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HomeMy WebLinkAbout1994-02-22 Regular City Commission Meeting Agenda PacketAGENDA DAT{TA CITY COMMIS,SIO]V RE/GIIIARMDDTING FDBR.AARY 22, 7994 7:3O P,M. ANY PERSON WHO DECIDES TO APPEAL ANY DEC'SION MADE BY fHE C'ry COMMISSION WIH REEARD fO ANY MAITER CONS|,DERED Af IHIS MEETING OR HEARING W'LL NEED A RECORD OF IHE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSUPE IHAT A VERBATTM RECORD OF fHE PROCEEDINGS IS MADE WHICH RECORD INCLUDES IHE qESTIMONY AND EVIDENCE IIPON WHICH fHE APPEAL 'S TO BE BASED. LOBBYIST REGISIIRATION REQUIRED . REGISTRA TION AS A LOBBYIST IN T:HE CITY OF DANU IS REQUIRED IF AUV PERSON, RM OR COEPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE, PURSUANT TO ORDINANCE NO. 01.93. REC CLERK'S OFFICE IN 'IHE ADMINIS'TBATION CENTER. ISTRATION FORMS ARE AYAIIA,BI-E IN THE CITY B.OI.L CAI,L T\IVOCATIO]V PRESEIVnATIOIVS " Plaque to the family of Boisy N. Waiters (comm' Jones) 1. @IYSE]VTAGE]IIDA Minutes 1.1 Regular meeting of January 25, 1994 Ordinances1.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTIONS 27-3,27-8, 27.9,27-23AND27-53TOREGULATETHESUPPLYINGOFWATERBYACONSUMER TO A UN|T NOT A PART OF THE CONSUMER',S PROPERTY; PROVIDING FOR POSTING oF DEPoSITS BY oWNERS oF MoRE THAN oNE UNIT SUPPLIED BY oNE(1) METER; PROVIDING FOR PENALTIES; PROVIDING FOR BACKFLOW PREVENTER VALVES; PRoVIDINGTHATALLoRDINANCESoRPARTSoFoRDINANCESANDALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.', (First ordinance reading) (Staff) Resolutions{.3 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CIry MANAGER OR HIS DESIGNEE TO APPLY FOR A HURRICANE ANDREW URBAN REFORESTATION GRANT BEING OFFERED THROUGH THE UNITED STATES GOVERNMENT DEPARTMENT OF FORESTRY FOR A TREE INVENTORY PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE." (staff) I 1.4 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES; SERVICES, EQUIPMENTAND MATERIALS IN THE AMOUNT OF $15,000.00; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FORAN EFFECTIVE DATE." (stafQ {.5 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT DATED THE 14TH DAY OF FEBRUARY, 1994, BETWEEN THE CITY OF DANIA AND ANTHONY ABBATE, AIA, FOR ARCHITECTURAL SERVICES TO BE RENDERED FOR THE NYBERG-SWANSON HOUSE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE." (stafO ,I.6 ? RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DANIA FOR LANDSCAPE IMPROVEMENTS TO DANIA BEACH BOULEVARD AND A-1-A; AND PROVIDING FOR AN EFFECTIVE DATE.' (Staff) 1.7 ? RESOLUTION OF THE CITY OF DANIA, FLORIDA, TO SUPPORT AND URGE THE PASSAGE OF SENATE BILL 618 DESIGNATING RAILROAD TRACKS AS HAZARDOUS CONDITIONS FOR ELEMENTARY-AGE STUDENTS; AND PROVIDING FOR AN EFFECTIVE DATE." (Comm. Jones) 2. PROCIAMIYIIONS2.1 'Black History Month" - February 1994 lMayor Grace) 3. BIDS 4. PT'BLIC EE,ARINEAS4.1 ?N ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 2-12, ARTICLE I OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR THE ISSUANCE OF LONG TERM REVENUE BONDS IN AN AMOUNT NOT TO EXCEED THREE MILLION TWO HUNDRED FIFTY-FIVE THOUSAND DOLI-ARS ($3,255,000.00) AND WHICH SHALL BE IN ADDITION TO THE ISSUANCE OF SHORT TERM PROMISSORY OBLIGATIONS AS PREVIOUSLY AUTHORIZED BY SAID SECTION 2-12, SUBPARAGRAPHS (a) THROUGH (g), BOTH INCLUSIVE; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.' (Statr) (Second Ordinance Reading) 4.2 Petitioner/Owner - South Florida Sports Committee, lnc.; property located at 2600 SW 36 Street (Collins Road) Pubtic Hearing - ZT-19-93 - Adoption of ordinance allowing motocross parks as a special exception use in a Light lndustrial M-1 zoning district. "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 39-1040 OF ARTICLE LXII OF THE BROWARD COUNTY ZONING CODE AS ADOPTED BY ORDINANCE NO. 33-91; BYADDING A NEW SECTION 39-1040.1 THERETO TO PROVIDE A SPECIAL EXCEPTION USE FOR MOTOCROSS PARKS lN LIGHT INDUSTRIAL (M-1) DISTRICTS; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.' (First Public Hearing and Ordinance Reading) (Staffl 2 ilOTE: 9:OO >- - EEOAEST AflD tOrtCE FOE pfrIttrD EO"TilSgIOTfrS AflD ATFOETEYS frEPEESETTITG PEE CTTY LInOAfIOfl AOAIilSTRilOWEilD EOATN gca backap) ,igflot IT ITS OF CET PETDITO 5. CTEDZENS' courtEnflIrs - Comments by Dania citizens or interested parties that are not a partof the regular agenda should be given in writing or communicated verbally prior to 4:00 p.m. the (2nd) and fourth (4th) Monday of each month. Comments of any nature will be respondedto by the office of the City Manager. ln the event that the concern remains unresolved, thecitizen(s) or party will be asked to address the city commission during the meeting. 6. SXIE PLA]VS 7. EXPETiIDITTJRE REgt,IESlS 8. DIISCUSSIOIYAIYD POSSIBT,E ASTION8.1 Banner permit requested for Graves Museum. lstan;8.2 Modello Park pool analysis requested. (staff)8.3 Port Bill progress. (stafo8.4 Propane conversion. (comm. Bertino)8.5 Occupational License & $50 brokerfee. (Mayor Grace)8.6 Status report on Beach Grille, Seafair, Boucher Bros. (comm. Hyde)8.7 Acceptance of proposal for engineering services related to the NW 5th Avenue lmprovement Project. (stafo 9. APFOIMTUEMTEI9.1 Appointment of one member to the Memorials Committee.9.2 Appointment of four members to the Airport Advisory Committee.9.3 Appointment of one member to the Code Enforcement Board due to the resignation of Roxane Knight.9.4 Appointment of one member to the Parks & Recreation Board due to the resignation of Roxane Knight.9.5 Appointment of one voting delegate and one altemate for the Broward League of Cities annual election meeting. TO.AITMINISfi Ir,^*IIIIEREPORU]S City Manager 10.1 Monkey movie - March 29 (7:00 p.m.) at City Hall 10.2 Broward Day in Tallahassee - March 9 & 10 II. COI4I'ISSIOIT COIIMEMNS 't 1.'t Commissioner Bertino 11.2 Commissioner Hyde 11.3 CommissionerJones 11.4 Vice-Mayor Mikes 11.5 Mayor Grace 3 AGENDA ADDENDUM DANIA CITY COMMISSION FEBRUARY 22,1994 7:30 P.M. 4. PT,BiIJCEE,ARINC,S4.3 Petitioner/owner - Jon and Ana Ardeljan; property located at 510 sE 4 court public Hearing - vA-42-93 - A variance is requested to allow the construction of a screen enclosure around an existing swimming pool to be within 4 inches of the rear property line (minimum setback is 5 feet') (statr) (ltem contlnued from February 8, 1994) MAYOR'S PROCLAMATION WHEREAS, Black History Month is being celebrated during the month of February, 1994; and WHEREAS, Black History Month serves to promote citizen awareness of the cultural heritage of the African-American Society and the many contributions made by citizens of African descent to this great country; and WHEREAS, the City of Dania wishes to recognize the contributions of citizens of this cultural heritage, in partlcular, Boisey Waiters, Chester Byrd, Alcee Hastings, Sylvia Poitier, Mary Robinson, Mandy Dawson, Matt Meadows, Joe Eggelletion, John Saunders, Miriam Oliphant, Carlton Moore and many more too numerous to mention; and WHEREAS, the City of Dania, Broward founder, on its 90th anniversary does recognize these outstanding African American descendants NOW, THEREFORE, I, BOBBIE H. GRACE, as Mayor of the City of Dania, Florida, do hereby proclaim the month of February, 1994 as: .BLACK HISTORY MONTH" in the City of Dania and do hereby urge all our citizens to participate in the celebration and to recognize the importance of the African American society in our community. lN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed th s Jl day of February, 1994. 0 w h r\_ BO BIE H. GRACE, Mayor - Commissioner ATTEST: CITY ERK - AUDITOR MEMORANDUM TO; CITY MANAGER ROBERT FLATLEY FROM: WANDA MULLIK|N, CtTy CLERK SUBJECT: RECoMMENDED AMENDMENTS To urLITlEs sEcIoN oF coDE DATE: FEBRUARY 1, 1994 , Section 27-3 Addition Section 27-8 (a) Authority and Grounds for discontinuance of service by utility department. Addition: 27-3(e) - 'lt is unlawful for any owner or tenant of a residential unit to knowingly supply water to another unit(s) wherein water is not available for any reason. ln the event the city sees evidence of this occurring, the party supplying the water will be billed on an additional unit(s) basis. The owner or consumer will also be subject To the maxi- mum fine as set forth in Section i-8 of the city code; which fine shall be added to and become a part of the utilities bill for that residential unit.,, Amendment: Section 27-B (a) -'Authority and grounds for discontinuance of service and imposition of penalties for violations' Note: staff has discovered that there are instances where utility service has beendiscontinued for nonpayment that the occupant has been receiving or buying water from other residential units next to or in close proximity. staff feellhat if iho;e units supplying the water where billed on an additional unit basis that this practice would be eliminated due to the excessive cost of an additional unit. UTILITIES DIRECTOR BUD PALM AND MEMBERS OF THE UTILITIES STAFF.HAVEENCOUNTERED PROBLEMS IN THE UTILITY DEPARTMENTAND WOULD LIKE TOPRESENT THE ATTACHED RECOMMENDED AMENDMENTS TO THE CITY CODEFOR CONSIDERATION BY THE COMMISSION: EXISTING CODE AMENDMENT Section 27-8 - Addition Addition - Section 27-B (12) 'Any violation of subsections (1) through (1 1) hereinabove shall be subject to penalties as provided for in Sections 1-8 of city code. Section 27-23 - Addition Addition - Section 27-23 (7) - 'Owner of more than one unit supplied by one meter will be required to post the deposit. Tenant deposits will not be accepted by the city for said services" Note: Staff has encountered the problem of owners with more than 1 unit being supplied water by 1 meter, requiring one of the tenants to post the deposit. Many of these tenants are not informed that there are more than '1 unit being serviced by the meter and that they will be responsible for the entire bill. Section 27-53 - Addition Addition - Section 27-53 (9) -'Any violation of subsections (1) through (1 1) hereinabove shall be subject to the maximum fine as pro- vided for in Section 1-8 of the city code; which fine shall be added to and become a part of the utilities bill for that unit. Note: This addition will allow the city to assess and collect fines for violations by adding them to the utility bill. Section 27-53 Sanitary sewer services, cancellation. Section 27-9 (b) A backflow preventer valve shall be installed and maintained on supply line as stated in chapter 4620 of the South Fla. Building Code. Amended - Section 27-53 - "Sanitary sewer service cancellation and impo- sition of penalties for violations" Amendment - Section 27-9 (b) - ? backflow preventer valve shall be installed on supply lines as stated in the Fla. Administrative Code '17-555.360 and the BOCA Uniform Ptumbing Codes. Note: This amendment is necessary in order to reference the proper authority regarding the backfl ow preventers. I am requesting that you place this ordinance on the next workshop for discussion CITY OF DANIA I NTEROFFI CE MENIORAN DU M To:Robert Flatley, City Manager From: Dan Oyler, City Planner Date: February 17,7994 Hurricane Andrew Urban Reforestation Grant. The Federal Govemment, through the Florida Dept. of Foresky is offering 100%o matching grants to Dade, Broward and Monroe counties for the purpose of reforestation and kee inventories. Dade County has been ear marked for the reforestation portion of the grant. Broward County is eligible for the Tree L:rventory grants up to $25,000. The Tree Inventory Grant would provide the City of Dania with the following: A computer inventory program for tree inventory which would provide the city with the type of trees, size, quality, and location. In addition the program would allow set up a program of regular maintenance, work schedules, and budgeting to maintaining trees which are located on public lands. Provides funds for the haining of personnel on how to operate and maintain the program. Would provide the City with a means of determining the replacement value of trees when and if a hurricane should hit our area for complete reimbursement from F.E.M.A. Would provide the City with funds to hire individuals of firms to perform the tree inventory. Please place this item, along with a resolution authorizing the preparation and submittal of this grant request, on the next City Commission Agenda. 1 2 J 4 Re: The morion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Hyde - yes Commissioner Jones - yes Vice Mayor Mikes - yes Mayor Grace - yes Ciry Manager Flatley stated that a conrract will be brought back to the Commission for approval. 7 .5 Bud Palm, Udlities Director, presenred his recommendation ro select Municipal Merer Reading Service to read the Ciry's meters at a charge of $.40 per meter per monrh. Mr. Palm advised that efforr were made to include SDBE (Small Disadvantaged Business Enterprise) participants and that there were no companies rhat supply this service. A motion was made by Vice Mayor Mikes, seconded by Commissioner Jones to approve rhe Municipal Meter Reading Service proposal at $.40 per meter per month. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Hyde - yes Commissioner Jones - yes Vice Mayor Mikes - yes Mayor Grace - yes 7.6 Bud Palm, Utilities Director, requested to use water reserve funds to make improvements to waterlines in the nonheast, norrhwe$ and southwest sections of the Ciry by changing 2" lines to 5" lines. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde ro grant rhe request. 