HomeMy WebLinkAbout2024-110-2184_-_Settlement_with_North_Miami_Beach_-_Adopted.docxRESOLUTION NO. 2024-110-2184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY TO EXECUTE THAT
CERTAIN SETTLEMENT AGREEMENT ATTACHED HERETO
AS EXHIBIT “A” BETWEEN THE CITY OF MIAMI GARDENS AS
CLASS PLAINTIFF AND THE CITY OF NORTH MIAMI BEACH
RELATING TO THAT CERTAIN CLASS ACTION CASE NO.: 18-
042450-CA-01; AND FURTHER AUTHORIZES THE CITY
MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL
STEPS NECESSARY TO EFFECTUATE THE SETTLEMENT;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On December 21, 2018, the City of Miami Gardens filed a Class
Action lawsuit in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida
against the City of North Miami Beach, and
WHEREAS, the basis of the Class Action Lawsuit was that the City of North Miami
Beach had improperly charged property owners in the City for a 25% surcharge and that
from the period of May 22, 2017 to February 6, 2021 when the City of North Miami Beach
had transferred operations and management of its water utility to a private party, the City
of North Miami Beach did not have the legal authority to collect the 25% surcharge, and
WHEREAS, the City of Miami Gardens which is the Class Plaintiff, on behalf of
itself and the other Class Members, have asserted claims against the Defendant which
seek substantial damages; and the City of North Miami Beach Defendant denies liability
for those claims, and
WHEREAS, after numerous attempts at resolution of the issues in the lawsuit and
in an effort to avoid the expense and uncertainties of further litigation, subject to Court
approval it is being recommended that the parties enter into the attached Settlement
Agreement, and
WHEREAS, the total settlement amount is Nine Million Dollars ($9,000,000.00),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Manager and City Attorney to execute that certain Settlement
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Resolution 2024-110-2184
Agreement attached hereto as Exhibit “A”, and further authorizes the City Manager and
City Attorney to take any and all steps necessary to effectuate the Settlement.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON JULY 10, 2024.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA DICKENS, CITY ATTORNEY
Moved by: Councilman Leon
Seconded by: Councilwoman Julien
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
Councilwoman Stephens, III Absent
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