Loading...
HomeMy WebLinkAboutR-1994-064RESOLUTION NO.64-94 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BET\/EEN: Clry OF HOLLWVOOD, FLORIDA, CITY OF FORT LAUDERDALE, FLORIDA, CIry OF DANIA, FLORIDA, AND BROWARD COUNTY, FLORIDA, RELATING TO JURISDICTIONAL MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CIry OF DANIA, FLORIDA; Section 1. That that certain lnterlocal Agreement Pursuant to Chapter 163, Florida Statutes, Between: City of Hollywood, Florida, City of Fort Lauderdale, Florida, City of Dania, Florida, and Broward County, Florida, relating To jurisdictional a copy of which is attached hereto and made a part hereof as Exhibit 'A", be and the same is hereby approved and the appropriate city officials are hereby directed to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. ofA it ,1994. r - Comm er ATTEST: City Clerk - Auditor APPROVED AS TO FORM & CORRECTNESS ev, 4".*L C. /L.l/u4-.'' Frank C. Adler, City Attorney Resolution No.64-94 PASSED and ADOPTED on this 2 6t h day F rNN. 4127 /94 I NTERLOCAL BETWEEN : FLORIDA, AGREEMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATI.EES, CITY OF HOLLYWOOD, FLORIDA, CITY OF FORT I,AUDERDAI,E, CITY OF DANIA, FLORIDA, AND BROWARD COUNTY, FIORIDA This AGREEMENT nade and entered i.nto this day of I L994, by and between the City of HoL l)rwood, a nGIEfpa-i=orpotration of the state of Florida, hereinaf ter referred to as 'rHo1l-yr,rood, " and the city of Fort Lauderdale, a nunicipal corporation of the state of Florida, hereinafter referred to as 'rFo;t Lauderdale,rr and the City of Dania, a municipal corporation of the state of Ftorida, hereinafter referred to as rrDania,n and Brolrard County, a political subdivision of the State of Florida, hereinafter referred to as rrCounty.rl SET WHEREAS, the Port Everglades District government created by special act of theexisted since 1927 and has acted as the Broward county since said tine; and is a special districtLegislature, which hasPort Authority within WHEREAS, since l-959 the Port Everglades Authority has acted as the government for the Port jurisdictional area as provided for in Chapter ag-427 of the Laws of the State of Florida; and WHEREAS, the Port jurisdictional area encompasses portions of the incorporated municipalities of HollyvJood, Fort Lauderdal'e, and Dania within Bro!,rard county, Florida; and WHEREAS, Chapter 89-427, of the Laws of the State of Florida, provided that the powers of the Port Everglades Authority, when in Lonflict with the rnunicipal powers within the Port jurisdictional area, would supersede said rnunicipal powers in certain circumstances; and WHEREAS, the Legislature of the State of Florida passed Chapter gL-346 of the Laws of the State of Florida which transfers the Port Everglades District to the charter government of Broward county, Florida; and WHEREAS, Bro$rard County interprets Chapter 9L-346 of the Laws of the state of Florida to grant it, as the successor of the Port Everglades Authority, the ful1 powers that the Port Everglades Authority had within the Port jurisdictional area; and WHEREAS, the cities of Hollywood, Fort Lauderdale, and Dania are assured that they have within the Port jurisdictional area the fuII poe/ers of municipal home rule as provided for under Article EXHIBIT "A" 1.1 The purpose of this Interlocal Agreement is to coordinate and designate the exercise of authority and responsibility of the resp6ctive parties regarding the providing of governnental services to properties in which the cities and county share concurrent jurisdiction. It is the intent of the Parties hereto -that the 6xercise of concurrent jurisdiction within their respective areas of control shall be governed by and interpreted to be consistent $/ith the terns of thil agreement and are not intended to irnpair or lirnit any of the Cities' rrhome ruletr powers pursuant to chapter L66, Florida statutes. -2- vIfI, Section 2 of the Florida constitution, and chapter 166 of the Florida Statutes; and WHEREAS, all parties believe it is of the utrnost importance to the citizens of each municipality and of Broward county as a who1e, to ensure the continued existence of Port Everglades as an asset for all the parties; and WHEREAS, Bro$/ard County wishes to provide services to the Port contractually pursuant to its power, as provided in Chapters 89-427 and 91-346 of the Laws of the State of Ftorida, to the extent of this Agreement r' and WHEREAS, the municipalities of Ho1Iylrood, Fort Lauderdale, and Dania wish to provide contractual services to the extent of this Agreement