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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney3A_ DATE: October 12, 2023 RE: City Commission Meeting — October 12, 2023 Proposed Settlement — 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 File No.: 14610 The proposed Resolution seeks authorization for the settlement of the pending putative class action lawsuit filed by RT&S INVESTMENT GROUP, LLC, a Florida limited liability company, in its own right and on behalf of all persons similarly situated against 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. The Office of the City Attorney has investigated and evaluated this case and has approved the recommendation of this settlement. Funds for the settlement will be paid from Account No. 00001.980000.531010.0.0. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/LKW City of Miami Legislation Resolution Enactment Number: R-23-0464 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; 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 Attorjiey ) 10/2/2023 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 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.