7 A modon was made by Commissioner Bertino, seconded by Commissioner Jones to approve the Berry & Calvin proposal for engineering services in the amount of $15,000. The motion passed on the following roll call vore: Ci rofessi lained bai 47 r Fla resented BetheI C&vlnal for onaltyManagetleyPryroposalPP en se forvlces ther Danla rerP/Rest rantau s/ater sec/erend lm ts.rovemengrneerln8PlmFIthatthewlrovementsltservleventherestatualturandan t sho andatleyexPvPnherrestnoomratostmontheeachb Grace - yesMar Commissioner Hyde - yes Vice Mayor Mikes - yes Commissioner Benino - yes Commissioner Jones - yes JANUARY 11, 1994REGUUTR MEETING Mr. City of Daria B&C DOC:\PROPOSAL\December\93-l 140.D15 Page 2 December 16, 1993 PROPOSED SCEEDULE OF FEES I. Professional Civil Engineering Services tr. Construction Phase Services TOTAL $ 12,000.00 3,000.00 Additional services as required by the City of Dania which have not been included in this proposal will be addressed in a separate contractual agreement. Professional services required due to changes in the site plan initiated by the client, their representatives or other consulants (e.g. architects, landscape architects, etc.) after either design or preparation of the construction drawings has commenced will be billed as Additional Services. - - Any outside engineering services, studies, or laboratory testing not specifica[y mentioned in the Scope of Services will be the responsibility of the city of Dania. AII municipal, permit, and agency fees as well as TiUe Certificates will be paid by the client. Reimbursable Exoenses Berry & calvin, Inc. will be reimbursed for the printing of drawings and qpecifications, deliveries, federal express services, required travel time and travel expenses, long distance Elephone calls, fax transmittals, and postage, as required. Reimbursable expenses will be Meeting Attendance ADDMONAL FEES pu9 to the difEculties of predicting the number or duration of meetings, no meetings are included in the schedule of Fees shown above. Preparation for and meeting attendanie, as necessary, will be providcd on a time and materials basis and will be billed at the standard hourly rates in accordance with the attached Hourly Rate Schedule. CLIEIYT RESRONSIBILITIES The City of Dania or their rqlresentative shall be available to meet with Berry & Calvin, Inc. and provide decisions in a timely manner throughout the course of the project. The city of Dania will provide Berry & Calvin, Inc. with plans and other pertinent information which may be necessary to properly sunirey or engineer the site. BERRY & CALVIN INC.ENGINEERS . SURVEYORS . P ANNERS, L December 16, L993 Mr. Robert Flatley City Manager City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 Dania Beach lVater and Sewer Improvements For Dania Pier and RestaurantB&CNo. 93-1140 Dear Mr. Flatley: SCOPE OF SER.YICES B€rry & cabin, rnc. ri,ill per:form the following services based on our undersanding of theprcject rEqufuements: - I. A. Prepare plans, specifications and contract documents for water and sewer B improvemerts. Obain permits from regulatory agencies. tr. Construction Phase Services ' A. Provide construction senices and certifications. , SCEH)TILE OF FEES F:ry f catvin, Inc. will perform the Scope of Services for a lump sum fee as shown by thefollowing recap: H0UWV00D 2 Oakwood &ule\,6d, Suite 1 20, Hoi\4^ood, Fbrida 33020 (305) 921.7781 FAX: (305) 921.8802 MIAMI I,AKES 5979 N.W. I 5 i st StEer, Suite 206, l\tiarni hkes, Fbrlla 3301 4 (305) 364-0478 FAX (305) 364-075 r RE: We are pleased to submit this proposal for Professional Engineering Services on the abovereferenced project. TERMS OF AGREEIVIENT The terms of the Agreement shall be valid for the client's acceptance for a period of thirty (30)days from the date of execution by Berry & calvin, Inc. aftei which timi this contract offer becomes null and void if not accepted formally (evidenced by receipt of an executed copy of thisdocument). All rates and fees quoted in this document shali be efiective for a periJiri six (6)months, after which time they may be renegotiated with the City of Dania. All original docunients shall be retained by Berry,& Calvin, Inc. and will remain their property.This information is proprietary and will not be sirared with others without prior written'consent.The city of Dania may request reproducible copies of all original documints upon payment ofall outsunding invoices, and at the client,s expense Ilyoices for work accomplished to date wilt be submitted nvice monthly and are payable withinthirty (30) days. The City of Dania will pay invoices upon receipt ina uno".sanas interestcharges of l.5To per month will be applied toany unpaidbalance past thirry (30) days. Berry *Sqrin, Inc. may elect to stop work until payment is received. ff work is s'tolipearo. trrtt},(30) days or more, Berry & calvin, Inc. may request compensation for sart-up co-s'ts when worlrcsumes. rilfe appreciate the opportunity to submit this proposal. Berry & calvin, krc. is prepared withthe necessary manpower to proceed with the proposed scope of services "p", i*ilpi "r tn.executed authorization. our personnel are committed to completing the project in a timetymanner. Please indicate your_llTptanc€ of this proposal by signhg below and returning onlexecuted copy to this ofnce. we look forward !o working wittryou on this project. Very truly yours, BERRY & CALVIN, INC. City of Dania B&C DOC;\PROPOSAL\December\93-1 1z0.Dl6 Page 3 December 16, 1993 John W. Calvin, P.E. President IWC\pak-AO Attachmeot City of Dania B&C DOC:\PROPOSAL\Deceober\93-l lrt0.D16 Page 4 December 16, 1993 BERRY & CALVIN, INC.ENGINEERS. SURVEYORS. P LAN N ERS EO'T]RLYRAIE S(EMIJLE JI,LY I, M9J ERSO!{NEL CI,IS$TICATION EOI'RLYRAIE Principals, PresidenUExecutive Vice President $12s.00 Associate, Transportation $125.00 Transportation Prcject Manager $85.00 Associate, Vice President, Suweying $75.00 Trursportation Engrneer $70.00 $65.00 Researcheri Special Projecs $50.00 Computer Calc. Technician Inspector $50.00 $50.00, $50.00 $50.00Asistant Director, Platting Survey Crew Supenisor $45.00 Senior Design Technician $45.00, .,,,,,,,i,,1...Clerical '':. .:'.' .: :. , ..... ,',',,, ",'..,,, $35.00 Transportation Technician $35.00 In additioa to the hoarl! ru.s lific4 cluryes wiu include identiftablc ouif-poctet expenses such as rcpm&aio4 tedenl cxpnts semicc, and other nimbunables billed a a maltiplier of I.25. H0LLi1V000 2 oal$ood Boulsard, Suite 120, l-lolty,iood, Florha 33020 (305) S21-7781 FAX (300 921{807 MIAMI IIKES 5979 N,W. 15lst Street, Suite 206, MiIni Lakes, Fbrile 33014 (305) 364{478 FAX (30S) 964{701 Senior Registered Surveyor p rTetransl $45.00 Permit Administrator , ,: ,,935.00 ,,::,,' :i CITY OF DANIA 5 t TO RE Wanda Mullikin City Clek FROM:Lou Ann Cunningham Administrative Aide Architectural Services for the Nyberg Swanson House Contract Agreement Date:February 15, 1994 Attached are two contracts that need to be executed by the Mayor, City Manager, Yourself and the City Attorney so that a requistion may be submitted for architecutral services for the Nyberg Swanson House. Also attached to each contract, is an executed resolution #12-94 approving the proposal by Anthony Abbate. lc; INTEROFFICE MEMORANDUM GROWTH MANAGEMENT DEPARTMENT N (t THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document tl61 1977 E)mON This Document is intended to be used in conrunction with AIA Document 8162, Scope of Designated Services. THIS DOCUMENI HN IMPORTAMI LECAL CONSIQUENCIS; CONSULTATTON WIiH AN ATTORNfY IS fNCOURAGED WITH RESPEC'T TO TIS COMPLETION OR MODIFICAIION ACREEMENT made as of the l4rh Hundred and Niuery Four day of February in the year of Nineteen BETWEEN the Owner: the Clty of Danla, FlorLda and the Architect: Aothony Abbate AIA For the following Project: (lndt d. d.oil.d detotptio,t ol Ptoi.ct lof,aaio,/t zad t(Ift..) Nyberg-Swansou Eouse 101 West Beach Boulevard Danla, Florida Rehabllltation and adaptive re-use of an existiug structure. The Owner and the Architect agree as set forth below.EXHIBIT .,A" CopyriSht @_1977 by The American lnstitute of Architects, 1735 New York Avenue, N.w., Wa5hington, D.C 20006. Reproduction ofth€ material herein or rubstantial quotation of its provisions without permission o, the AIA violat; the copyright taws of the UnitedStat6 and will be subiect to legal prorecution. AIA DOCUMEIT 3!6I . OESIGNATED SERVICEs ACREEMINT . NOVIMSER 19, EDITION . AIA O. O 192THE AMERICAN INfiIIUTE Of ARCHITECTS. T7115 NEW YORX AVENUE, N,W., WASHINCION, O.c. 2( 7 8161-1977 1 Standard Form of Agreement Between Owner and Architect For Designated Services ': il: ."i':'.,r,'r (This page blank)I rlj: .r,i;-i: .:- ia:,.:r;:.' ris [9:!,:r;.;tr ,,,.: ..,'r;'lil';"jll .: ,.i,,1. :,i. :i1,. '.1 2 8161-1977 r 1i: ri-, AlA D()GI,MENT '|5I . OESICNATEO SERYICEs ^CREEMENT. NOVEM8T..19' EDITION . AIA 6 . @ 19r/ THE AM€RICAN INSTITUTE Of AICHIECI5, 1,35 NEw lOlX AVEIiUE, N.w.. wAStllNGION. D.C 2m6 ..'-',,'.'.. ,j. __ TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT t.1 DESIGNATEDSERVICES The Architect's Designated Services consist of those services agreed to be performed directly by the Architect, through the Architect by utilization of Outside 5ervices, and by Coordination 5ervices per- formed by the Architect on services provided by the Owner, for and necessary to the Project, as identified and described in the Scope of DesiSnated Services attached to and made a part of this Agreement. 1.2 CONSTRUCTIONCONTRACIADMINISIRATION PHASE The following terms and conditions shall apply to the rel€vant Construction Contract Administratiol'l Phase services, if any, as may be included in the Scope of Designated Services attached to and made a part of this Agreement. 1.2.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the Architect's obliBation to provide services under this phase of the Agreement, will terminate when final pay- ment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first. 1,2.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set forth below and in the edition of AIA Docu' ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.2.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Owner. lnstructions to the Contractor shall be forwarded through the Architect' The Architect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Oocuments unless otherwise modified by written instrument in accordance with Subparagraph 1.2.15. 1.2.4 The Architect shall visit the site at intervals appro- priate to the sta8e of construction or as otherwise agreed 6y the Architeci in writing to become generally familiar with the progress and quality of the Work and to deter- mine in geneial if the Work is proceeding in accordance with tht Contract Oocuments. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the work, and shall endeavor to guard the Owner against defects and deficiencies in the work of the contractor. 1.2.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for the acts or omissions of the Contractor, Subcon- tractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 't.2.6 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1,2.7 the Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shalt issue Certificates for Payment in such amounts, as provided in the Contract Documents. 1.2.8 The issuance of a Certificate for Payment shall con- stitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1.2.4 and the data comprising the Contractor's Appiication for Payment, that the Work has progressed to ihe point indicated; that, to the b€st of the irc6itect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Docu' ments (subject to an evaluation of the Work for conform- ance with the Contract Documents upon Substantial Com- pletion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a repre- sentation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.2.9 The Architect shall be the interPreter of the requirements of the Contract Documents and the iudge of the performance thereunder by both the Owner and Con- tractor. The Architect shall render interpretations neces- sary for the proper execution or progress of the work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written deci- sions, within a reasonable time, on all claims, disputes and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 1.2.10 lnterpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. ln the capacity of interpreter and iudge, the Architect shall endeavor to secure faithful performance by both the Owner and the Contractor, shall not show par- tiality to either, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 1.2.11 The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. The Architect's decisions on any other claims, disputes or other matte6, including those in question between the Owner and the Contractor, shall be AIA OOCIIMENT 816'I . DESICNATED SIRVICEs ACREEMENT ' NOVEMSER 197' EDITION ' AIA @ ' @ 192 THE AMERICAN INSTIfUTI Of ARCIIITECTS, 17]5 NEW YORK AVENUE, N.W., WASHTNCTON, D.C' 2OM6 9161-1977 3 ARTICTE 1 subject to arbitration as provided in this Agreement and in the Contract Documents, 1.2.12 The Architect shall have authority to reject work which does not conform to the Contract Documents. Whenever, in the Architecfs reasonable opinion, it is necessary or advisable for the implementation of the in- tent of the Contract Oocuments, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such work be then fabricated, installed or completed. 1.2.13 The Architect shall review and approve or take other appropriate action upon the Contractot's submittals such as Shop Drawings, Product Data, and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.2.14 The Architect shall prepare Change Orders for the Owne/s approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 1.2.15 The Architect shall conduct inspections to deter- mine the Dates of Substantial Completion and final com- pletion, shall receive and forward to the Owner for the Owne/s review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment. '12.16 The extent of the duties, responsibilities, and limitations of authority of the Architect as the Owner's representative during construction shall not be modified or extended without written consent of the Owner, the Contractor and the Architecl 13 PIOIECI IERTSBIIANON BEYOND DESIGNATEI' SERVICES 1J.1 lf the Owner and Architect agree that more exten- sive representation at the site than is described in Para- graph 1.2 shall be provided, the Architect shall provide one or more Project Representatives to assist the Architect in carrying out such responsibilities at the site. 132 Such Proiect Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed between the Owner and the Architect as set fofth in an exhibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives. 133 Through the observations by such Project Repre' sentatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishin6 of such project representa- tion shall not modify the rights, responsibilities or obliga- tions of the Architect as described in Paragraph 1.2. 