purs-uant to, and in recognition of, their home rule p5w".s as provided in Article vIII, Sectj.on 2 of the Florida-constituti,on and chapter 165 of the Florida Statutes and their respective municipaf charters; and WHEREAS, the parties hereto are desirous of entering into an Interlocal Agreenent in order to address issues of concurrentjurisdiction ind to eliminate any conflicts between the parties and ior the parties to effectivety ana efficiently cont j'nue to provide municipal services to the Port Jurisdictional Area; and WHEREAS, the parties hereto recognize that the Authority, pursuant to chaptei 9L-346, Laws of Florida, is scheduled to be &issolved on November 22, 1994, and to have its governmental functions transferred to Broward county Governmentr' and WHEREAS, each party acknowledges that the other may have a different interpretation as to the meaning and effect of chapter 9!-346, Laws of Florida, and that by execution of this agreenent no rights of any party are waived except as Inay be specifically provided by this agreement, Now, THEREFoRE, IN CONSfDERATIoN of the promises and mutuaf covenants hereinafter contained, the parties hereto agree as follows: ARTICLE I: PURPOSE ncu ur 1s That certain ProPerty lying also lying $/ithin the Portwithin a nuniciPal boundary and Jurisdictional Area. t Juri sdictional Area:That certain real Property L.2 Each party to this Agreement acknowledges that it believes it has certain rilhts, privileges, and powers pursuant to.chaPter 91- 346, Laws of f l,-orida. accordingty, the execution of this Agreement by each party shall not be construed as a waiver of any rights *i.i"f, it'u"lieves it may have in accordance vith law or equity, except that no partf to this agreement shaIl initiate, supplrt, intervene oi otierwise prosecute any action or proceeding ,iriln ii inconsistent with, or contrary to the terms and conditions of this agreenent so long as this agreement remains in effect' ARTICLE II: DEFINITIONS For purposes of this Interlocal Agreement, the following terms shalt havl tie rneanings ascribed to therein: B. Porencompassing areas withi n the municiPat boundaries of Hollywood, Fort Lauderda Ie ,Dania, and unincorPorated Broward County, which together comP rj,ses the seaPort known as rrPort Everg ladesrrand which ProPerty and inprovements the Port Everg Iades Authority has jurisdicti on over pursuant to the Charter of Port Everglades,wh ich property is nore particularly described as the Port jurisdictional area in Chapter 89-427,Iorida, as arnended, or as subsequently amended by Leg j.slative Act. D TIC PO 3.1 LAW ENFORCEM ENT SERVICE 3.1.1Authority,Sheriff's county, as successor to the Port intends to continue to contract lrith office (BSo) for basj.c and prirnary Iaw Unincorporated Area: That certain property lying within the ilGA-E;-f uni.rcorporated Bror'/ard county \''hich is arso located within the jurisdictional boundaries of the Port Jurisdictional Area. Laws of F s RE SPON IT DOB ION Everg Iade sthe Bro\./ard enforcement In order to ensure the orderly, efficient, and lawful operation of eort rvergrades, the county will ne required to maj-ntain continuous ind unint-errupted taw enfbrcement and security to safeguard the p"i=on= and froperty at Port Everglades. The part-ies to this iq.""rn""t rectgnize inat tne cities and the county $/i11 each have ;;;a;i" resporisibi I ities with regard to their obligations to provide and perforn certain law enforcement services' It is the I;4";a "i tn" parties to establish by this Agreement the basic respons ibi l ities of the parties as follows: -3- services ln substantially the manner described in the contract between Port Everglades and Sheriff attached hereto at no cost to the Cities. the cities consent to and acknowledgTe this arrangement and wilt use their best efforts to cooperate and work with Bso in a manner that will allow Bso to fulIy PerforE its contract lrith the Port. The parties further recognize and agree that nothing herein is intended to dirninish or take away aiy Iaw enforcenent powers the cities - may have pursuant to tai, and the parties agree that the cities of Holl)rwood, Fort Lauderdale, ind paniJ sha11 continue to have full police powers witnin their respective nunicipal jurisdictions' 3.t.2 In the event County. as successor to the Port Everglades Authority, requires law enforcement personnel for a ttS-pecial Event, rr- lwhich is def ined. to nean a planned, schedluled or knovrn event occurring within the Port Everglades Jurisdictional Area which requires increased lavJ enforcement, traffic or security services) , the following protocol shall be observed ; (i) The county shall require the sponsor.of the special, rvLnt to provide Bso or the city Iaw enforcement agency, as the case may be, reasonable notice of the need for law enforcenent personnel. The sponsor of the Special Event shal.L further be required to pay the law enforcenent agency aII reasonable costs for the services rendered in accordance with the established policy of that Ia$' enforcement agency. 3.1.3 In the event county requires law enforcement services for an lEmergency Eventrr (which is defined to nean a deterrnination made by BSo or any other law enforcement agency having jurisdiction over a matter, of the occurrence of a civil-disturbance, act of God, criminal matter, or any other urgent or emergency conditj'on vrhich threatens persons or pr6perty and which exceeds the capability of the primary. law Lnftrcement agency) , the Cities shall agree to use their best efforts to nake their law enforcement agencies available totrback-up,rr support, and cooperate with the primary law enforcement agency. 3.2 F IRE PROTECTrON SERVI cEs port Everglades Authority currently maintains a fire department within th6 port Jurisdiational Area which includes specialized "q"ip^""t and trained personnel to fight petroleum and vessel fires as welr as cornbat p-o1lutant spills and perforrn related fire inspections. The parties acknowledge that County, as successor to ih.'po.t Evergladel Authorj.ty, sha11, through the Port-based fire- fighting service, have primary incident cornmand responsibility over petroleum-based fires and shipboard fires wherever located within-tfre port Jurisdictional Arei. The cities shaIl have prinary i-ncident command over structura 1-based fires and hazardous materials incidents (not to include petro Ieu!o-based incidents) tocated within the port Jurisdictional Area within their City. The party responsible for having prinary incident command of any iarticufar situation shall consult with and aIl-ow the presence of'the county or city, as the case may be, in the command center' The cities may perform fire inspections within the Port Jurisdictional arei within their city and nay charge reasonable fees in accordance with city ordinances for fire inspection =ervices, except that the cities shalL not charge any.fee for fire inspections male to any fuel or tank farm or any facil ity,which has itre' potential of cre;ting a severe -petroleum-based fire' The coun€y, as successor to thL Port Everglades Authority, may perforro fire inspectj,ons within the Port Jurisdictional Area and nay charge i""=""iri" fees, in accordance with law, only for fire inspections for fuel or tank farms or any facility which has the potential of-reating a severe petroleum-Lased fire. It is the intent of this section to have the cities assune the primary responsibility (and charge fees) for performing fire inspections for buildings and =t.r6tr..= within their re!pective municipatities and for the county, as successor to the Port Everglades Authority, to.have the ;;i;;;y ieiponsirility (and. charge fees) for performinsr fire'ir,=p""tio.,= to those ?acilities where risk of a petrol'eum-based firL is present (e.g. fuel and tank farms) ' Nothing herein is intended to abrogate or be inconsistent with any existiig or future mutual aid agreernent executed among the parties i"iiti"6r to intergovernmenta I cooperation for assisting each other ,iin ii." proteclion services. The parties further aqree to cooperate aird cornrnunicate with each other to enhance the delivery "i-T1r. protection services and to schedule interdepartrnental drill-s when necessary and to take their best efforts to naintain the current Port Everglades Iso rating. 3 3 EME ENCY MED ICAL SERV]CES Authority currently provides housing for county EMS personnel at e"rt eveigf.ades wh-ich is part of a zone which includes the Port ,lurisdictional Area. The Port Everglades Authority, through its fire department, generally provides the first response to a request i"i eMS services -within LnL port Everglades ,lurisdictional Area. Co""tV is responsible for providj-ng basic EMs services and advanced ).ife iupport EI,IS services ,itnin the Port Everglades Jurisdictional Area. 'iollywood agrees that it shalI continue to provide E'ts iervic" and Lontinui to include within its EMS zone John U. Lloyd State Park. intended to abrogate or be inconsistent $,ith any mutual aid agreement executed among the partiesNothing herein ispresent or future -5- relating to intergovernmenta I cooperation for assisting each other with EMS. 3.4 l^IATER AND SEWER S VT CE (i) (ii) (iii) The parties hereto recognize that at present there is sewei service available within the Port Jurisdictional Area to the devetoped portions of property lying in the areas of concurrent jurisdiction, pursuant to that certain Large User waste water Agreement between Fort Lauderdale and the Port Everglades Authority, dated February 2L, 1979, incorporated herein by reference' The parties hereto tecognize that at present there is potaile r,rater service available within the developed'areas of Port Everglades, pursuant to that certain Large User Agreement between the Port Everglades Authority and Fort Liuderdale, dated January 16, 1973, incorporated herein by reference. The parties hereto acknowledge that .the sanitary ser'rer .e..ric" and potable water service being provided by the city of Fort iauderdale encompasses areas within the City of Hollywood's rnunicipal Iimits within the Port ,lurisdic€iona1 Area. During the terrn of this Agreement, the parties hereto agree to acknowledge and recognize the agre'ernents described in Sections 3.4(i) and (ii) as valid uia binding agreements. The city of Ho11)Mood's recognition-of €he validity of these agreements shal1 in no ,iy affect the city of Holl)r1.,ood's right to provide such iater and sewer sLrvices, pursuant to its home rule por^rers, in the future to those areas within the City of i{ollywood's municipal boundaries upon the expiration or term-ination of the agreements referenced in sections 3.4(i) and (ii) above. For aII new water and sewer services required within the city of Holl)n^'ood's rnunicipaJ. boindaries which are not included within the agreemlnts referenced in Section 3.4(i) and (ii) above, oi f ollot,ring the expiration or termination of said agreements, [.ne city of Hollywood shall have the right of first refusal, to provide water and/or sewer services pii"r to the aity of rort Lauderdale providing same. in iccordance with the agreements above referenced' The city of HoIIywood must exercise its right of first refusal no later lhan one year prior to the expiration - or termination of the agreements referenced in Sections 3.4(i) and (ii) above ind there shal1 be no interruption or 'unavailability of service- should the city of HollyvJood exercise its right of first refusal, it must p.orrid. rates which are competitive wi'th the cost of'service if purchased frorn the city of Fort Lauderdale, and will be permitted to use the existing service Iines, -6- 3 under the same terms, as are currently being used by the ci.ty of Fort Lauderdale. 5 MAINTENANCE, SIGNAGE, AND DREDGING (i) Maintenance of dedicated roadi"rays located within the Port Everglades Jurisdictional Area shall be by Broward county . (ii) county, as successor to the Port Everglades Authority,' shal1-continue to be responsible for street sweeping and shaIl coordinate street regulatory signaqe and strj'ping throughout the Port Jurisdictional Area. (iii) county consents, as successor to the Port Everglades Authoiity, to the cj.tj'es posting welcome signs at Port Evergladls within the Iimits of their municipal bouniaries. Said signage will be placed at city's expense, by City's design, and sha11 include county Iogos. such signage shall' be done in a uniform and coordinated nanner. ( iv) (v) The parties hereto agree that county, as successor to thepori Everglades Authority, shall continue to have exclusive jurisdiction and provide, at its expense, maintenance- and dredging of apPlicable portions of the Intracoastal waterwiy and Port Everglades berthing facilities as well as appty in j.ts o$/n name for federal, state, and/or 1ocal grant monies to accomplish same' county, as successor to the Port Everglades Authority, shalI be responsible, as between the parties, fo{ maintenance oi all open storage areas and docks and berthing facilities located within all areas of the Port jurisdictional area. Further, the county, as successor fo the Port Everglades Authority, sha1l be responsj'bIe, among the parties, for debris removal from the watert'ays and ior railway crossing maintenance and repair. 