AGENDA ITEM REPORT
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A RESOLUTION AUTHORIZING THE SETTLEMENT OF THE LITIGATION TITLED CITY OF SUNRISE, ET.AL. VS. BROWARD COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT WITH BROWARD COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT PROCEEDS DISTRIBUTION AGREEMENT WITH THE SETTLING MUNICIPALITIES.
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BACKGROUND:
The City of Coconut Creek (the "City") was a party to the November 1986 Interlocal Agreement with Broward County (the "County") for Solid Waste Disposal Service, as amended (the "Interlocal Agreement"); and the Interlocal Agreement expired on July 2, 2013. Section 15.2 of the Interlocal Agreement provided for the equitable distribution of the assets and liabilities of the District to the participating governmental entities and the County upon the expiration of the Interlocal Agreement. The participating governmental entities and the County disagreed as to the identification and distribution of the assets and liabilities of the District.
The City, together with seventeen (17) other participating governmental entities, are plaintiffs (the "Plaintiff Municipalities") in the litigation titled City of Sunrise et. al. v Broward County, 17th Judicial Circuit Court Case No. CACE-013-015660 (the "Litigation"), which seeks a declaration regarding the assets and liabilities subject to equitable distribution. On January 17, 2014, the parties to the Litigation held a joint public meeting of elected officials pursuant to Chapter 164, Fla. Stat., and agreed to proceed with mediation. The Plaintiff Municipalities and the County have negotiated a Settlement Agreement to settle the Litigation under the terms and conditions set forth in the Settlement Agreement.
DISCUSSION:
The City is committed to resolving the differences it has with Broward County by entering into a Settlement Agreement which provides for the County to make certain payments into a trust account designated by the Plaintiff Municipalities (the "Trus...
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