1.4 ADDITIONALSERVICES The following Services are not included as Desig- nated Services unless so identified in Article 15. These Services and any other services identified as Additional Services in the Scope of Designated Services attached to and made a part of this Agree- ment shall be provided if authorized or confirmed in writin8 by the Owner, and they shall be paid for by the Owner as provided in this Agreement, inaddition to the compensation for Designated Services. 1.4.1 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1,4.2 Making revisions in Drawings, Specifications orother documents when such revisions are inconsistentwith written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such docu- ments or are due to other causes not solely within the control of the Architect. 1.4.3 Preparing Drawings, Specifications, supporting data and providing other services in connection with Change Orders to the extent that the adiustment in the Basic Com- pensation resulting from the adjusted Construction Cost is not commensurate with the services required of the Archi- tect, provided such Change Orders are required by causes not solely within the control of the ArchitecL 1.4.4 Providing consultation conceming replacement of any Work damaged by fire or other cause during construc- tion, and fumishing services as may be required in con- nection with the replacement of such Work 1.4J Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in.the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 1.4.6 Providing services, other than those identified in the Scope of Designated Services, after issuance to the Owner of the final Certificate for Payment, or in the ab- sence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.4.7 Providing any other services not otherwise included in this Agreement or not customarily furnished in accord- ance with genenlly accepted architectural practice. 15 TIME 1.5.1 The Architect shall perform Desitnated and Addt- tional Services as expeditiously as is consistent with pro- fessional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the per- formance of the Architect's services which shall be adiuste<l as required as the Proiect proceeds, and shall include allowances for periods of time required for the Owne/s review and approval of submissions and for approvals of authorities having jurisdiction over the Prolect. This sched- ule, when approved by the Owner, shall not. except for reasonable cause, be exceeded by the Architecl AIA DOCUMENT N6i . DEsIGNATEO SERVICES ACREEMENT . NOVEMEER 19' EOITION . AIA €l . @ 19' THE AMERICAN INSTITUTE OT ARCHITECTS, 17J5 NEW YORK AVENUE, N.W,, WAsHINGTON. D.C. 2OM64 8161-1977 ARTICTE 2 THE OWNER's RESPONSIBITITIES The following responsibilities will be undertaken by the Own€r, in addition to those Services designated to be performed by the Owner and described in the Scope of Desitnated Services attached to and made a part of this Agreement. 2.1 The Owner shall provide full information regarding requirements for the Project. 2.2 lf the Owner provides a budget for the Proiect it shall include contintencies for bidding, changes in the Work during construction, and other costs which are the respon- sibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, at the request of the Architect, provide a statement of funds available for the Project, and their source. 2.3 The Owner shall designate, when necessary, a repre- sentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized rep- resentative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adioinint property; rithts-of-way, restrictioos, easements, encroach- ments, zoning, deed restrictions, boundaries and contours of the site, locations, dimensions and complete data per- taining to existing buildings, other improvemenG and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. 2J The Owner shall furnish the services of soil engineersor other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, tround corrosion and resistivity tests, including necessary operations for determining sub- soil, air and water conditions/ with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, in6pections and reports as required by law or the Contract Documents. 2.7 The Owner shall fumish all legal, accounting and insurance counselinS services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contracto/s Applica- tions for Payment or to ascertain how or for what purposes the Contractor uses the moneys paid by or on behalf of the Owner. 2.8 The services, information, surveys and reports required by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.9 lf the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written noticethereof shall be given by the Owner to the Architecl 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as ex-peditiously as necessary for the orderly progress of the Architecfs services and of the Worlc ARTICTE 3 CONSTRUCTION COST 3.1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Proiect designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnishedby the Owner and any equipment which has been designed, specified, selected or specially provided for by the Architecl 3.1.3 Construction Cost does not include the compensa- tion. of the Architect and the Architect,s consultants, the cost of the land, righs-of-way, or other costs which are the responsibility of the Owner as provided in Article 2. 32 RESPONSTBTLTTY fOR CONSTRUCITON COST 3.2.1 Evaluations of the Owner's Project budget, State- ments of Probable Construction Cost and Detailed Esti- mates of Construction Cost, if any, prepared by the Archi- tect, represent the Architecfs best iudgment as a design professional familiar with the construction industry. lt.is recognized, howeverr that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or nego- tiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiatedprices will not vary from the Project budget proposed, established or approved by the Owner, if ani, oi from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Architect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing,proposal or establishment of a Proiect budget under Paragraph 2.2 or othenvise, unless such fixed limit has been agreed upon in writint and signed by the parties hereto. lf such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Docu- ments, to make reasonable adjustments in the scope ofthe Proiect and to include in the Contract Documents alternate bids to adiust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any-increase in the Contract Sum occurring after execu-tion of the Contract for Construction. 3.2.3 lf the Biddint or Negotiations Phase has not com- menced within three months after the Architect submitsthe Construction Documents to the Owner, any project budget or fixed limit of Construction Cost shall-be AIA OOCUMENT AI51 . O€SICNAIED SERVICES ACREE|VIENT ' NOVEMBER 192 EDITION . AIA Gl . @ 19'THE AMERTCAN INSTITUTE OF ARCHITECIS, T735 NEIV YORK AVENUE, N,W., WASHINCTON, b,C. 2ff!6 8161-1977 5 adjusted to reflect any change in the Seneral level of pr;ces in the construction industry between the date of submission of the Construction Oocdments to the Owner and the date on which proposals are sought. 324 lt a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the towest bona fide bid or netotiated pro- posal, the Owner shall (l) Sive written approval- of an increase in such fixed limit, (2) authorize rebidding or renegotiatinS of the Pro.iect within a reasonable time, (3) if the Froject is abandoned, terminate in accordance with Paragraph '10.2, or (41 cooperate in reYising the Proiect scope and quality as required to reduce the Construction Cost. ln the case of (4), provided a fixed limit of Construc- tion Cost has been established as a condition of this Agree- ment, the Architect, without additional charge, shall mod- ify the Orawin$ and Specifications as necessary to comply with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entitled to compensation for all services performed, in accordance with this Atreement, whether or not the Construction Phase is commenced, 5.1.3 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.1.4 lf authorized in advance by the Owner, orpense of overtime work requiring higher than regular rates. 5.1.5 Expense of any additional insurance coverage or limis, including professional liability insurance, requested by the Owner in excess of thai normally carried by the Architect and the Architecfs consultants. ARTICTE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF DESIGNATED SERVICES 6.1.1 An initial payment as set forth in Pangraph 14.1 is the minimum payment under this Agreemenl 5.1.2 Subsequent payments for Desitnated Services shall be made monthly and shall be in proportion to services performed within each Phase of Services, on the basis set forth in Article 14. 6.'t.3 lf and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended throuth no fault of the Architect, compensa- tion for any DesiSnated Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Addi- tional Services. 6.1.4 when compensation is based on a percentage of Construction Cost, and any portions of the Proiect are deleted or otherwise not constructed, compensation for such portions of the Proiect shall be payable to the extent services are performed on such Portions, in accordance with the schedule set forth in Subparagraph 142.2, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or Oetailed Esti- mate of Construction Cost for such portions of the Projecl 6.2 PAYMENTS ON ACCOUNT Of ADDITIONAI SRVICES 6.2.1 Paymena on account of the Architecfs Additional Services as defined in Paragraph 1.4 and for Reimburs- able Expenses as defined in Article 5 shall be made monthly upon presentation of the Architecfs statement of services rendered or expenses incurred. 6.3 PAYMENIS WITIIHELD 6.3.1 No deductions shall be made from the Architecfs compensation on account of penalty, liquidated damages or other sums withheld from payments to contmctors, or on account of the cost of changes in the Work other than those for which the Architect is held legally liable. 6.4 PRO'ECT SUSPENSION ON. TERMINATION 6.4.1 lf the Project is suspended or abandoned in whole or in part for more than three months the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10.4. lf the Project is resumed after being suspended for more than three months, the Architecfs compensation shall be equitably adiusted. DIRECT SATARY AND DIRECT PERSONNET EXPENSE 4.1 Direct Salary Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, but does not include the cost of contributions and benefits related thereto, whether mandatory or customary, as described in Paragraph 4.2 and included in Direct Person- nel Expense. 42 Direct Personnel Expense is defined as the direct salaries of all the Architecfs personnel entaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefi ts. ARTICLE 5 REIMEURSABTE DOENSES 5.1 Reimbursable Expenses are in addition to the Com- pensation for Designated and Additional Services and include actual expenditures made by the Architect and the Architec(s employees and consultants in the interest of the Project for the expenses listed in the following Subparagraphs: 5.1.1 Expense of transportation in connection with the Proiect; Iiving expenses in connection with out-of-town travel; long distance communications, and fees paid for securing approval of authorities having jurisdiction over the Proiect. 5.'1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproduitions for the office use of the Architect and the Architecf s consultants. 6 8161-1977 AIA I,OCUM€NT 8161 . DESICNATED SERVICES ACREEMENT . NOVEMEER 192 EDITION . AIA 6. @ 192 THE AMERICAN INSTITUT€ OT ARCHITECTS, 1735 NEW YORK AVINUE, N.W., WASHINGTON, D.C. 2MO6 ARTICLE 4 ARTICTE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct PeEonnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owne/s authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OI DOCUMENTS 8.1 Orawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, including reproducible copies, of Drawings and Specifications for information and reference in connection with the Owne/s use and occupancy of the Project. The Drawings and Spe- cifications shall not be used by the Owner on other proj- ects, for additions to this Project or for completion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. &2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architecgs rights. ARTICTE 9 ARBITRATION 9.1 All claims, dispules and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion lndustry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration, arising out of or relating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional Person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined- Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitra- tion of any dispute not described therein or with any pe6on not named or described therein. This Agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the pre- vailing arbitration law. 9.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Afuitralion Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. ln no event shall the demand for arbitration be made after the date when insti- tution of letal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by gither party upon seven days'written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days'written notice to the Architect in the event that the Project is permanently abandoned. 10.3 ln the event of termination not the fault of the Architect, the Architect shall be compensated for all serv- ices performed to termination date, together with Reim- bursable Expenses then due and all Termination Expenses as defined in Paragraph 10.4. 10.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not otherwise compensated, plus an amount computed as a percentage of the total Compensation for Desitnated and Additional Services earned to the time of termination, as follows: .1 20 percent if termination occurs during the Pre- design, Site Analysis or Schematic Oesign Phase; or .2 "10 percent if termination occurs during the De- sign Development Phase; or 3 5 percent if termination occurs during any sub- sequent phase. ARTICTE 11 MrscErrANEous PRovtstoNs 11.1 Unless otherwise speclfied, this Agreement shall be govemed by the law of the principal place of business of the Architect. 11.2 Terms in this Agreement shall have the same mean- ing as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. I13 As between the parties to this Atreement: as to all acts or failures to act by either party to this Atreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act occurrint after the relevant Oate of Substantial Completion, not later than the date of issuance of the final Certificate for Paymenl 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages covered by any property insurance during construction as set forth in the edition of AIA Document A201, General Conditions, cur- rent as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. AIA DOCUMENT I15! . DTSICNATED S€RVICIS ACREEMENI . NOVEMEER 192 EDITION . AIA O. G) 1977 THE AMERICAN INSTITUTE OF ARCHITECTS. 17]5 NEW YORK AVENUT, N.W,, WASHINGTON, D.C. 2M6 8161-1977 7 ARTICTE 12 ARTICTE 13 SUCCESSORS AND ASSIGNS 121 The Owner and the Architect, respectively, bind themselves, their partners, successoE, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the wrinen consent of the other. trTENT OF AGREEMENT. '13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, rcpresentirtions or agree' ments, either written or oral- This Agreement may be amended only by wriften instrument signed .by both Owner and Architect. 8 8161-1977 AIA DOCUMENT 1161 . OEsICNAIEO SERVICES ACTEEMENT . NOVEMBER 19, tOlTlON . AIA @ . @ 192 THE AMERICAN INSIITUTE Of ARCHITECTS, 17X5 NEW YORK AVENUE. N.W.. WASHINGTON, D.c- MM5 - -, -:oi.. .:.: .' :..r.i:.._.-. ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN lNlTlAL PAYMENT of dollars ($ ) shall be made upon execution of this Agreement and credited to the Owne/s account as follows: 14.2 COMPENSAflON TOR DESIGNATED SERVICES 142.1 FOR DESIGNATED SERVICES, as identified and described in the Scope of Desitnated Services attached to and made a part of this Agreement, and any other services included in Article 15 as part of Designated Services, com- pensation shall be computed by the following methods for the particular Services so indicated in the Scope of Oesignated Services: (Here idenaily basis ol cofipensetion, includin9 fixed e/r.ounrs, ,ates, mukiples ot percentaget, ,s aPli.able, ard identily Phases to whi<h pzdiculat ,,,ethods ol .ompens ion awly, as approptiat .) MEIHOD A: MULTIPIE OF DIRECT SATARY EXPENSE Compensation for services rendered by Principals and employees shall be based on a multiple of( ) times their Direct Salary Expense as defined in Paragraph 4.1, and lor consultants as described in Subparagraph 14.4.2. METHOD B: MUITIPLE OF DIRECT PERSONNEL EXPENSE Compensation for services rendered by Principals and employees shall be based on a multiple of( ) times their Direct Personnel Expense as defined in Paragnph 4.2, and for consultanB as described in Subpangraph, 14.4.2. METHOD C: PROFESSIONAL FEE PLUS EXPENSES Compensation shall be based on a Professional Fee of dollars ($ ) plus compensation for services rendered by Principals and employees based on a multi- ple of ( ) times their Direct (Salary) (Personnel) Expense as defined in Arti- cle 4, and for consultants as described in Subparagraph 14.4.2. MfiHOD D: PERCENTAGE OF CONSTRUCTION COST Compensation shall be based on percent ( %) of the Construction Cost as defined in Article 3. METHOO E: STIPULATED SUM Compensation shall be a Stipulated Sum of dollars($ ). METHOD F: HOURIY B||-LING RATES Compensation for services rendered by Principals and employees shall be based on the following hourly rates, and for consultants as described in Subparagraph 14.4.2: 1. Principals' time at the fixed rate of Ei-ghty five dollars ($ 85 ) per hour. For the purposes of this Article, the Principals are: An.hony Abbate AIA 2. Supervisory time at the fixed rate of Fifty Five dollarslS 55 ) perhour. Forthe purposes of this Article, Supervisory personnel includeotn?t".'[,.,T#[?Nil&flositions: 3. Technical Level I time at the fixed rate of Thirty Ftte dollars ($ 35 ) per hour. For the purposes of this Article, Technical Level I personnel include those in the following positions: _Delioeators' Drafting' Research, CoEPuter Aided Design and Drafting 4. Technical Level ll time at the fixed rate of dollan ($ ) Per hour. For the purposes of this Article, Technical Level ll personnel include those in the followinS positions: 5. Technical Level lll timeatthefixed rate of Twenty fi-ve dollan($25 ) perhour. Forthe purposes of this Article, Technical Level lll personnel include those in the following positions: Clerical 8161-1977 9AIA DOGUMEI{T 8t.1 . OESIGNATED SERVICES ACREEMENT . NOVEMSER 19, EDITION . AIA @ . @ 192 THE AMERICAN INSTITUTE Of ARCHITECIS, 17J5 NEW YORK AVENUE, N.W., WASHINGTON, D.c. 2ff)5 METHOD G: MULTIPLE OF AMOUNTS BILLED TO ARCHITECf Services of consultants at a multiple of Architect for such services. ( ) times the amounts billed to the METHOD H: Compensation shall be computed as follows: 14.2.2 Where compensation is based on a Stipulated sum or Percentage of Construction Cost, payments for Designated Services shill be made as provided in Subparagraph 6.1.2, so that Compensation for each Phase to which such Method applies shall equal the following percentages of the total Compensation determined by such Method: 1. Predesign Phase: Percent ( %) 2. Site Analysis Phase: Percent ( %) 3. Schemati€ Design Phase: percent ( %\ 4. Design Development Phase' percent ( %l 5. Construction Documents Phase: percent ( %l 6. Bidding or Negotiation Phase: percent ( %l 7. Construction Contract Administration Phase: percent ( %\ 8. Postconstruction Phase: Percent ( %) 9. Supplemental S€rvices: percent ( . %) 14.3 FOR PROJECT REPRESENTATION BEYOND DESIGNATED SERVICES, as described in Paragraph 1.3, ComPensation shallbecomputedseParatelyinaccordancewithSubparagraph1.3'2. COMPENSATION FOR ADDITIONAL SERVICES FOR ADDITIONAT SERVICES OF THE ARCHITECr, as described in Paragraph 1.4 and identified in the Scope of D€signated Services as Additional Services, but excluding Additional Services of consultants, compensation shall be computed based on Method F: Eourly Billing Bates as described in Subparagraph '14.2.1. (Above inse rhe idenrilyinS ldtet and nane ol nethod ol conpensation applicable to Addilional Sedices ol the Architect.) FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engi- neering services and those identified in Article 15 or in the Scope of Desi$ated Services attached to and made a part of this ASreement, as part of Additional Services, a multiple of One ( I ) times the amounts billed to the Architect for such services. 14.4 14.4,1 14,4.2 145 FOR REIMBURSABTE EXPENSES, as described in Anicle 5, and any other items included in Article 15 as Reimbunable Expenses, a multiple of ODe ( I ) times the amounts expended by the Architect, the Architecfs employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architecl (Herc ihtert any /ate ol int test .9reed !pon.) (Utury lawt znd rcquirc,7,ents uhdet the FedetalTtuah in Ledding Act. timilat state and local contune, dedit l.$ and other regulaliorE .l l.r,e Ownels aad Architects ptincipal places ol butinets, th. location ol the Prciect and ersewner€ ,l,z,t zflact the validity ol this ptovition. Spz.ific lzgal .dvic. rhou/d be obtained with rcspe.r to deletion, modification, ot other requte'jents sudr .r wtitlen disclosut.s ot waiv.ts.l 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 lF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 lF THE SERVICES covered by this Agreement have not been completed within tvelve (L2 of the date hereof, through no fault of the Architect the amounts of compensation, rates and multiples ) months set forth herein shall be equitably adiusted. 10 8161-1977 AIA DOCUMENT At6,I . DESICNATED SERVICES AGREEMTNT. NOVEMEER]9Z EDITION . AIA O. @ 192 THE AMERICAN INSTIIUTE Of ARCHITECIS, 1735 NEW YOR( AVENUE, N.W., WASHINCTON, O.C 2OM6 ARTtCtt Is OTHER CONDITIONS OR SERVICES Archltect sha1l furoish services as descrlbed Ia proposal daEed January 12, 1994 aad attached as ItExhlblt Ar'. 15.01 , i: .. ., i...:-.-. - . -i.:i- -.r - i '.. AIA DOCUMETT THE AMERICAN nal . DTSICNATED SIRVICES AGREEMENI . I{OVE r{BEt IgL EOITION . AtA O . @ 192rNtrlIuTE or Aro{rtcrs. izls N€w yoRx ^vENuE: N.w:. -tiiiicrjciii,-o.Czinir 9,674977 71 This agreement entered into as of the day and year first written above. OWNER ARCHITECT Mavor Archltect Ey uapager Audltor-Clerk ciry Atroraey Approved as to forE and correctness 12 8161-1977 AIA OOC1,MENI rl'I ' OESIGNATED SERVICEs ACREEMENT ' NOVEMEER 197 EDITION ' AIA O ' O lY'l THE AMERICT{N INfITUTE Or ARCHITECTS, 1715 NEw YOIK AVENUI, N.w., wAStllNGTON. D C. 2m6 CITY OF DArIIA INTEROFF ICE MEMOBAN D U M b To: Robert Flatley, City Manager From: Dan Oyler, City Date: February 15,7994 Re: F.D.O.T. Landscape Grant For Improvements to Dania Beach Btvd. and A-1-A. The Florida Deparhnent of Transportation is again supplying the City with funds to beautify the State Highways within their jurisdiction. I would like to continue the project we started a year ago by increasing the plant material on Dania Beach Blvd. at A-1-A by installing Washingtonia Palms from the East side of the Bridge to Dania Beach on both sides of the road. Attached for yow review and that of the Gty Commission is the new "Highway Beautification Grant and Maintenance Memorandum of Agreement" that needs commission appro',al by resolution. This is a 100%o reimbursable gmnt for both the plant material and the labor to install it. The estimate cost of the project is $90,226.00. Please have the City Attomey prepare the necessa4r resolution and place this item of the City Commission agenda for February 22, 1994 for appro',aI. r a* oi@ - 20A Sun-Sentinel, Thursday, February 17, 1994 ,Bill addresses rail hazards for children By ABDEN MOORE': St tf writer' TALLAEASSEE - Children who must cross railroad tracks to ' get to school may be riding buses bv the IalL: 'The Sesate Education Commit-'tee ou Wedaesday approved a bill-(SB 618) that would designate railroad tracks as hazardous con--ditioos for elementary-age stu' . deuts. Tte bill cails for buses or :erossing guards in those situations. "Several children have been killed or severely ttjured having to cf,cs railroad tracks to get to school." said Sen. Howard For- man. D-Hollywood. the b ill's sponsor. "This will create a safer atmosDhere.'Lasi June. 6-vear-old Jackie Johnson apparently committed suicide when she stood in the Pathof a freight train on the way to Dania Elementary School. Police said she apparently was de' oressed over her mother's death.^ In response to the tragedy, the Broward County School District added 20 bus routes for elemen- tary school students who need to cross railroad tracks. In Palm Beach CountY, Parentsliave been seeking additional safety measures for children whoatterd Boca Raton E,etneDtary School. located next to railroad tracks. Downtowu construcUoD has made the route to school evea more dangerous, said Sue AII1 Haskin. whose daughter is a lifth- grader at the school. Ilaskin and other pareDts have pleaded with school district offi- cials to add buses for children from Dixie Manor, a public hous- ing project on Dixie Elgbway. . If the bill becomes law, it is Dot kno'rn how much it would cost or how many childre! would b€ af- fected. Funds would come from the state or local school disEicts. E@e€r ! Ter N oi: C 6th Annual TIIE BROKMAGE SHOTV I OW HOURS:IO:O0 AM=ZOO PM THURSDAYTITU MONDAY FREEADMISSION . On site parking . Continuous shuttle buses to ttre Miami Beach Convention Center Water Taxi Service available. Call 545'5051 for Pick uP locations. For inlormation call: Show Managemeng Inc. (3OSJ 6?2-9420 or (305) 764-7dt2 Owo€d ard Sponsorcd b). Florila Yacht Brokcrs Associalion, Inc Yechting Promotions, Inc. \ FEBRUAN{ Ar=2L**rg4 4ZOO COL[INSAVENUq, MlAMl BEtrCrt I I sPon3s:: (t- I I I ilillll llllllll The Brokerage Yacht Show ... The prcmier mega yacht venue with an impressiv-e collecti-on of over 300 of rhe world's largest yachts 40' to 170', gathered together by America's most renowned and respected Yacht Brokers in ooe convenient, hassie-free location. rrE-l/-'5zt tHJ 14:f,1 lu i r,a<Lr'JH(u LEU LEL brsnd laJ(rrafisminsl m6rIro ,.tl.tr > I I E, tot.eB8.St'9.OF-EFTgE!:g .r\;.DNAtr"L itoro.a-L;? c5 5ni3 '[';s:::irE 3bo-O+5'" 3 3 !.3. ! 6 .OOrtFrd. -;e=,'Ft'r; 6tta6rRai arlF6-Fe OOj,.r-- d ;_'.a < 3l F iiilrlliilFilsiiiiii gliEiiii:ii li i x iEiirEEili 5i Iq IE:ll s;;il' = :E *EElirs ;; F P.ArBRG,HRD LEG DELFEB-1?-1994 15r 48 . '.,-<-,U IEL rlu; { a a a o a a ;E3B8vtig a ?t t E a o 3ess c o F t! ar i If D 7Ii a a i3 E Ea: I lI Eilriiii 'liliilil g or P. 81FEB-1?-1994 16:38 Jg : or o .Do6- 'niiEx53 iAg fr ?t qi ti'iiE ii!':Esx ':i a s' iF_iEr;;-i;FEF':E 8;r -;"iE-1,aE ; i i.; i ;- ; i; i-iE a I' I E i?i' ;i' i'.l i-E Fe---ri 3l :iE:I;' -; ;i*r1 r'1.-naaa-tdrrlE - l! ; r ; o o e I ".i'- I =4 i i'ni ; s ? : i- ;i.lioForotooili : FE :: r I II *9:r: i ; :! E :3. 1 6 E" t [ i: i : g ! i E Fi s't ;:I 3 ? e: : 5 ar & ;' iF iii;;ii:iiiiiil,iiiiiiit iihE;F;;.;l;iti!!li iii.,",* !ili,.$Ei;g'liliiil: li;;i;ii E5lq el!8: aEi:.-r5i 15gcE. al lr;li i;: i 3 ru::5 i: i lt ii'a l: *;li :iri3 i:;ilrri tii 1 ii iEIE iiiil Fijilgii ii; i i; ,IE ';Eil uF'irlii il: i il iE I i r E I dr 5 I ' Pg EEi'L13 lo li 11 lE lCloLl' t9 l;Ig -lrF tlh tl. LtcEltrLEIT IEEE IoI c lF ld a o I =6ai--a--bE-oreorr(nu a (n I ! 