMENT FOR THE LEGAL DEPARTMENT TO FUND
PRETRIAL LITIGATION EXPENSES; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City believes there were several overcharges or improper charges
imposed under a Large User Wastewater Agreement for the City to utilize the City of Hollywood’s
services; and
WHEREAS, the same type of agreement was executed by the City of Pembroke Pines,
Pembroke Parks, Hallandale Beach, Miramar and Broward County; and
WHEREAS, the City believes that some of the charges imposed by Hollywood and paid
by the City were improperly imposed and the City should receive those payments back from the
City of Hollywood; and
WHEREAS, several years ago Pembroke Pines filed suit against Hollywood for the
improper charges, and succeeded at trial and was awarded damages; and
WHEREAS, the Pembroke Pines judgment was appealed in the litigation known as City
of Hollywood v. Pembroke Pines, Appellate case numbers.: 4D2023-2252 and 4D2024-07l 5
(Fla. 4th DCA), which appeal was ultimately resolved pursuant to a settlement agreement entered
into between the parties in September 2025; and
WHEREAS, the City also disputes some of the charges imposed by the City of Hollywood
under the agreement and initiated the government dispute resolution process authorized under
Florida law; and
WHEREAS, before the Hollywood/Pembroke Pines settlement, the City initiated the
government dispute resolution process and in an effort to amicably resolve matters, the parties on
or about September 18 and 24, 2024, each approved resolutions authorizing a tolling agreement that
stayed the City of Dania Beach’s litigation against the City of Hollywood, and extended the claims
period so that the City can recover damages for a five year period back to 2018, and the stay was
designed to continue until a decision from the appellate courts in the City of Hollywood v.
Pembroke Pines; and
2 RESOLUTION #2026-046
WHEREAS, in September 2025, the Cities of Pembroke Pines and Hollywood settled their
damages dispute, which then automatically ended the City’s stay 30 days after the Court’s
termination of the appeal due to the settlement; and
WHEREAS, on or about December 29, 2025, the Cities of Dania Beach and Hollywood
agreed to a short extension of the stay through January 21, 2026, in order to try and work on
settlement, which negotiations failed; and
WHEREAS, as a result, the City of Dania Beach filed suit against the City of Hollywood,
as the City of Dania Beach believes that it is owed damages exceeding $5,000,000.00, plus
prejudgment interest, attorney’s fees and costs in improper charges since 2018; and
WHEREAS, the City hired Akerman LLP, which firm provides services to the City at a
reduced government rate, and which counsel represented the City of Pembroke Pines in their
success damages claim litigation against the City of Hollywood, as referenced above; and
WHEREAS, utilizing Akerman allows the City to utilize the firm’s institutional
knowledge and expertise in the underlying litigation; and
WHEREAS, the proposed Akerman, LLP budget through Pre-Trial litigation is
$650,000.00, which should extend through the year, and therefore requires an amendment to the
fiscal year 2025-26 adopted budget to fund the litigation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing “Whereas” clauses are approved, made a part of, and
incorporated into this Resolution by this reference.
Section 2. That the projected cost of litigation exceeds the adopted budget shall be
amended to approve an appropriation from fund balance (a/k/a reserves) GL Account No. 001-
00-00-389-90-01 to Professional Services Legal Account No. 001-14-01-514-31-20.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall take effect immediately upon its passage and
adoption.
SIGNATURES ON THE FOLLOWING PAGE
3 RESOLUTION #2026-046
PASSED AND ADOPTED on April 14, 2026.
Motion by Commissioner Lewellen, second by Commissioner Rimoli.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
___________________________________
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY