HomeMy WebLinkAboutR-23-0464City of Miami
Resolution R-23-0464
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14610 Final Action Date: 10/12/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, AND EXECUTE
ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND AUTHORIZING THE DIRECTOR OF FINANCE TO
MAKE PAYMENTS PURSUANT TO THE SETTLEMENT AGREEMENT,
WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL
CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY")
AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED
RT&S INVESTMENT GROUP, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, IN ITS OWN RIGHT AND ON BEHALF OF ALL PERSONS
SIMILARLY SITUATED V. THE CITY OF MIAMI, PENDING IN THE CIRCUIT
COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 14-32239 CA 27; ALLOCATING FUNDS FROM
ACCOUNT NO. 00001.980000.531010.0.0.
WHEREAS, RT&S Investment Group, LLC, a Florida limited liability company, in its own
right and on behalf of all persons similarly situated and the City of Miami ("City") are engaged in
a putative class action in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No.: 14-32239 CA 27 concerning the legality of the City's Solid Waste
Surcharge (the "Litigation"); and
WHEREAS, the Litigation challenges the legality of the Solid Waste Surcharge and
seeks, inter alia, a refund of Solid Waste Surcharge payments made from December 23, 2010
to the date of a court order granting class certification; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that said claims and the Litigation be settled, without admission of
liability, in accordance with a settlement agreement; and
WHEREAS, the terms of the settlement agreement include but are not limited to (i) the
City paying a total maximum sum of $4,500,000 which shall go to a Common Fund and shall be
used exclusively by the Administrator for valid class claims and administrative costs, with any
unclaimed funds to be returned to the City; (ii) the City separately paying Class counsel's
attorneys' fees and costs in an amount to be determined by the Court, which could be a lower
amount, however such amount shall not exceed $1,500,000; and (iii) presenting for the
consideration and approval of the City Commission for the City of Miami at future public
meeting(s), a proposed ordinance amending Section 10-4(b)(2)(c) of the Code of the City of
Miami, Florida to provide a refund procedure for building permit solid waste surcharges;
City of Miami Page 1 of 2 File ID: 14610 (Revision:) Printed On: 10/24/2023
File ID: 14610 Enactment Number: R-23-0464
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized' to enter into the settlement agreement, and
execute any and all necessary documents, in a form acceptable to the City Attorney, to
effectuate the settlement.
Section 3. The Director of Finance is authorized' to make payments pursuant to the
settlement agreement, without admission of liability, (i) for the total maximum sum of $4,500,000
which shall go to a Common Fund and shall be used exclusively by the Administrator for valid
class claims and administrative costs, with any unclaimed funds to be returned to the City and
(ii) separately paying Class counsel's attorneys' fees and costs in an amount to be determined
by the Court, which could be a lower amount, however such amount shall not exceed
$1,500,000, all in full and complete settlement of any and all claims and demands, including all
claims for attorneys' fees, against the City and its officers, agents, and employees, in the case
styled RT&S Investment Group, LLC, a Florida limited liability company, in its own right and on
behalf of all persons similarly situated v. The City of Miami, in the Circuit Court for the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 14-32239 CA 27.
Section 4. Funds to be allocated from Account No. 00001.980000.531010.0.0.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 10/2/2023
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 14610 (Revision:) Printed on: 10/24/2023