3.6 EN T CCUPATI ICEN (i) The respective cities shaII have primary.responsibility for providing code enforcement services within the areas of concurrent iur j'sdiction. (ii) AII occupational licenses required by a city or county for business located within its municipal or corporate linits shall be issued by such city or county upon proper applications being submitted and applicable Iicense fees blinq paid. Hollywood, Fort LauderdaLe, Dania, and the counfy-have the right to enforce this requirement as r'reIl -7- 3.7 -8- as other municipal code requirements through their respective code enforcement departments ' ZONING AND BUILDING SERVICES PLanning and zoning servj-ces are currently provided at the p".t, *iitf,it the irunicipal boundaries, by the respective Liiilt as vested in each city under chapters 163 and 166 of the Florida statutes and thL respectj've cities' charters' i;;";;- the parties hereto agree that it is in their mutual best interest to provide for J uniforn zoning code within the areas of concurrent jurisdj-ction. The parties therefore' by ih"ir ""ec,.,tion of t-his Agreement, agree to be bound by the i;;; and conditions of the Port Everglades Developnent oi.iii"f, hereinafter referred to as the rrP'E'D'D''rr for pi"p"iiy':,Ving within the Port Evergtades 'lurisdictional Area' The parties further agree that the P'E'D'D' shal'l remain in ;;i";a (unress amended by the unanimous .consent of all parties to tnis'agreenent) until- such tirne as the parties hereto have aqreed upon a revised zoning code for the entire Port ii.isi"a.'; Jurisdictional aiea. The parties hereto ickn6wleage and recognize the need for a revised zoning code irriougnotr€ the Port -Jurisdictional Area ' rn recognition of it- lirti.=' mutual interest in and concern for a revised zoniig code, the parties agree as foIlovJs: (i) county and cities shall each direct their appropriate staff to neet together on an immediate and expedited basis for the purptse of creating and drafting a r-evised zoning code' ri being the express intent of this igreeient, and the parti6s, to gerlerate a revised zoning "6d" thut is acceptlble to alI parties and thus capable of adoption in thL identical form by each party hereto' Any future amendments to the zoning code would t:!:'I: thi approval of all of the parties to this Agreement.ln order lo be effective' ouring the interirn period while p.n.o.D. zoning remains in effect and thereafter when the contemplated r6vised zoning code is enacted, each city or the county shall adniniiter the application of. the applicable zoning code for properties located within tirl i r respective lurisdictional boundaries' (ii) Holly$/ood, Fort Lauderdale, and Dania shall be the local' goveinment agency under Florida -statutes, chapter 380' 'iitn jurisai;tio; to issue development orders for any propoJed DRI located within their respective- municipal toundaries. And Broward county shatl be deened the loca1 government agency under Floridi Stttut"s, chapter 380' in the unincorporated area. UTRE COUN ( iii) ( iv) The parties agree that aII building permits and certiiicates of occupancy for construction within the uunicj-pa1 or corporate boundaries of Holllrwood, Fort Lauderiale, Dania, or county shalt be applied for, and issued by the respective governmental entity, and all fees for-sarne shall be retained by such entity Pursuantto its ordinances and regulations' The parties hereto recognize thats construction v'ithin thepori .}urisdictional e-rea has a regional affect and recognize that time is of the essence as to the issuance of any perrnits, and therefore agree to process any building perrnit applications filed by the Port Everglades authori€y- and iti luccessor Broward county on a priority basis. 4.L In consideration of the mutual promises and benefits exchanged herein and to further resolve disputed issues and clains which have arisen as a result of Chapter gl-346t Laws of Florida, County ;;;;;= that; when fee title to real property which -Iies within a ciiy-wtricn is a party to this Agreement,is purchased or otherwise acqiired by County atter the efiective date of this Agreenent for i.r6tr=ion *itfrit,- or is contiguous to, the boundaries of Port Everglades for Port-related activity, compensation shaIl be made to [fr"- -upJf i"uble City on a yearly basis in accordance with this afreement. The tot;I "^ount of Cornpensation due in any given year sia11 be based upon the then current assessed value of the real property, including the value of any i:nprovements nade to the ii"i".ti, if the ieal property or inprovernents result in the prop"rt!'g"nerat ing signifiCant revenues to county fron other than L..ilitiir.,lf or nece==aiy governmental sources and functions (such as collection and paym"nt of fees and taxes authorized by lar.r), Under no event shalL the maxirnum amount of the annual pa)rment ever exceed an amount calculated by nultiplying the applicable city's ad valorern millage rate in effett at €he time of the acquisition