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Home My WebLink AboutR-1983-038 ...... ... ........ RESOLUTION NO. 38 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, APPROVING THE SETTLE- MENT AGREEMENT BETWEEN THE CITY OF DANIA AND t BROWARD COUNTY IN THE ACTION ENTITLED CITY OF CORAL SPRINGS, ET AL. , VS . BROWARD COUNTY CASE NO. 82-19933-CA; AND PROVIDING THAT THIS RESOLUTION SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION. I BE IT RESOLVED BY THE CITY COMMISSION OF LHE CITY OF DANIA, FLORIDA: i Section 1. That certain Settlement Agreement by and between the City of Dania, a Florida municipal corporation, and Broward County, Florida, as set forth in letter dated June 30 , 1933 , with attachments , from Paul McDonough, Esquire , to Frank C. Adler, City Attorney, regarding that certain action entitled City of Coral Springs , et al. , vs . Broward County , Case No . 82-19933-CA , Circuit Court of Broward County , Florida , a photocopy of said letter and attachments is attached hereto as "Exhibit A" , be and the same is hereby accepted and approved; and the Mayor-Commissioner, City Manager, City Clerk-Auditor and City Attorney be and they are hereby directed to execute any documents on behalf of the City of Dania that may be necessary to effectuate this settlement and to cause the balance of costs and expenses due from the City of Dania to be paid to the City of Coral Springs , Florida. Section 2 . That this resolution shall be in force and take effect immediately upon its passage and adoption. i i PASSED AND ADOPTED this 6th day of July, 1933. i f ! 04itt MAYOR-COMMISSION ATTEST : CITYITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS : I FRANK C. ADLER ,City Attorney i i 1 � t! f Iil r � ;1.. �' S94iYW.'w�'SiJ d.?,�.p:• F :a :..�. :Ja .o;. .:. ,..' � .. o .. ..... ... .;... a qr e y. i J "EXHIBIT A" e x 5: A i r 3 LAW OFFICES PAUL J. MCDONOUGH, P A. UNIVER51TY DRIVE PROFESSIONAL PLAZA 188I UNIVERSITY DRIVE, SUITE 206 PAUL J.M,,DONOUGH CORAL SpRIN03, FLORIDA 33065 MARTIN J. HANNA EDWARD P. PHILLIPS,P.A. PENNY O.WARE JOHN B. ROGERS, P.A. ' OF COUNSEL TELEPHONE(305)752-3400 DIRECT MIAMI LINE 940-1956 June 30th, 1983. Frank Adler, Esq. 301 Bayview Bldg. 1040 Bayview Drive Fort Lauderdale, Florida 33304. Re: City of Coral Springs, et al. vs. Broward County - Case No. 82-19933 CA (Road and Bridge Tax lawsuit) Dear Frank: Enclosed is a Settlement Offer from Broward County which I recommend that each city accept. �4 There are time constraints in this offer which are imposed by our trial date of , July 11th. It is imnerati_ve that each city act )oon rt ;g nff,-r nn before Julv 8th. I would appreciate Immediate notification of Commission action. The basis of my recommendation necessarily involves an analysis of all factors involved in the litigation. Suffice it to say that I believe this is a good compromise of legal issues which are complex, the resolution of which do not automatically indicate a more favorable result. Additionally, one must factor in the appellate process. A decision by the Court would, in my opinion, necessarily involve the time and expenses of an appellate review. A word or two of explanation of the Settlement Offer is necessary. The settlement amount for "road and bridge" is simply a lump sum figure apportioned to each city on the basis of the 1982 assessment roll. r The millage rebate figures relate to those cities without traffic engineering agreements. In 1983 the County funded traffic engineering in the General Fund and supported the expense, in part, with ad valorem taxes. The County has agreed to rebate to those cities without a traffic engineering agreement its proportional share of the ad valorem taxes used by the County to support traffic engineering. Finally, I am also enclosing a suggested allocation of expenses incurred in this litigation. Each city that has participated, I believe, agreed to participate on a basis of expenses totalling $20,000.00. Sane cities have paid their proportional share to the City of Coral Springs, others have not. Expenses, of course, have exceeded $20,000.00, and the City of Coral Springs