55I3E X 8-Itg-,qr l: h lr IB t- t: h lE lc I: i, lo oao .)rE rO,at o DtsO'' E 3B 8 T E @-rOnaI:-::B k.r.Ot iaarll .E.rad €.<P r(, B 5 e o r P.A2BROUARD LEG DELFEB-1?-198|4 15r 49 i &l ?El- I E EI ore li'lli=irii'i; lilqllil'l1r ti[[sgriisEiEE!lSr!,8!ssE'Iir388 :;'g55iEiIi. { l,5 eei;;EilaiF!E. sP1t l',rt s s rI[:llEs83?;li,;E ota iE ?3 t I E t3gb EE l:H lI le HliFEIrE ti lB EE !E!isB E t; lr I E H I3-ltti h E E lp E I I Ts t I aI t t tl E D a t I o a o o !si:i$Bu!i5t8Eg !t eI IIit E l ts Its Irt 3 T I P.@?FEB-1?-1994 16:30 a o \i MAYOR'S PROGLAMATION WHEREAS, Black History Month is being celebrated during the month of February, '1994; and WHEREAS, Black History Month serves to promote citizen awareness of the cultural heritage of the African-American Society and the many contributions made by citizens of African descent to this great country; and WHEREAS, the City of Dania wishes to recognize the contributions of citizens of this cultural heritage, in particular, Boisey Waiters, Chester Byrd, Alcee Hastings, Sylvia Poitier, Mary Robinson, Mandy Dawson, Matt Meadows, Joe Eggelletion, John Saunders, Miriam Oliphant, Carlton Moore and many more too numerous to mention; and WHEREAS, the City of Dania, Broward founder, on its 90th anniversary does recognize these outstanding African American descendants NOW, THEREFORE, l, BOBBIE H. GRACE, as Mayor of the City of Dania, Florida, do hereby proclaim the month of February, 1994 as: .BLACK HISTORY MONTH" in the City of Dania and do hereby urge all our citizens to participate in the celebration and to recognize the importance of the African American society in our community. lN WTNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this _ day of February, 1994. BOBBIE H. GRACE, Mayor - Commissioner ATTEST: CIry CLERK - AUDITOR N2- CIIY OF DANIA INTEROMCE MEMORANDUM a TO:ROBERT FIATLEY, CITY MANAGER FROM: MARIE JABALEE, FINANCE DIRECTO RE:ORDINANCEAMENDING 2.12 CIIY CODE DATE: FEBRUARY L7,L994 On February 8,7994, the City Commission passed the attached ordinance amending secbon 2.72 of the City Code which authorizes the City Commission to issue $S,ZSS,OOO in long term revenue bonds. At the same meeting, the Commission adopted resolution 13-94 and 14-94 authorizing the issuance of $3,255,000 in revenue bonds. These resolutions were contingent upon final passage of the above ordinance. The bonds were sold on February 8 and the closing documents are being circulated at this time to obtain the necessary signatures., Closing is scheduled for February 24,1994. N * \ CITY OF DANIA 1OO W. DANIA BEACH BLVD. P.O. BOX 1708 DANIA, FL 33004 February9, 1994 Phoner (305) 921-8700F.x: (305) 921-2601 FAXED TO *425-1006 333 SW 12 Avenue Deerfield, Fl 33441 Aftention: Card[A /cs Attachment cc: Mr. Ray Daly Legal Department Ft. Lauderdale News/Sun-Sentinel l.l Dear earavn:Pud We would like the attached "Public Hearing'to run in the legal ad section on Friday, February 11, 1994. Sincerely, A\' /*l'l't*llS"*'- Wanda Mullikin City Clerk lf there is any problem with the ad or the dates requested, please contact me immediately. Thank you for your assistance in lhis matter. ,- -l NOTICE lS HEREBY GIVEN that the City Commission of the City of Dania, Florida, on February 22, 1994, at 7:30 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission room of the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida to consider the proposed adoption of the following ordinance entitled: AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 2- 12, ARTICLE I OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR THE ISSUANCE OF LONG TERM REVENUE BONDS IN AN AMOUNT NOT TO EXCEED THREE MILLION TWO HUNDRED FIFry-FME THOUSAND DOLLARS ($3,255,000.00) AND WHICH SHALL BE IN ADDITION TO THE ISSUANCE OF SHORT TERM PROMISSORY OBLIGATIONS AS PREVIOUSLY AUTHORIZED BY SAID SECTION 2-12, SUBPARAGRAPHS (a) THROUGH (g), BOTH INCLUSIVE, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. /s/ Wanda Mullikin Cig Clerk A copy of this proposed ordinance is on file in the office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania, Florida, and may be inspected by the public during normal working hours. lnterested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. NOTICE OF HEAR]NG BEFORE CITY COMMISSION CITY OF DANIA, FLORIDA, REGARDING ADOPTION OF THE FOLLOWNG PROPOSED ORDINANCE: #rCITY OF DANIA GROWTH MANAGEMENT DEPARTMENT TO:Robert Flatley City Manager Hl*'l"il"""nement Director d,4 aU.' RE:ZT-19-93 - An Ordinance For A Zoning Text Change To Allow A Motocross Park As A Special Exception Use ln The M-1 District Date:February 18, '1994 A public hearing is scheduled for the February 22, 1994 City Commission meeting concerning the proposed zoning code text change requested by the South Florida Sports Committee, lnc. This proposal is to list a motocross park as a special exception use in the M-1 zoning district. This item was continued from the February 8, 1994 meeting and was discussed at the February 15, 1994 workshop meeting. The attached memo dated February 4, indicates that the text change request is one of a series of actions requested to establish a motocross park on 11.66 acres on the south side of Collins Road (SW 36 Street) and Tram Road (SW 26 Terrace). Should the text change pass on first reading on February 22, lhe series of actions including text change, special exception, site plan, vacation of right-of-way, and a variance will be heard at the March 8, 1994 meeting. At the February 15 meeting the petitioners presented information about the proposed use of property and gave a lot of information concerning a noise test which was done on the site. lt is suggested the petitioner be permitted to present that case first on February 22 and then to hear public comment. The Planning and Zoning Board recommended approval of the text change. As has been suggested in the past, the City Commission can place conditions of approval on the special exception. Those conditions can be very broad in nature from requiring a review of the use in a specified time, to limiting the number of spectators and requiring compliance with the noise requirements of the Dania Code of Ordinances. Such conditions can be more fully explored if the text change proceeds to second reading. WA;lc INTEROFFICE MEMORANDUM FROM: INTEROFFICE MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO Robert Flatley City Manager RE:ZT-19-93 - An Ordinance For A Zoning Text Change To Allow A Motocross Park As A Special Exception Use ln The M-1 Zoning District The first of two public hearings concerning a proposed zoning code text change should be scheduled for the February 8, 1994 City Commission meeting. The proposed text change concerns listing a motocross park as a special exception use in the M-1 zoning district. This text change request is one of a series of actions requested by the South Florida Sports Committee, lnc. to permit a motocross park on the south side of Collins Road at Tram Road. The text change requires two public hearings per Florida Statutes. The first reading has been advertised to be heard on February I and the second reading will be on February 22. ltis necessary to review the series of actions to fully understand the request so it is suggested that the majority of comments and public hearing input take place at the February 22, 1994 meeting. The item on the February 8 meeting is a first reading of a zoning code text change to list "Motocross Park' as a special exception use in the M-1 district. On February 22, a number of items will be scheduled which review the specific request for the motocross park proposed at Collins Road (SW 36 Street) and Tram Road (SW 26 Terrace) including: The second public hearing and reading of an ordinance which would list "Motocross Park" as a special exception use in the M-1 zoning district. lf this amendment is adopted, then the next action can be considered, if the amendment fails then no additional action can be taken. Hln'f[,"."nement Director A,ftr all^- 1 CITY OF DANIA T FROM: Date: February 4, 1994 2 3 Page2 ZT-19-93 - South Florida Sports Committee, lnc. lf the amendment is adopted, then the request for a special exception use for a motocross park on the 11.66 acre site located at Collins Road and Tram Road can be considered. The request to vacate a 40' road reservation which runs north and south through the property. The request for a variance to not pave the parking lot aisles. The request for site plan approval for the motocross park facility' The proposed text change is for listing motocross park as a special exception use. As a special exception use the City Commission can approve such a use, deny the use or approve such a use with conditions on a site by site basis. The Planning and Zoning Board has reviewed the zoning text amendment and recommended approval. There is opposition to the text change for allowing the listing of motocross park as a special exception which really deals with the specific request for the site at Tram Road and Collins Road. The opposition to the motocross park is based on noise created by holding motocross events. The discussion of these issues should be held at the February 22 meeting when the specific proposal is reviewed. At the February 22 meeting, the details of suggested conditions of approval which can be placed on the special exception can be discussed is detail. There are suggested conditions such as, limiting the time of approval to one year so that the City Commission could revisit the use and make revisions or even deny the use if necessary. There are also suggestions about noise monitodng and requiring compliance with the Noise Ordinance of the City of Dania' The February 8 meeting is the first reading of the proposed text change. The February 22 meeting will be the second reading and all of the details of the proposed motocross park will be discussed which, if approved, could require a number of actions by the City Commission. WA;lc 4 5 ORDINANCE NO. AN ORD]NANCE OF THE CITY OF DANIA' FLORIDA AMENDING SECTION 39-1040 OF ARTICLE LXII OF THE BROWARD COUNTY ZONING CODE AS ADOPTED BY ORDINANCE NUMBER 33-91; BY ADDING A NEW SECTION 39' 1040.1 THERETO TO PROVIDE A SPECIAL EXCEPTION USE FOR MOTOCROSS PARKS IN LIGHT INDUSTRTAL (M-r) DISTRICTS; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIOING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: section 1. That Section 39-1040 of Article LXll of the adopted Broward county Zoning code entitled "Light lndustrial M-l District' be and the same is hereby amended by adding section 39-1040.1 which would allow special exception uses and would specifically list 'Motocross Park' as a special exception use in the M-1 zoning district, which shall read as follows: "SECTION. 39-1O4O.l - SPECIAL EXCEPTION USE - The following use(s) shalt be permitGd only upon authorization of the City Commission providing the use(s) shall be found to comply with the requirements of Seciion 6'40 of the Dania Zoning Code per the procedure in Section 10.12 and 10.14 ofthe Dania Zoning Code: "MOTOCROSS PARK" section 2. That except as herein amended, all other provisions of said section 39-1040 of the code of ordinances shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. section 4. That this ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the - day of 1994. PASSED and ADOPTED on Second and Final Reading on the - day of 1994. MAYOR COMMISSIONER ATTEST: CITY CLERK. AUDITOR APPROVED AS TO FORM AND CORRECTNESS By FRANK C. ADLER, CitY AttomeY TEPOE ri€ Ol[rDtura.otu IrrEE6rg&€l at- D Ol en.r--r5 ' nr oi, Da.Flrr(r oi '&rEr, l, 0aa 7!,PX ar ra aEi !tt5t-,br aa ii. firt-r nEf btlrn. rlll ldttld a .g&licnrnnc ot Ctl, Oornnl'-.'!n drm! R@ .l th.D.nl Chy H.ll. llIO Uc,Drni. Lrdi loulrrrrrlDina. 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RoEnri! t rtr!Oirtaa E7a*df6.,6qt o.n riatrr Ul*nrlYOU IAE XOITFED x!!i-f8m!, r! 5ri'r tq dicohrat a rd,i Groicr eE-BU.S|r{ESS E 2) AND tEx- ERAI lrrsrNEss (Es) DBIEISTA PBOVID G FoFCOilFllcnsr PaOvtolti6FdA SEVEMBIUTY: A D PROVDN'G FOR AT CF mrrirga naa batr t$-rgrin- you ri! tursr r-qunad lD !arv6 r aaB/ atyour *ritun tlsl€ri6, I C.ndr, trfiiflnrytlcd trow'n l!lr-.rEr. da t-r. L Ganfr,rr.an5lE 5 tray andt m?r-a - a.' .aa-rr. FOfiIn€€d a ,a@rn ol ria Iro-TfiIEI\INIAL 3.orrr! Baroi La-F! 10 i! dl CtrrLi lr--AS- Con6r,Pdnion , aia rl xuni-@6rd. i. L05 il.x/.5$ Af,-P!!D a6!dt Oqrqrlrudt d.b. fL l33ll f Agt - Corrda. lia E i.(r.a!r b- Jrnll&I At fl9i1.!n. .riglri.l 6r Oa lrdli+rm'P.ln &..n (br+ol Aidr frs aFL-Condaa. n',rnlEarJt-rio. ql P'tlirrar0EaalE ol'l-fu. tdrrv ,{q--!q..!r Arr.-t O..{rJ trld rltln srD ,HqJ- -t SrEirad lto..E&ffrrn B6rdr ,Ei IIOUIIIATE Prlnr Lacir Court, PrIn Bra& €oJ'[, B6aar1 Ar- Ho[6 n rnr| To th.rrOd dl Ar.r n rnrL €ryanlia, To nifl xrNuTES r0 I 650 Comm.rtcd/lnoqi!.tIIYU}ENEProp.rVE5l Srni io i.hr.. gon. .6or.Xlerchou!../ffiurtrld ap-l !o any fi.nr conalr-aird .r ,il ,ndtin9 rlll aapln . ..d lE Li grr- I'Ota, m.y !!d lD duurtlhtl v./Ddl'n ,En ., itr D.ric..dlnotr ia m4. ,hE r.cooral lnclu6ar t.dimonyrn6 .vid.nc. gpon rnich lHE lha appcd 5 fo !a bltarr.&i.E.r, ta . ,aoTlcE ofPUA C HEAADTO.€FORE THE CITY OFDAUIA. FLOBIDA t69!rdlhc tollowlnt.cquctt 'n9 NOTICE IS HEBEBY CI'V.En ]h.l lh. Clty Commi!. Bion ol th! Clty ol Dan[.Florid, on F€br!..I t, 199{.r 7i3O PM or a..oon rho..-efl6r r! lt! rnatld lrlly bc h6a.d. wlll conducl . pirblic ::T,I'in th6 Cn DEnre Clly gn Dania B.rch Oan'a, Floriclr. lo coosidsrthr lolrowine rroPor6dOrdinsnc.PETITTJN NO: YA-42- USE TIIE ruGHT FOR TIIE JOB. TOOL sEc,r ruch Drimr.v al6cTlO 4 ,h!l volno mn3 rnd rh. cIy clE.r l53 Ofic- 154 ulrJ t6i6r./8lor.!.5a .d to ar*. r ra6 Wanl€d To SantSlar... Ollb6. I c,t-?ifr Commarclal/l^oorna tloLlYlooo - t E <r'6m Ct itr E9O S..uc. To Ronl6rv - 2/1 ttootApanrrlc'r6- Hour€! FA|R ltous[{G HOLLYTOO'-2/2'.Xq EFiioEaE.erso2 SrlD - t/l ody dler.rrr r.d -1n. rrnb.d lt rna aq-l b ll- i..r-.r t.tl.r. ritrd! F.t- lr .r.... rr'ir.rr.. .i schrn€s Ehell b€ us6d d firt Wren yo: re bc 'rsod in conduclin! !'