by the then current assessed value of the real property, and if appi,icabte, improvernents thereon, as determined by the Broward county property Appraiser. compensation nay be made in the forn of cash,'o. if *rt,ii11y agreed upon by the parties by perforrning services, granting ciedits, or any other lega11y available neans' Payment =fruf f U.:n1de to the applicable City on an annual basis and wittrin forty-five days of January 1 of each year. 4.2 The amount of compensation due shall be deternined in accordance with this A;ticIe. Acquisition of property sha1l include, but not be limited to, acquiring fee title by any means, including any purchase, exchange, condemnation, or any other nethod of convelanCe. The provisions of this Article shall apply to property located within the applicable city and within or^"o.,tigror= to the Port Jurisdictional Area and real property which CLE IV:E PRO -9- is acquired for the use and benef j-t of Port Everglades. TheobJ.igation of the County to compensate any party to this AgreeDentin accordance with this Article shaIl only occur in those instances where the county acquires fee title to any property which is usedto generate significant revenues to county from other thantraditionaL or necessary governmental functions and sources (such as collection and palment of fees and taxes authorized by 1aw). Inthose instances r{rhere it is determined that the county is obligatedto compensate the applicable city, conpensation shall be due forthe duration of this Agreenent, or three years, whichever isgreater. The valuation of the real property and, if applicable, any improvenents shall be made annually and conpensation shall bebased upon the valuation of the property as maintained by theBroward county Property Appraiser. county will not raise anyobjection to city having standing to contest the assessed value of such property. county will not raise any objection to City havingstanding to contest the assessed value of such property. 4.3 If the county acquires any real property, including any irnprovernents thereon which are not used to generate significant revenues or are used for traditional and custonary government uses(e.S. construction of governmental buildings or roadway improvements), then in such event the County shall not be obligatedor otherwise required to pay any money or otherl.rj.se compensate anyparty to this Agreement. 4.4 If, at any time during the tern of this Agreement, the use andvalue of any county real property, including improvements thereon, which is subject to the terns of this Article is changed, any party shall have the right to seek a judicial deterrnination as to $rhethersuch change would affect any of the obligations of the parties pursuant to the terms of this ArticIe. Any increase or decrease inthe anount of cornpensation due as a result of a change sha1l beeffective and prorated as of the date of the change. ARTICLE V: TERM OF AGREEMENT The parties hereto agree that this Agreement is in the interest ofaII parties, in order to assure continuity with regard to thematters herein addressed and is important in planning with regardto the provision of government services in Port Everglades. ThisAgreenent sha1l be noncancelable, other than pursuant to section6.2 belo$/, for a period of 30 years fron its effectj,ve date and sha1l not be terninable by any party during said period. In theevent of breach or default by any party to this Agreenent, theparties retain the right to bring an action for damages and toobtain specific performance regarding the oblj,gations contained inthis Agreenent . -10- 6.1 NOTICE Any notice required hereunder shall be by first class nai1,return receipt requested, and addressed to the party intendedto receive same at the fol1olring addresses: COUNTY:county Administratoroffice of the county Administrator Bros/ard County Governmental Center 115 South Andrews Avenue, Suite 409Fort Lauderdale, Florida 33301 HOLLYWOOD :City I'tanagercity of Holl-).l",oodPost office Box 229045Hollywood, Florida 33022-9045 WITH COPY TO city Attorney city of Hol l-ywood Post Office Box 229045HoIlywood, Florida 33022-9045 FORT I.AUDERDALE: DANIA: citycity PostFort City l"lanagercity of Dania 100 West DaniaDania, Florida Managerof Fort Lauderda leoffice Drawer 1425oLauderdale, Florida 33302 Beach Boulevard 33004 In the event any tern or provision of this Agreement shall bedetermined by appropriate judicial authority to be illegal orotherlrise invalid, such provision shal1 be given its nearestIegal meaning or be construed or deleted as such