HomeMy WebLinkAboutR-2024-142 Dania Beach Tolling Reso for Dania Beach v. HollywoodRESoLUTION NO.2o24-aL
A RESOLUTION OF THE CITY COMMISSION 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 COI,JNTY CIRCUIT COURT CASE STYLED
CITY OF PEMBROKI PINES v. CITY OF HOLLYWOOD; AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE A TOLLTNG AGRIEMENT
TO PRESERVE THE CITY'S STATUTE OF LIMITATIONS CLAIM DURING
THE PENDING APPEALS BY THE CITY OF PEMBROKE PINES AND THE
CITY OF HOLLYWOOD; PROVIDING FOR CONFLICTS; FURTHER,
PRO\'IDING FOR AN EFFECTIVE DATE
WHEREAS, the city of Holly,wood, Florida provides wastewater services to several
..large users," inctuding the cities of Dania Beach, Pembroke Pines ("Pines"), Hallandale Beach,
and Miramar, as well as Broward County, pursuant to agreements that were negotiated and have
been in place since 1990, called the "large user wastewater agreements"; and
WHEREAS, Pines later sued Hollylvood (the city of Pembroke Pines v. the City of
Hotlynvood) in three different actions, consolidated in Broward Circuit Court Case Number CACE
l8-015330, asserting among other things that Hollywood improperly calculated sewer rates due
by Pines under the LUA; and
WHEREAS, trial of all issues was concluded in December 2022, resulting in the court's
issuance ofFindings ofFact and Conclusions oflaw ("Final Order") on August 17,2023, finding
that Hollywood had breached the LUA by overcharging Pembroke Pines("Pines Litigation"); and
WHEREAS, both Holll'wood and Pines appealed the Final order against them, and that
appeal remains pending; and
WHEREAS, Dania Beach did not join with Pines as a party to the Pines Litigation.
although the LUA terms in dispute in the Pines Litigation and on appeal are identical to those in
the Dania Beach LUA; and
WHEREAS, on July 26, 2O24, demand was made by Dania Beach's City Manager that
the parties commence Chapter 164 dispute resolution proceedings as to the same issues that were
raised in the Pines litigation; and
WHEREAS, on August 20, 2024, rhe Cily Managers, city Attomeys and outside counsel,
as well as relevant staff met at the Dania Beach City Hall to commence discussions as to Dania
Beach's claims; and
WHEREAS, early in those discussions, it was determined that' in an effort to reduce
ongoingattomey,sfeesandcoststhatwillbeincurredintheChapter164processandany
resultant lawsuit, it would be preferable to both parties that an agreement be made to toll the time
period for Dania Beach to bring an action against Holll'rvood and to toll the time period for
continuation ofthe deadlines associated with the Chapter 164 process and resultant suit until after
the current appeals of the Final Order have been finalized; and
wllEREAS,DaniaBeachhasrequestedthatHollywoodagreetotollthestatuteof
limitations for Dania Beach to bring action against Hollywood based upon the same facts as
litigated in the Pines Litigation; and
WHEREAS, the pertinent date under which Dania Beach may seek damages has now been
established as July 26, 2019, and regardless of whether tolling occurs oI not, that is the date that
will apply to the matters going forward; and
WHEREAS,shouldHolll'lvoodnotagleetotollthelimitationsperiodasrequestedby
Dania Beach, then Dania Beach will be required to sue Hollywood and assert its claims based
upon the facts and circumstances ofthe negotiated large user wastewater agreements as applied
to Dania Beach, which may unnecessarily cause both cities to expend litigation fees and costs that
may be obviated, in whole or in par1, by a final decision on the appeals; and
WHEREAS, on September 18, 2024, the Mayor and City Commission of the City of
Holll,rvood agreed to the city's request to tolling the city of Dania Beach's claim back to July
26,2019; and
WHEREAS, the city Attomey requests that the city of Dania Beach authorize the
appropriate officers of the city to execute the tolling agreement, which would allow the parties
to wait for the final decision ofthe appellate court in the Pines litigation, and then allow the City
to proceed with any possible claims while recognizing the City's tolled rights'
Now,TIIEREFoRE,BEITRESoLVEDBYTIIECITYCoMMISSIONoFTIIE
CITY OF DANIA BEACH, FLORIDA:
Section l. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part ofand incorporated into this Resolution by this reference'
Section 2. That the city commission of the city of Dania Beach authorizes the proper
city officials to execute the tolling agreement between the city of Dania Beach and the city of
Hollywood, which would toll the City's limitations period (preserve the City's rights) back to July
2 RESOLUTION #20 24.14L
26,z}lg,and all claims thereafter, as it relates to the substance of the Pines Litigation ((the City
of Pembrokc Pines v. the city of Holll.wood, Broward consolidated circuit court case Number
CACE 18-015330).
section 3. That the city clerk ofthe city of Dania Beach is directed to send copies of
this Resolution to the Ciry of Hollpvood.
section 4. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 5. That this Resolution shall be e{fective immediately
PASSED AND ADOPTED ON
Motion by N\)a
FINAL VOTE ON ADOPTION:Uo*;^our\/
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
ATTEST:
second by
1
ELORA C
CITY CLERK
APPROVED AS TO FORM AND CO
E o SIS
RNEY
RY IVARCHIB
MAYOR
C
RES.LUTT.N#20 24-147
,g' "{\Yry zq.2024.
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