- 11ion6 Dy ut d "1s!, -'pping for s-TroN 5 Abs{i"re vol nc snarr b. i.,mrlred rr s3: 9.:1" iiT..: ltrl,: a"l I l I I ti FOR REXT E )^4 (-dcr K)r CEt.l!. () r r,rt ,1J€t 0l A,'rc,(a fE. NOTICE OF ZONING TEXT CHANGE I I IIIII I I t I 1 t I t I : I i A request has been made to.the city.of Dania to amend the text of the Zoninq codew.hi_ch g.hqllsqq th-e permitted use of rano.-rne-reqrbiils 6v'a;i"ii pi,.i.r [",#t]rror.south Florida soorts committee,.rnc. to aoo Articje Uri - i:Gl,ifib",:r:"iiL"iii'-rDrstrict - section 39-i040.1 - speciitEilepflori'UiL. ,n" proposed amendmenty€yq-lP{_s?eciar exceprion ube1s) in fre iri-i-'oiilicr and wourd specificaflv ristmotocross park as a soeciar exception use. The propoieo ier,r -cia-ns6-iilfi'il0 as follows: . sectron 39-1040.1 - specrat Exceptron us_e - The fo,owing use(s) sha, ^[SJ€f Ti::l,"Jlr,[sif :lHffi ll:[iiy%!ljr,?;*3T',"s":[fiqr;1i the Dania Zonino code p-"r!Ld_p199-eqrre-ii sitron ro.rz i,ij'io.ii Jrhe Dania Zonin! Code: ifofoiios5 p,iik-* A pubric hearing on the proposed Amendment wiil be-held at 7:30 p.m., February 8,1ss4, at .Dania citv Har, ioo west Dania Beiifi-aourerid, i,I;i;: riJliii]rnrr [:"JS::tI"Xff '.T5Itrfi:Sj"Xlf Seffi :'ttn"?,l$:illi*;*tl#fiXltf 'Sflf, ;Management Department, ouring-weeioiys-uetrivJJn the hourJoi 6,eo ;.il.";no5:00 p.m. ELlEi 0,t, OO-TY Or DARflA I Jt DAlfll BElcti lxsEt I 'l ;l "rff\li-c_J 5 I& Any person who decides to apoear.any decision made by rhe Dania city commission with reoard toany matter considered ar this'rheeri"gbi Eaiilb';iri"""o'i1efiro of the proceedings and,o-r,suchpuryose mav need ro ensure thar i verbatim'recoro oi tnJpioceeoingS is -;iJe]-;#d-a;; inctudes the testimony and evidence upon wnicni[e iil;;ii. i; be based.,f- B I i I l\ f N, / I I / , I I I ,, NOTICE OF PUBLIC HEARING BEFORE THE CITY COMMISSION Of the City of Dania, Florida regarding the following requested Zoning Text Change Ordinance NOTICE lS HEREBY GIVEN that the City Commission of the City of Dania, Florida on, February 8, 1994, at 7:30 P.M. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Meeting Room of the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida, to consider the following proposed Ordinance. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING SECTION 39-1040 OF ARTICLE LXII OF THE BROWARD COUNTY ZONING CODE AS ADOPTED BY ORDINANCE NUMBER 33-91; BY ADDING A NEW SECTION 39-1040.1 THERETO TO PROVIDE A SPECIAL EXCEPTION USE FOR MOTOCROSS PARKS IN LIGHT INDUSTRIAL (M-1) DISTRICTS; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CIry COMMISSION wlTH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WLL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EV ENCE UPON WHICH THE APPEAL IS TO BE BASED. ANN CUNNINGHAM,MN. AIDE 230 Aeea o4 ,TiCooCeroT l6rh rNa- 6 -2 PARK l) M-\ \, M-2 E5I <144-2\ HOLLWVOOD t-2 / t', ,t aF dF .JJ - 32) 8 b i \ ri\:,a\Ic o(\ @ 'n6- 45 U.R. PLAT ) ( 7 @E o 6\ \E' @ @ MAI.IOR J6)\,,6\ €) o1 n & G.ST o 6.\ \e/ ,2(45 @ R lc rC (U f-!)-{Y-aY G, IREASURE COVE VLLAS 0EcL. "29' RM.IODANIA J2) O @ 7 I 6 _q,E_r AKEWO OD R <a ,a; 95 6i;D @ @ @' BROWARD a\ G) li D;5TANCE OF 34.99 FEET; THENCE, NORTH 44"59',11' WEST ALONG THE NORTHEASTERLY LINE OF sAD LOT 18, A DISTANCE OF 49.49 FEET TO THE POINT OF BEGINNING. l/Vill Allen, GroMh Management Director addressed the board at this time and explained the nature of the variance request of Jon and Ana Ardeljan and the code regarding set-back requirements. Mr. Allen further described the area surrounding the property, the surrounding zoning. Chairman lacino called the public hearing to order. Hearing no one speak in favor or against this variance, Chairman lacino closed the public hearing. Mr. lacino brought the matter back to staff for comment. lrVill Allen stressed that the petitioner has the duty to indicate how the petitioner conforms to the criteria in Section 10.13 of the zoning code. Mr. Ardeljan addressed ihe board at this time and explained his circumstances. After discussion with the petitioner and further discussion by the board, motion was made by Mike Rozos to grant Jon and Ana Ardeljan a variance request for property located at 510 SE 4 Ct., seconded by Robert Hanis. Motion failed on the following roll call: No No Yes Robert Harris Tim Mc Leod o o N N 2. At this time Chairman lacino opened the public hearing. Tom Laubenthal, the Landscape Architect representing this item, addressed the board at this time speaking in favor of this change to the item. Jay Field of the Ravenswood area addressed the board speaking in oppoiition of this change. Shenie Coale of the Ravenswood area addressed the board speaking in opposition of this change. Hearing no one further and seeing no one further, Chairman lacino closed the public hearing. This item was then brought back to the board for further discussion. Hearing no further discussion, motion was made by Robert Harris to MINUTES PLANNING AND ZONING BOARD PAGE 2 January 19, 1994 Kim Daise Clifford lacino Mike Rozos ZT-,t9-93 - The request of the South Florida Sports Committee, lnc. to amend the zoning code by adding Section 39-1040.1 to Article LXll - Light-lndustrial M-1 District. This text change would allow special exception use in the M-1 district and would specifically list motocross park as a special exception use. The proposed text change follows: Section 39-1040.1 - Special Exception Use - The following use(s) shall be permitted only upon authorization of the City Commission providing the use(s) shall be found to comply with the requirements of Section 6.40 of the Dania Zoning code per the procedure in Section 10.12 and 10.14 of the Dania Zoning Code: MOTOCROSS PARK Dan Oyler, City Planner addressed the board at this time and explained the nature of item ZT- 19-93 which was approved for recommendation at the December 15, 1993 P&Z Board Meeting. At the last P&Z Board meeting, the Zoning Text change was recommended for approval as an added use in this district; the City Attorney felt it would be in the best interest of the City to change this request from a permifted use to a special exception use. This would allow the City Commission to review each request of this nature in this zoning district on an individual basis. approve recommendation of the Zoning Text change to allow this special exception use, seconded by Tim Mc Leod. Motion passed on the following roll call: Kim Daise Clifford lacino Mike Rozos Yes Yes Yes Robert Harris Tim Mc Leod 3 SE-20-93 - The request of South Florida Sports Committee, lnc. for a Special Exception use to construct a motocross park facility on the property located on the south side of Collins Road (SW 36 Street) at Southwest 26 Terrace. The site is zoned Light lndustrial M-1 . The legal description rs.' TRACT 9, BLK 1, AND THE NORTH 100 FEET OF TRACT 10, BLK 1, AND THE EAST 160 FEET OF TRACTS 3 AND 4, BLK 2, ALL IN SECTION 29, TOV1NSHIP 50 SOUTH, RANGE 42, EAST, A/I(A MARSHALL EVERGLADES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. LESS THEREFROM THE FOLLOWNG DESCRIBED REAL PROPERW: THAT CERTAIN PORTION OF SAID TRACT 9, BLK 1 DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NE 1/4 OF SECTION 29, THENCE EASTERLY ALONG THE NoRTH LINE OF SAID NE 1i4 A DISTANCE OF 365 FEET; THENCE SOUTHERLY PARALLEL TO THE WEST LINE OF SAID NE 1/4 MAKING AN ANGLE IN THE SOUTH EAST QUADRANT OF 90'14'15", A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE LAST MENTTONED COURSE A DISTANCE OF 225.00 FEET MORE OR LESS TO THE BANK OF A LAKE; THENCE EASTERLY MEANDERING THE SAID BANK TO A POINT BEING 49O.OO FEET EAST OF THE SAID WEST LINE OF THE NE 1/4 OF SEC 29 AND 285.00 FEET MORE OR LESS SOUTH OF SAID NORTH LINE OF THE NE 1/4 OF SECTION 29, THENCE NORTHERLY PARALLEL TO THE SAID EAST LINE OF THE NE 'Il4 OF SECTION 29, A DISTANCE OF 265.00 FEET MORE OR LESS TO A POINT 2O.OO FEET SOUTH OF THE SAID NORTH LINE OF THE NE 1/4 OF SECTION 29; THENCE WESTERLY PARALLEL TO THE SAID NORTH LINE OF THE NE 1/4 OF SECTION 29, MAKING AN INCLUDED ANGLE OF 89'45'45", A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING; ALSO LESS THAT CERTAIN PORTION OF SAID TRACT 9, BLK 1 DESCRIBED AS FOLLOWS: THE NORTH 365 FEET OF TRACT 9, BLK 1, LESS THE WEST 470 FEET THEREOF. ALSO LESS THAT CERTAIN PORTION OF THE EASTERLY 160 FT OF TRACT 4, BLK 2, DESCRTBED AS FOLLOWS: BEGINNING 76.55 FEET NORTH OF THE SOUTH BOUNDARY OF SAID TRACT 4, BLKZ, ON A LINE PARALLEL TO AND 16. FEET WEST OF THE EAST BOUNDARY OF SAID TRACT 4, BLK 2 AND RUNNING NORTHEASTERLY AT AN ANGLE OF 62; A DISTANCE OF 70 FEET TO A POINT, THENCE NORTHWESTERLY AT AN ANGLE OF 89"02'20" FOR A DISTANCE OF '123.69 FEET; THENCE SOUTHERLY A DISTANCE OF 175 FEET TO THE POINT OF BEGINNING (SAID LAND LYING NORTHERLY OF A CERTAIN CANAL EASEMENT, SAID EASEMENT BEING RECORDED IN DEED BOOK 722, PAGE 394, BROWARO couNw REcoRDS.) MTNUTES PLANNING ANO ZONING BOARD PAGE 3 January 19, 1994 Yes Yes Dan Oyler, City Planner addressed the board to discuss this special exception request by the South Florida Sports Committee to construct a Motocross park at this site. Mr. Oyler explained the zoning and the present uses in the areas surrounding this site. Mr. Oyler made reference to the handout sheet with the recommended proposed conditions to this special exception request. Mr. Oyler also stated that the petitioner has been made aware of these conditions and has agreed to all. PRIVATE SESSION REQUEST AND NOTICE FOR PRIVATE SESSION OF GITY COMMISSIONERS AND THE AfiORNEYS REPRESENTING THE CITY REGARDING PEND]NG LITIGATION AGAINST BROWARD COUNry, SETTING THE TIME AND PLACE OF THE SESSIONS AND PROVIDING THE MANNER IN WHICH SUCH SESSION SHALL BE CONDUCTED. The city attorney hereby advises the city commissioners that he and other attorneys representing the city in its legal action against Broward County desire advice from the city commissioners that will be confined to strategy relating to litigation expense. The meeting is to be held at 9:00 p.m. or shortly thereafter, on February 22, 1994, in the conference room ad.loining the regular meeting room. A certified court reporter shall record the time and termination of the session, all discussions and proceedings that occur, the names of all persons present at any time during the session and the names of all persons speaking. No portion of the session shall be off the record. The court reporter notes shall be fully transcribed and filed with the city clerk within a reasonable time after the meeting. The transcript shall be made part of the public records upon conclusion of the litigation. This session shall commence at 9:00 p.m. or shortly thereafter at the regular meeting of the city commission which starts at 7:30 p.m., by the mayor announcing the commencement and estimated length of the private session. After the private session, the regular meeting shall be reopened and the mayor shall announce the termination of the session. Frank C. Adler City Attorney TO: FROM Robert Flatley City Manager \Mll Allen Growth Management Director b.il. atu_ RE:Request For Banner By Museum ofArcheology Date February 16, 1994 The aftached letter from Emily Rushin, President of the Graves Museum of Archaeology and Natural History requests permission for a banner and a fiberglass skull to advertise the skeleton exhibit within the museum. Special permission for banners and attention getting devices is required by Section 3-23 of the Dania Code of Ordinances. City Commission approval is required as the request is for this sign to be erected for more than 30 days. The request is to erect the banner for the six month period through the end of July. The banner and skull would be located on the western wall. This building is set back at this point so the skull will not be directly over the sidewalk. Should the City Commission approve the banner a building permit should be obtained. The only concern is to make sure the skull is properly secured to the wall. WA;lc t CITY OF DANIA INTEROFFICE MEMORANDUM GROWTH MANAGEMENT DEPARTMENT ADVERTISIING $ 3-23 Ground (pole) signs ehall rDean any aignboard erect€d, conatructed or maintained for the purpoae of displaying outdoor advertising, as Post€B, pictur6, pictorial or reading mattera, when euch sign ia supported by uprights or braces placed upon the grounJ and not sttached to any part of any building. (Code 1971, g 25-18; Ord. No. 222, $ 18(c), (i),9-25-79) Edito/s note-Ord. No.222, $ l8G), enacted SepL 25, 1979, has been codifred as p"rtliS S-ig, along with a chaage ef 6stuhlins, at the diacretion of the editor, in order to facilitat€ use of the Code. Sec. 8-19. Permit-Required' All signs allowed in this articte require a permit issued by the city building departmeit, elcept thoee erempt fron permits by provisione hercin' The owner of all signs shall be responsible for the pesEit nunber appearing ou all erected sigDs' (Code 1971,5 25-17; Ord. No. 222, $ 17(a),9-25-79) Sec. 3-2O. Same-ApPlication. Before any person begins esectiou' postitrg or painting' use or maintznaace of any sign that ie not exempt from permit by this chapter' he ehall B6Ie applicotion to t'he citybuildingdepartEentandsubrditdrawingsandspecificationsaamaybenece'ssary tofullyadviseandacquainttheinepectorwit'hthelocatioa'construction'weight' materials and manner of illumination and of securing or fastcning of such propoaed sign. If the sign shall be in accordance with t'he provisions of t'his chapt€r and the city i"ifai", cod"l th"r, the building department shall isaue a permit for the erection of aay such sign upon the payment of the prescribed fee' (Code 19?1' S 25-17; Ord' No' 222' ! uG),9-25-79) Ssc. 3-21. Sgmo-Liceuee prerequisit€ to' No permit or erection or painting of a eign or neon lighting by a peraon or firo sha.ll be, issued unle8s such fiim or person ghall have fuet procured from the city an occupatio.,al license to do eign paintiDs and/or neon llshti!8' inetallation and -"irrtenance. (Code f9?f, $ 25-r?; Ord' No 222, ! f?(c)' 9-25-79) gec. 3'-22. Sene-Feel. Permit fees shatl b€ paid as provided by achedule on file ia t'he office of the buitdirrg dePartEenl (Code 19?1, $ 25-1?; Ord' No 222' ! f?