HomeMy WebLinkAboutR-2009-048 Initiating and proceeding with the Florida government pertaining to the construction by Broward County Runway Expansion.RESOLUTION NO. 2009-048
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, INITIATING
AND PROCEEDING WITH THE FLORIDA GOVERNMENT AND
CONFLICT RESOLUTION ACT (SECTIONS 164.101-164.1061, FLORIDA
STATUTES), PERTAINING TO THE CONSTRUCTION BY BROWARD
COUNTY OF THE PROPOSED EXPANSION OF RUNWAY 9R/27L AT THE
FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT AND
THE PROPOSED BROWARD COUNTY NOISE MITIGATION PILOT
PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Broward County seeks to expand the Ft. Lauderdale-Hollywood
International Airport ("Airport") through a major extension of Runway 9R-27L, construction
of additional taxiways, expansion of terminal and gate facilities, and construction of other
facilities at the Airport; and
WHEREAS, the Broward County Airport expansion plan will cause serious long-term
adverse effects on the City of Dania Beach and its residents; and
WHEREAS, the City of Dania Beach entered into an Interlocal Agreement with
Broward County in 1995 which provided (among other things) that Broward County would
only proceed with the construction of the proposed extension of Runway 9R-27L if the Federal
Aviation Administration indicated that it did not object to the implementation of operational
restrictions intended to reduce noise impacts on Dania Beach residents; and
WHEREAS, the Federal Aviation Administration issued a Record of Decision dated
December 19, 2008, which authorized Broward County to move forward with the Airport
expansion plan without the operational restrictions identified in the Interlocal Agreement; and
WHEREAS, the 1995 Interlocal Agreement between Broward County and the City of
Dania Beach provides for cooperation and consultation between Broward County and the City
of Dania Beach with respect to appropriate noise mitigation measures to be undertaken with
respect to the future operation of an expanded runway 9R/27L; and
WHEREAS, Broward County has indicated an intent to proceed with a noise
mitigation pilot program, including contacting prospective participants to persuade them sign
aviation easements in favor of Broward County, without following the consultative procedures
set forth in the Interlocal Agreement; and
WHEREAS, the Florida Governmental Conflict Resolution Act, Sections 164.101-
164.1061, Florida Statutes, provides a mechanism for the resolution for disputes between or
among governmental entities prior to the initiation of litigation; and
WHEREAS,the City of Dania Beach desires to take appropriate steps to try to resolve
this dispute with Broward County over the provisions of the Interlocal Agreement without
litigation and the costs associated therewith and believes that the participation of government
officials and concerned citizens in such dispute resolution process would be desirable;
NOW, THEREFORE, the Dania Beach City Commission authorizes the City
Attorney, working with outside legal counsel, to take appropriate steps to initiate and proceed
with the conflict resolution procedure in the Florida Governmental Conflict Resolution Act and
to identify which, if any, local governmental entities other than Broward County may have
substantial interests that may be affected by resolution of the conflict or whose participation in
the conflict resolution process would be desirable, or both.
The Dania Beach City Commission further finds that the specific issues with which it
has a conflict with Broward County are the following:
Section 1. Whether Broward County may proceed with the construction of the
proposed expansion of runway 9R/27L despite the Federal Aviation Administration's stated
refusal to comply with the operational restrictions set forth at Section 3.13. of the Interlocal
Agreement in light of the language of Section 3.C. of the Interlocal Agreement, which states
that the County agrees to "[n]ot proceed with the construction of the proposed runway
expansion unless the restrictions described above [in Section 3.C.] are submitted to the Federal
Aviation Administration ("FAA"), and the FAA has responded indicating that it did not object
to the restrictions"; and
Section 2. Whether the proposed noise mitigation pilot program, including, but not
limited to, its requirement for participants to agree to a particular avigation easement, is subject
to the procedures set forth at Section 4.C. of the Interlocal Agreement.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on March 24, 2009.
PASSED AND RE-ADOPTED on May 12, 2009.
EST: ,
LOUISE STILSON, CMC ANNE CASTRO
CITY CLERK MAYOR-COMMISSIONER
APPROVED AS T O AND COS r
S:
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THO AS J.
CITY ATTMNEY
2 RESOLUTION 42009-048