Reso 2011-1745 - Laserfiche WebLink

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RESOLUTION NO. 2011-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING A SETTLEMENT IN THE CASE STYLED "RODRIGUEZ, ET AL. V. CITY OF SUNNY ISLES BEACH, ET AL. CASE NO. 10-35197 CA-30", REGARDING THE RED LIGHT CAMERA PROGRAM; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach operated its own red light camera program pursuant to a Red-Light Camera Ordinance adopted prior to the state law change in 2010.; and WHEREAS, on or about June 23. 20 I O. the City and its vendor American Traffic Solutions ("A TS") were sued challenging the City's ability to implement a red light camera program; and WHEREAS, at about the same time or before the City was sued, several other local governments that established an ordinance-based red light camera program prior to July I, 2010, were also sued based on the same nature of claims; and WHEREAS, some of those cases have proceeded to trial with mixed results, and the case involving the City of A ventura is pending on appeal before the Third District Court of Appeal; and WHEREAS, A TS is the same vendor in all of these cases; and WHEREAS, A TS directly negotiated with plaintiffs' counsel in all of the pending cases involving A TS and came to an agreement on a concept for resolving each of the cases; and WHEREAS, although the City's case in the case styled "Rodriguez. et a/. v. Cit). o.fSunny Isles Beach. et al. Case No. 10-35/97 CA -30" has not progressed to class cel1itication or trial, the City of Sunny Isles Beach is being offered the same terms for resolving its case; and WHEREAS, pursuant to the attached Settlement proposal, the City and A TS will agree - for settlement purposes only - to a class cet1ification with neither the City nor A TS admitting any liability or wrong-doing; and WHEREAS, The City Attorney's Office and other local government attorneys have reviewed the proposal, and believe it is in the best interest of the City to reach a settlement; and WHEREAS, a settlement would conclude the matter without a court declaration, avoid additional costs of litigation, avoid the risk that in the event of an unfavorable result all of the funds could be subject to refund, permit the City to count the ordinance-based program revenue as revenue to the City and permit the City to wrap up the ordinance-based program.