(d)' 9-25-79) Croea referoace-Si8n permit fees, ! E-3OXIE)' Sec. $23. Special permission for banner sigls' Banner signs of any type, including flags and streamers, or material may be erected on a temporary basis and may remain up no longer than thirty (30) days upon approval of the building o(ficial. For banner signs intended to be erect€d for more than thirty (30) days' per*ission must be obtained from the city commission' A building permit must be obtained Supp. No. 1l 2t5 DANIA CODE from the building oflicial upon approval. Ifbanners are not maintained in good condition' they must be removed. o{ficial national and state flags and business flags or Pennants when flown with and on the same pole as said national or state flags are exempt from the provisions ofthis section. (Code 1971, $ 25-18; Ord. No. 222, $ f8(a),9-25-79; Ord' No' 4, $ 1' 2-22'83) Sec. 3-24. Reserved. Note-See the editor's footnote to Art. II of this chapter' Sec. &25. Signs creating hazards' No sign or rupport shall be placed ia guch a Position or rDanner at to obstruct oI interfere, eitber physically or viaually, with any fire alarm, police alarm, traffic sigaal or sign or aDy device Eaintsined by or under public suthority or in8r6s or egtess frotn any public or private right-of-v;ay, roadway or driveway' (Code 1971, $ 25-18; Ord' No' 222, g 26-rE(d), 9 -25 -7 9l Sec. 3-26, Iudecent or ob.cele diaplayl. No eign shall dieplay any stat€Dent, word, charact€r or illustratioD of any obacene, indecent or imEoral nature. such charactere or illustrations shall include, but need not be liEittd to, the characterization or gilhouette of a nude figure or the words nude, topless or bottomless. (Code 19?r, $ 25-18; Ord. No.222,5 lE(e)' 9-25-79) Sec. 8-27. General malntenance. All signs muet be Lept in good condition and neat app€araDce and every eign' tDgether with its frsmework, bracee, aDgles or other supports, eball be msintaiDed in a aafe condition properly secu?ed, aupportod and bracsd and able to withltand wind pressrre ae required by the South Florida BuildioS code or any other regulatory code -or ordinance in effect within municipal limita. (code 1971, $ 24-18, S 18(0,9-25-79) gec- 8-26. Palated .lgi!. oE trubllc DroDcrty' PaiDt d siSrtt ot etre€ts, sidewsllr or other public property are not allo*ed other than thoee ptaccd there by public authority for the convenience and eafety of the public. (Code rgll, S 25-1E; Otd. No. 222, g l8(d,9'25-791 8cc. 8-29. Snlpo clgue. snipe aigns of any material including paper, cardboard, wood or metal, shall not be tacked, nailed or fastenod in any manner to treea, posts or other obiectt on public property where such eigas do uot apply to premieeE whereon it is located. (code 1971' 3 25-18; Ord. No. 222, S rE(h)' 9'26'?9) Sec. 3-90. Verlalcor aad elccptloar. The city eommieaion 6ay, upoD proper application being made, grant a variarcl porEit or erceptional porrnit to peroit ttre coDstruction of any tlpe of eigD prohibit d by thir chaptar, provided that ouch varianco permit or cxcoptiond p€rEit it raDt d suPP Nc ll 216 SlGL! Any display ol characters, Iette6, illustratiohs or omamentations.Slc S?RUCTUnE: The comor omamentations may b" "rp*tl; 3l";;ruclure on whlch such characters, leters, iflustrations 42(13 ERECTTOT PENIIITS 4203.1 PERll|" iEeUtBED: Noma,ntarned or rerocared un,,, " 6r,,6,j19ll31ure shallbe hereaftererected. consrruoed, arrered, any etectnc construct,on in "onn""riol9.Trmrt. tor a 9gn structure and/or an etectnc permit forsr,e,e,n ,rosisn;;iil;"."Jiliii"',T:,"#:i:ii!iii,T.::,ff:f.X,"","",'^!"Jll,"JTi: excepr the changing of copy ot a bulerrn bo",o o, po"l", lJ"Io.-or. -rr.iil ". repainrng anexrsrhg srgn; until application has been made and a permrt theretor issued by the Burtding Ofljciat.EXCEPT|O S! (al Ofijcial lraflic sions or..sign ,slructrrres anc, provisional warntng signs or signskuclures when erected by a tegati consritui"a gor".,ng b;vi.- .u.n ",nn" o, lo,n'.ilnnlift:%tj:iH1t :':'ed in conngctisn w16 .ew consrrud,on work, where only du-ring *d il;;;i;;fi.s^ueed two feel m height three leet in wi.rh and are disprayed are rocarei ar tne site "iin" i""iiii,r'iiiln"1fl.[,i*: in prosress, and provided "r"ti ir6n" 4203.2 APPLICAYIOTa: (.1 The Buildinq OfricEl rh?y request wrinen clnsent ot the property owner when;i:[T:itJilji#::;:lt i:13?:""J#::;,it"r; ;*u "ll"n?xl'"1i"3" ;n,"n,," .d" . (bl Appli€tjon tor permrt freer In area shar be accepted ont, tro:tl1:P:Td "igns or sign slructures exceeding 24 square firms sha be, """-J""i" "iii"L;;:.!"xli"d pers,ons or firms. oualificarron ot persons oi ol conskucllon tradesmen_ .ate otdinance provided ,or qualirication and cerlirication and ob,iousry(:l#;"t"'"5[:,ff:l"J T:v-.*:i'9 the requ'|remenr ror prans ror rerarivery $na attecred rnerdby, o'ri#n"Ji""",#'i"""1T]T "ion".*t'"n' in his oprnron. no puutic sirery r property o, to, iignJ U'e requiremenl 'or such plans tor construciron over juitiJ 42(,4 tNSPECTtOL [ffi1"".*=":"t:".JJf.:::f],i".,,1:].r"1,ithorder sharr requesr a srruaurarand erecrric€r orlne wo*. The permit holder shallorovial 9sl a,tinal inspec'tion within 48 houIs ot the completi;; lo rnake rhe inspectio; .**"v'vruea ladder' o' such other equipment as may be necessaf, #;t:':,yTr"l,i'":.:t"":::',*""":sJ"t"-lLl " be.unsate ar any r,me shar be ordered ro be removed, as set forth in Section Z0Z hereillrEe, such sgn is nor made safe, it shat, be ordered (dl Computations, stress diagrams and stress c€lcu shall be submifled tolationsshow the slructural sufficiency ol the sign and its rts wheae required by the Buitding Otticiat;suppoand the apptication lor permit tor all signs, other lhan a sign painted oh a wall,exceeding 24square feet in area sha be accompan ied by plans prepared by, and bearing lhe rmpress sealot, a Regist€red professional Engineer 42-2 ti jurisdiction, ppiica on lot rlrmpe shall be edaccompani suchby dG andaaslewangsadvisefullyandthintacquaeBuildingandOt icial,such otheaulhoriti regulaloryhavinglocationconstruclion,wejght materials,o,methoclsmanne secuiolnumrnatiandnng,s toadvenisements be caaried. (cl necessary to .*' Th ,.G a.v :€.M z '. al'.' -.1 'r -,,/: J:. '.,useum ; \--1t\- s ofARCILIDOITOGYA.TD,T,TTfIR]IL HISTORY Operated by Broward Counly Archa.ological Society Date: February 15, 1994 To:The Dania City Commissioners From:Broward County Archaeological Society, lnc. Graves Museum of Archaeology and Natural History Contact:Emily Rushin, President 925-7770 Re:Permission for skull and banner sign through July 1994 The Graves Museum asks permission to install a foam and fiberglass skull approximately eight feet by eight feet and a red canvas sign approximately 30 feet by three feet saying 'Skeletons at the Graves Museum February through July' on the front of the museum to advertise the current exhibit. While the canvas sign is technically a banner, it will be firmly attached to the building so it does not flutter in the wind. Canvas was chosen simply because it is less expensive than wood, plastic, or metal. The skull is visually exciting; as we have been constructing it in the shop many cars and people have come by to see it. We believe it will generate more awareness of both the skeleton exhibit and the museum in general. t"/ . 1t 481 33004 ,j I I I /,1 I ( !y / ,il. ril f;itET!.9rt? =Ed! -!i; a nTJII u!! o ! ! I I E I G r{ 9 t*t l:,, t; ;lt{ !; n! 8C ; [: -a xiq lc R ) -.- ! ? Pti CITY OF DANIA PARKS & RECREATION DEPARTMENT INTER-OFFICE MEMORANDUM TO:ROBERT F. FLATLEY, CITY MANAGER FROM: TIMOTHY G. TAPP, PARKS & RECREATION DIRECTO MODELLO POOL SAMPLES DATE: FEBRUARY 18,'1994 The Recreation Facilities Consultant will direct the core sampling operation at Modello Pool. They will also make an analysis of the core samples as well as the pool shell to determine the viability of renovating the pool. The department will solicit bids from independent testing companies to determine who will take the actual samples. See attached letter from Robert Walters Architect lnc NJS a RE I v FaxTransmittal Memo 7t72t \JL; J"".?Z4z 'o'*;-- h, ?Sr a C oi r..rb,., tu Ar4, w.lzb'.)*,/tql.d W"t-4 Q^-,t iZ..a'- -- t !d Dr.r, -i vrr2/11fu rt w".S?ry-+tLg Eo.,' ficaruDrp :.::;:;.. @ t". SZZ- +r2t ffi.* ED-.' RWA ROBERT WALTERS ARCHITECTS Fcbruaty 18, 19S4 TmTryP cfrv d Danb r@ W. Ofib Beach Boulward 06fi, Florida frEO{ 8E: S.l,vindng Poot F€cDnsEuction Analysilt D€ar I[n: I rEornrEnd hd yo{, p€r{brrn a soil Et bsitg {l6lys&t..dtd lrcolrrlEndadon r€pottE Hilffi ;,4 ;A;e. r,l po"i sosuttact drrrrtcrg' Fo' ad oo'in€s $ct'ld ilfr;-';"t6-;h," d fio pooa en addtrqul bortrs 8t tlp sfiabw a l a'd an dtiod mring a tE d€€p erxt ltr a totd ol a Th. soil lEsfito bbordory Slodd rl'id(a m 4^is as b lio r€cdrm*ddiom br rgnor glfE l&se maaril wnil is oovirrty l@Ed h os EDsutlaca The EdrE SencY shodd abo do tm) coto s'!flptss ct th€ oETEBD pod gab rd wal ;;;d,&*-f.ir*#" c cons* ftil srvrgth' st€l condlb4 c*c' uoon obl*trg ttEs€ r3porB, I wll hav€ qlr sJ]€o'rsuldng sfiucntd €ngh6tq G'IIA ;fil ;il;;rE tti" od.r ""re recomnEnddorEfrr rscdrstl'Eddl. Pb6€ cal f fr nsri rty adddond qrestiorts or co'lcenE wa[€rs,AIA Hsry8bb !2os.E.lgTgTnEETFT.LAuDEnoALE,FLoat0^3o3ol(3o6)c2?-.'23 FEB-1EF1994 1B:4@ P.@l GITY OF DANIA FIRE DEPARTMENT INTER-OFFICE MEMORANDUM TO: City Commission FROM: Robert F. Flatley, City Manag RE: Proposed Port Everglades lnterlocal Agreement DATE: February 17,1994 Attached is the latest copy of the much-revised Port Bill. Actually, there are four bills submitted to the Legislature: * City of Hollywood's Bill* lnterlocal Agreement Bill (attached here)* Port Business Bill (cross-jurisdictional)* Rep.Geller's Bill lf the attached interlocal agreement gets resolved, the other bills will disappear. The only remaining issue is the compensation issue if land is purchased by the County after November, 1994, how will the County reimburse the cities for lost revenues. nd Attachment t$ b E-tl 4B Sun-Sentinel, Wednesday BOB LaMENOOLA e county could pay cashclve the city land,allow thetoannex other land or donate ser- , Februart6, 1994 city s 9pgpfy* may pay Holllrood for - Iost tax revenue Ii trator B. Ja vices to the ci ck , County Osterholt said on ty Adminis- Tuesday. Commission and give the Dort tothe county. . Abo.u.t three.fourths of the Dortrs within Holly,wood, which tof-lects property taxes on privatelyowned land. public laia is noisuDJect to property taxes. _ About one-fifth of the port is itrFort Lauderdale, and Dinia hasthe rest- - Hollywood fears Iosing at leastSI0 million in properly taxesover the next 30 years if the coun_ty buys land to expand the Dortatter the takeover"There must be comoensa-tion," Finz said. The main land in questior is275 acres h Hollywood where Mi-chael Swerdlow Cos. bad envi-sloned a 9200 million marina oro- .yect. The company no* wants thecounty to buy the land: no dec!sion has been made - Broward commissioners saidthey -are not keen on paying anycr[y tor lost property taxes everytrme the county buys land."It's a dangerois Drecedent-,,County Commissionei Lori pri-rish said. "We're going to startpaying Fort Laudeidale when weput up a homeless shelter orPompano Beach when we expand l- aP !a ?, ,d the detention center.,, ,Thg dispute is a big obstacle to ,pendlng state legislation that sets rcounty and city powers at t]lpp-on after the tai<eiver. tt not s.i ll"9: Lgth sides predict a courttrght. That would sully the por srepntation and its ability io at-rract new businesses, Oiterholtsald- OTHE R ACTION Also on Tuesday, thecounty commission: I Learned an extra $.14 millionmay be needed lo continueexisting services in lhe bud-get lhar srans Oct. 1. Thatdoes not tnclude monev forpflority rtems such is ahomeleSs Shelter. l I 8B p rl e p s to reimburse m To settle an l8-month of I Set up a commr[ee lo lookrnto $48,000 o, unoaid rentby Charcuterie Too, a reslau-ranl rn ihe county Main Li_brary. County of licialswrongly let lhe restaurantpay only pa.liat renl for th6pasl two years. But officialssaid the renl o, $3.551 amonth may be too hioh. I Allowed the County Attorneyro go to court to shut dow;an illegal and po uting grouoor nouseboats al 4400 SW42nd Tenace near Davie. Aileast three boats had sunkandrri erettockrng the Dania I Urged Gov. Lawtoo Chitesnol to cut money trom theslate budget to pay lor urbantoreslers. The ,oresters over-see wooded areas, oromotepreservation and find granls, FE9-r._':14 tEH t4r:9 lDt I!rng!laI!. 2-1!-ra ?o T}G ]NOIIAFD cowrY torrD gf corran/ cotlLl!'ltllllil ^oQ.O!IilI..rl ?r? g!8c{lt:6rr lrglclaelw ItN't ntlrfiroi.fd fF ffiFffiffi#-ffi ffi#h#i,nT*iffiffi##.i$Lut ffi$,rxrffii'Hffi,##iitr#f' D.tr 2-1a-94 tE lar.ld lo tt{,.6gc{aa Oalt'ar lurll sl ldC{qrt ldsfltalctt: lat tartlErhlDlll Do.IIr.l[l lcrmllrrr[ Ea{varlrtrAafirEII CITY HFI.IAGER FT. L.DLE P.A4 AGENDA REPC}HT DoEc E111 coq$gY ?ga!Dor!r!11 FEB!14-19E|4 16; u€ BROWARD COUNTY LEGISLATIVE DELEGATION f Representative Steven Geller Chairman Senator Matthew Meadows Vice-Chairman REPRESENTATIVES 95O N6h Fd.nl Hiah-.y, rllr9P6r.n Beh. FL 33062 .1300 NonlEd 20rl Tru. *aolFd t-uLdrle FL 3.ItlX r28 30did Fid SlaPn kud.ta PL 33301 612 Nodn Andrwr AvmE Fon L&ud.daL, FL 3331 I R.r. Jorphu E &lhrim LuLd.L Lil(a FL 33319 C@iu. CElc FL 33{tll 2929 Univdity DviG ,a)0 R.r. D.bbi. W.@ S.hdE 13090 Wd S& Ro.d aa {D Nr6€ 73.d AIKE 1000 S..rdr F.dr.l Hiallny.ll(EFd l-luLrd.la FL f,tr6 ,1000 HoUFlod Bdhv.rn, til3l,NHoupo.d FL 33{t2167.k l25O Bd tl md.l. B€.