authoritydetermines, and the rernainder of this Agreement shalI beconstrued to be in full force and effect. Notwithstanding theabove, however, if Article IV of this agreement is determinedby the appropriate final judicial authority to be illegal orother$rise invalid, the parties shal] immediately mutuallyagree upon substitute language to provide as nearly as islegally possible identicaL terns and conditions. The partiesacknowledge and agree that this agreement is a vaLid andbinding contract enforceable in accordance with its terms, andthat no party sha11 institute any suit or action whichchallenges the validity of this agreement or any of the ternscontained herei.n. VI . MTSCELLANEOUS 6.2 SEVERABILITY -11- 6.3 PRESERVATION OF }4UNICIPAL BOUNDARIES AND AD VALOREM TAXES Nothing herein shalI be construed to authorize, nor shalI the county seek, or support, the constriction of any nunicipal boundary within the Port jurisdictional area or the restriction of the authority of a nunicipality to levy ad valorem taxes. 6.4 LEGAL REOUTRE}4ENTS The parties hereto agree that aII legaI requirenents pertaining to the execution of this Agreemert have been undertaken, and each party agrees to exchange with the other, copies of the official records of its governing body evidencing the authorized execution of this Agreement. This Agreement sha11 be filed in the official records of the county clerk as required under chapter L63, Florida Statutes. Except as herein provided, this Agreement shall be governed by and construed in accordance with Florida law and supersedes all other prior oral and/or wrj-tten agreements between the parties. IN WITNESS WHEREOFT the parties hereto have made and executed this Agreement on the respective dates under each signature. The effective date of this Agreement shall be the date on which the first of the parties to this Agreement shall have executed same. COUNTY ATTEST :BROWARD COUNTY, BOARD OF COUNTY through its COMMI SS I ONERS By county Administratorofficio CLerk of thecounty connissionerscounty, Florida and Ex- Board ofof Broward ch day of arr 19 Approved as to formoffice of county Attorneyfor Broward county, Florida JOHN J. COPELAN, JR., County Attorney Governmental center, suite 423 115 South Andrews AvenueFort Lauderdal-e, Florida 33301 Telephones (305) 357-7500Telecopier: (3O5) 357-7641 By NOEL M. PFEFFER Deputy county Attorney -72- INTERLOCAL AGREE}.{ENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN: CITY OF HOLLYWOOD. FLORIDA, CITY OF FORT LAUDERDALE, FLORIDA, CITY OF DANIA, FLORTDA, AND BROI{ARD COIJNTY, FLORTDA CITY OF DANTA ATTEST : By c lerk or By city Manager ( sEAL)day of L994 . Approved as to form: City Attorney CITY OF FORT LAUDERDALE ATTEST : clerk I,layor By city Manager ( sEAL)day of L994. Approved as to form: city Attorney By -13- INTERI,OCAL AGREEMENT PURSUAN" TO CHAPTER 163, FLORIDA STATUTES, BETWEEN: CITY OT HOLLYWOOD, FLORTDA, CITY OF' FORT I,AUDERDALE, FLORIDA, CITY OF DANIA, FLORIDA, AND BROWARD COUNTY, FLORIDA CITY OF HOLLYWOOD ATTEST : By cLerk Mayor City Manager ( SEAL )day of L994. Approved as to forn: city Attorney FANAL. 4 / 27 -14- By RD COUN SYLVIA POITIER, CHAIR, 93 94 Board of Gounty Gommissioners May 3, 1994 The Honorable Lawton ch i les covernor. The State of Florida Executive office of lhe Governor PL 5 The CapitolTallahassee. Florida 32399 Dear Governor ChiIes: sincereLy your E, we the undersigned respectfully request that you veto HB 2179, an act relating to Broward County, the Port Everglades Authority. and the Cities of Hol"lywood, Fort Lauderdale, and Dania. More specifically, HB 21?9 embodies the terma of a proposed interlocal aqreement between the county and the cities' After many months of meetings and negotiations we have recently reached and signed an interlocal agreement aa evidenced by the enclosed document. on the baiie of thi' signed interlocal agreemenl we now reapectfully reque't-thal you veto HB 2179 and permit ue to be governed by the terrna we have mutual.ly agreed to in the enclo6ed j-nterlocal agreement. Thanking you in advance for your lime and consideration, r^,e remain, (305) 357-7002 . FAX (305) 357-7295 Robert Mlkeattayor, The city of Dania ,4hIvia Poitier Chai ard county conuni s I ion Q;-71,;4 Jim Na Mayor , leitre city of Fort Lauderdale Representative steve GeLlerchairman, Broward Legislative Delegation B. Jack Osterholt Robert FLatley ceorge Hanbury II samuel FinzJa$es O'Brien Mara ciuliantiUayor, The City of Holl)r,,rood encI. cc BROWARDCOUNryGOVTRNMEN]ALCENTENI]]5SOUTI]ANDAEWSAVENUEIFOATLAUDERDALE,FLORIDA3330]