has simply picked up the expenses as they have occurred. June 30th, 1983. Page Two The City of Coral Springs Administration has prepared a proposed allocation of expenses based upon the dollars each city would receive if the settlement offer is accepted. The attached exhibit lists all expenses incurred through June 30th, 1983, indicating attorney's fees, transcripts of depositions, court costs and expert witness fees. In this latter regard we retained not only Kelton and Associates, but also Peat, Marwick, Mitchell and Company. If your City accepts this settlement offer, I would appreciate it if you would also see that they also consider a motion to pay its proportionate share of expenses actually expended on a basis of settlement dollars received. These monies would be payable directly to the City of Coral Springs. I would be happy to discuss any issues with you relative to this case. Please, however, see that your city considers this matter in a timely fashion. Sincerely yours, a� M >Paul J. McDonough PJM:pm Enc. IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. CASE NO. 82-19933 CA CITY OF CORAL SPRINGS, et al. ) ) Plaintiffs, ) ) VS. ) BROWARD COUNTY, political subdivision ) Of the State of Florida ) ) Defendant, ) ) SETTLEMENT OFFER BROWARD COUNTY agrees, in resolution of the existent litigation, to pay the following monies to the Plaintiff municipalities within thirty (30) days of acceptance of said settlement proposal by said municipalities. ODUNTY's settlement offer, however, is contingent upon each municipal Plaintiff accepting said offer on or before July 8th, 1983. I - ROAD AND BRIDGE CITY AMOUNT COCONUT CREEK 17,648.63 CORAL SPRINGS 72,365.78 w DANIA l9,938.60 DAVIE 38,480.70 DEERFIELD BEACH 67,764.45 FORT LAUDERDALE 345,975.75 y " HALLANDALE 76,679.25 HILLSBORO BEACH 10,488.00 HOLLYWOOD 180,519.00 LAUDERDALE-BY-THE-SEA 12,421.72 LAUDERDALE LAKES 30,130.20 LIGETIHOUSE POINT 29,349.30 MARGATE 42,094.50 NORTH LAUDERDALE 14,157.37 OAKLAND PARK 43,073.48 PEMBROKE PARK 8,180.92 PEMBROKE PINES 49,216.65 ROAD AND BRIDGE (Continued) 7-1 i I PLANTATION 100,572.22 3 POMPANO BEACH 147,295.12 SUNRISE 53,628.45 { TAMARAC 50,301.08 WILTON MANORS ' 14,718.83 TOTAL: 1,425,000.00 i' II - MILLAGE REBATE i CITY AMOUNT f i CORAL SPRINGS 95,271.38 HILLSBORO BEACH 13,808.01 '.� POMPANO BEACH 193,920.61 TOTAL: 303,000.00 In accepting said settlement each municipal Plaintiff shall agree to dismiss with prejudice the following described litigation: In the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. City of Coral i Springs, et al. Plaintiffs, vs. Broward County, Defendant. Case No. 82-19933 CA, i and to execute a General Release releasing Broward County from all liability 1 relative to the payment of road and bridge ad valorem taxes for fiscal years 1979 through 1983 and any millage rebate for funding traffic engineering in the General Fund for fiscal years 1982 and 1983. HARRY A. STEWART Attorney for Defendant Room 248, County Courthouse 201 S.E. 6th Street Fort Lauderdale, Florida 33301. Tel: (305) 775-5105 By: HARRY A. STEWART General Counsel J , COSTS INCURRED BY THE CITY OF CORAL SPRINGS PERTAINING TO ROAD & BRIDGE TAX LITIGATION Total Expendure its Less Net Amount � To be Allocated Credit Due to Participating Coral Springs Cities Coconut Creek $ 763.47 210.00 553.47 Coral Springs 7,251.92 7,251..92 ' 862.54 264.00 598.54 Dania 1,664.66 498.00 1,166.66 Davie - Deerfield Beach 2,931.47 2,931.47 Fort Lauderdale 19,966.80 - 14,966.80 Hallandale 3,317.12 980.00 2,337.12 Hillsboro Beach 1,051.04 136.00 915.04 Hollywood 7,809.19 2,406.00 5,403.19 6 170.00 367.36 537.3 Lauderdale-By-Sea �.� Lauderdale Lakes 1,303.42 - 1,303.42 Lighthouse Point 1,269.64 352.00 917.64 Margate 1,821.00 540.00 1,281.00 I 612.44 924.44 No. Lauderdale 188.00 i Oakland Park 1,863.34 576.00 1,287.34 Pembroke Park 353.90 108.00 245.90 - � Pembroke Pines 2,129.10 2,129.10 Plantation 4,350.72 1,324.00 3,026.72 S pertpano Beach 14,760.87 1,882.00 12,878.87 a 2,319.95 698.00 1,621.95 sunrise j Tamarac 2,176.01 654.00 1,522.01 Wilton Manor 636.73 194.00 442.73 i Total 18,431.92 56,320.77 $ 74,752.69