}i SENATORS 25aO Norir! IltiE rr Tnil ,62 612 SouttEur sth Av.nu. 13Fd ll'id.rdtte FL .13301 AnO Ed Orld.d P.rL E uLhriFd lad..d.lq FL 3]t06 Sd.d llo*rd Ftu{m Hofly-dn Bo{r*rd, ra,roNH6llrrdrL FL3lO2l67.ra S...b P.Er M. W.iMin 7&O Nrih (rniEiry I>i*. r30t Honorable Bobbie Grace, Ivtayorcity of Dania 100 west Beach BoulevardDania, Florida 33004 Dear Mayor Grace: Attached is a copy of the final draft of thefnterlocal Agreement relating to the transfer of the governance of Port Everglades to Broward county. As you know, this proposed agreement represents many months of negotiations among the parties involved:Port Everglades, Broward County, and the Cities ofDania, Fort Lauderdale, and Ho111'wood. It embodies our best efforts at compromise on a variety of issues. I am hereby requesting that the proposed agreement beplaced on the agenda for the next City Commission meeting and considered. If you or any member of your Commissj-on should have any questions concerning the Interlocal Agreement, Ior a member of the Delegation Staff would be happy torespond. Thank you for your consideration. Sinc Steve cel Chairman er SG: DKS : y1 Attachment cc: Mr. Robert Flatley David Sigerson, Executive Director Eugeoe Steinfeld, Delegation Counsel Bmward County Governmental Center. I l5 Sourh Andrews Avenue, Suite {29, Fort Lsuderdde, Florida 3330t . Phone (305) 357-6555, SUNCOM 442{555 January 24, L994 Sar.d M.n Et M..dor 2701 Wd Oill.d Prrl aqJ.rrd ,l0l Fon kukiq FL 331I TMTERLOCAL AGREEMEIIT PURSUANT TO CHAPTER 163, FLORIDA STATUTES,BETI{EEIiI: PoRl EVERGLADES AurHoRfrY, crrr oF HoLlywooo, Eonroe,CTry OF FORT LAI'DERDA.LE, E'LORTDA, CTT' OF DANTA, ELORTDA,A}ID BROWAFD COUIil:tY, ELORIDA AGREEME}I:T fhis AGREEMENr made and entered i.nto this day of1993by and between the PORT EVERGLADESAUrHORITY, an pendent special distri ct of the State of Florida,its successors and assigns, hereinafter referred to as ',Authority, r' and the City of Eol11nrood, a munici pa1 corporation of the state ofFlorida, herelnafter re f erred to as rrHo1l1n"rood, " and the CityofFort Lauderdale, a muni cipal corpolation of the State of F1o ridahereinafter referred to as rrFort Lauderdale, r'and the city ofDania, a municj.pal corporation of the State of Florida hereinafterreferred to as itDaniartr and Broward County, a politic a1 su.bdivisionof the State of Flori.da hereinafter referred to as rrcou.nty. r' I{ITNESET H: WEEREAS, the port Everglades District is a special districtgoverDmetrt created by special act of the Legislature, which hasexisted siace 1927 and has acted as the port Autho;itt withinBroward County since said tine; and WHEREAS, since 1959 the port Everglades Authority has acted asthe autonomous government for the port jurisdictional area forcertai! functious as provided for i.n chaptLr gg-427 of the Laws ofthe State of Florida; and WHEREAS, the Port jurisdictional area encompasses portions ofthe incorporated muoi.cipalities of Eollyrood, Fort Laud.irdale, andDaaia within Broward County, Florida; and .!HSEIS, Chapter 89-427, of the Laws of the State of Florida,provided tlat the powers of the port Everglades District, when inconflict hrith the muni.cipal porrers within the port jurisdictionalarea, would supersede said municipal powers in certaincj.rcumstances; and WHEREAS, the tegislature of the State of Elorida passedchapter 91-346 of the Laws of the state of Frorida which traisfersPort Everglades District to the charter government of Broward.County, Florida; and - IiIIEREAS, Broward County interprets Chapter 91-346 of the Lawsof the State of Elorida to grart it, as the successor of the portEverglades District, fuI1 powers that the port Everglad.es Districthad rrithin the Port jurisdlcti-onal area; and WHEREAS, the cities of Hollyvood, Fort tauderdale, and Dania are assured that they have wi.thin the Port juri.sdictional area the fu11 powers of municipal home rule as provided for under ArticleVIII , Section 2 of the Florida constj.tution, and chapter 165 of theFlorida Statutes i and WHEREAS, all parties believe it is of the utnost imPortance to the citizens of each rmrnicipality and of Broward County as a whole,to ensure the continued existence of Port Everglades as an assetfor all the parties; and WEEREAS, Blo!'rard county wishes to provide services to the Portcontractually pursuant to its power, as provided in chaPters 89-427 and 91-346 of the Laws of the state of Florida, to the extent ofthis Agreement i and WHEREAS, the municipalities of Eollprood, Fort Lauderdale, and Dania wish to provi.de contractual services to the extent of this Agreement pursuant to, and in recogmition of, their home rulepowers as provided in Article VIII , seetion 2 of the Floridacoostitution and chapter 165 of the Florida statutes, . their respective munS.cipal charters; and WIIEREAS, the parties hereto are desirous of entering into anInterlocal Agreement in order to address issues of concurrentjurisdiction aad to eliminate anY conflj.cts between the parties andfor the parties to effectively and efficieotly continue to provide municipal services to the Port Jurisdictional Area; and WIIE:REAS, the partj.es hereto recogmize that the Authori.ty,pulsuatrt to chapter 9L-346, Laws of Blorida, is scheduled to be dissolved on November 22, 1994, and to have governmental functionstlansfelred to Bro$rard County Government i and WEIEREAS, each party acknowledges that the other may have adifferent interpretation as to the meaning and effect of chapter 9L-345, Laws of Florida, aad that by execution of this agreenent aorights of any party are waived except as may be specificallyprovided by this agreement, Now, SEEREFoRE, IN CoNSIDERAIIoN of the promises and mutual covetrantshereinafter contained, the parties hereto agree as follows: ARIICLE I: PURPOSE 1.1 The purpose of this Interlocal AqEeement is to coordiaate and desigmate the exercise of authority and responsibility of therespective parties regarding the providing of goverameutal servicesto properties in which the Cities and county share concurrentjurisdj.ction with the Authority. It is the intent of the parties hereto that the exercise of concurrent jurisdiction within their respectj.ve areas of control shaI1 be governed by and interPreted to -2- be consi.stent hrith the terns of this Agreement and are not intended.to impair or limit arly of the Cities' "home ru1e,' powers pursuatrtto Chapter 166, Florida Statutes. L.2 Each party to this Agreement acknowled.ges that it believes ithas certain rights, privileges, and powers pulsuant to chapter 91-346, ta$rs of 8lorida. Accordingly, the execution of this Agreementby- eac! party shall not be construed as a waiver of any rightswhich it believes it may have in accordance with 1aw or equity,except that no party to this agreement sha11 initiate,support, intervene or othert ise prosecute any actioa or proceedingwhich is inconsistent hrith, or contrary to the terms and conditioniof this agreement so long as this agreement remains in effect. ARTICLE II: DEFTNITIONS For pulposes of this Interlocal Agreement, the following tsermsshaLl have the meanings ascribed to therein: A. Areas of Concurrent Jurisdi.ction: lhat certain property lyinghrithin a municipal boundary and also- 1yin9 within the port Juri.sdictional Area. B. Port Jurisdictional Area: encompass g areas w Itrat certain real propertythe municipal boundaries ofEollyrirood, Fort tauderdale, Dania, and unincorporated BrowardCounty, vJhich together comprises the seaport krtown as rrPort Everglades[ and which property and improvements the Authorityhas jurisdiction over pursuant to the charter of port Everglades, which property is more particularly described asthe Port jurisdictional area in Chapter 89-42'7, Laws ofFlorida, as .tmended, or as subsequently amended by Leg.i.slativeAct. D. Unilrcorporated Area:fhat certain property lying within thebEundEiies oE--unlncorporated Broqrard County which is alsolocated vrithin the jurisdictional boundaries of the PortJurisdictiotral Area. ARTICLE ffl: PoWERS RESPONSIBILITIES A}ID OBLIGATIONS 3.1 LAW E}IFORCB4EIIT SERVICES In order to ensure the orderly, efficient, and 1awfu1 operatioa ofPolt Everglades, the Authority 5-s required to maintain continuousand uninterrupted law enforcement and security to safeguard thepersons and property at Port Everglades. The parties to thisAgreement recoqrnize that the Citi.es and Authorj.ty each have certainresponsibilities hrith regard to their obli.gations to provide andperform certain law enforcement services. It is the intent of thepalties to establish by this Agireement the basic respoDsibiu.tiesof the parties as follows: -3- 3.1.1 Authority and county, as successor to the Authority,intend to continue to contract with the Broward Sheri.ff 'soffice (BSo) for basic and primary law enforcement services insulstantj-aIly the manner described in the contract betweenPort Everglades and sheriff attached hereto. The Citiesconsent to and acknowledge this arrangement and will use theirbest efforts to cooperate and work with BSo in a manner thatwill a1Iow BSO to fuIly perform j.ts co!.tract rrith the port. The parties further recogrrize and agree that nothing hereia isintended to diminish or take ai,lray any Iaw enforcement po$rersthe Cities may have pursuant to 1aw, and the parties agtleethat the cities of llo1l1nvood, Fort Lauderdale, and Dania shallcontinue to have fu11 police powers within their respectivemunicipal jurisdictions. 3.L.2 fn the event the Authority, or its successor BrowardCounty, requires Iaw enforcement personnel for a rrspecial Event,rr (which is defined to mean a planned, scheduled orknown event occurring within the Port Everglades 'Jurisdictional Area which requires increased 1a!, etrforcemeat,traffic or securi.ty services), the following protocol sha11 beobservedi (f) Ihe Authori.ty or County as successorsha1l require the spoosor of the Special EveRtto provj.de Bso or the City law enforcemeatagency, as the case may be, reasonable aoticeof the need for law enforcement personnel. The sponsor of lhe Special Event sha1I furtherbe required to pay the Iaw enforcement agetrcyall reasonable costs for the servi.ces renderedin accordance with the established policy ofthat law enforcenent agency. 3.1.3 In the event the Authority or its successor, BrowardCounty, requires 1aw enforcement services for an t'Emergency Eventrr (which is defined to mean a dete:miaation nade by BSOor other 1aw enforcement agency having jurisdiction over amatter of the occurreoce of a civil disturbance, act of God,crimj.nal matter, or any other urgent or emergency conditj.onwhich threatens persons or property and which exceeds thecapability of the primary 1aw enforcement agency), the Citiessha11 agree to use their best efforts to make their 1awenforcement agencies available to trback-up, t' support, andcooperate srith the prinary 1aw enforcement agency. 3.2 EIRE PRC}:CECTTON SERVICES Authority curreatly maj.ntains a fire department rrrithin the portJurisdictional Area which includes specialized equlpment andtraj.ned personnel to fight petroleum and vessel fires as well ascombat pollutant spi11s and perform fire inspections. the parties -4- the Cities may perform fj-re inspections within the PortJurisdictional Area within their City and may charge reasona5lefees in accordance with City ordinances for fire inspection servi.ces, except that the Cities sha1I not chargte aay fee for fireinspections made to any fuel or tank farm or any facility which hasthe poteotial of creatj.ng a severe petroleum-based fire. TheAuthority and its successor Broward County may perform fireinspections rdithin the Port Jurisdictional Area and may charge reasona-ble fees, in accordance with 1aw, only for fi-re inspectionsfor fuel or tank farms or any faci.lity which has the potential of creating a severe petroleum- based fire. It is the intent of thissection to have the Cities assume the primary responsibility (and charge fees) for performing fire inspections for buildi.ngs andstructures within their respective munici.palities aad for theAuthority to have the prj.mary responsibility ( and charge fees) forperforming fire inspections to those facj.lities where risk of a petroleum-based fire is present (e.9. fuel and tank farms). Nothing herein is intended to abroqate or be inconsisteot with any existi.ng mutual aid agreemeot executed among the partj-es relatj.ngto intergovernmental cooperation for assi.sting each other with fireprotection services. Ehe parties further agree to coopelate and comruaicate with each other to enhance the delivery of fireprotectiotr services and to schedule j.nterdeParEuental dri11s when necessary and to take thej.r best efforts to maintain the currentPort Everglades Iso ratings. 3.3 E,TERGENCY MEDTCAI SERVICES Authority currently provides housing for County EIlr.S personnel atPort Everglades which is part of a zone which includes the PortJurisdictional Area. Authority, through j.ts fire department,generally provides the first response to a request for Eus serviceswithin the Port Everglades Jurisdi.ctional Area. county isresponsible for providing basic EltS services and advaaced lifesupport EilS services wj-thin the Port Everglades ,lurisdictionalArea. Ilollyvood agrees that it sha1I continue to provide EI,ISservice and continue to include within its Eltls zone John U. LloydState Park. -5- acknowledge that Authority and its successor Broward County sha1lhave primary incident conrnand responsibility over petroleum-basedfires and shj.pboard fires wherever located within the PortJurj.sdictional Area. The Cities sha11 have primary incident command over structural-based fires and hazardous materialsincidents located within the Port Jurisdicti.onal Area within theirCity. The party responsible for having primarf incident comtrand of any particular situatj-on sha1l consult rrith and allow the preseBceof the Authority or City, as the case may be, in the corunandcenter. Nothing herein is intended to abrogate or be inconsistent with anymutual aid agreement executed a.mong the parties relating tointergovernmental cooperation for assistingr each other with EIus.3.4 WATER A}ID SEWER SERVICE (i) The partj.es hereto recognize that at present there issewer service available within the Port Jurisdictional Area to the developed portions of property lying in theareas of concurrent jurisdiction, pursuant to thatcertain Large User lvaste Water Agireement between FortLauderdale and Authority, dated February 27, L979, J.ncorporated herein by reference. (ii) The partj.es hereto recogmize that at present there i-spotable water service available within the developed areas of Port Everglades, pursuant to that certain LargerUser Agreement between Authority and Fort Lauderdale, dated Januar:' L6, 7973, j-ncor;:orated herej.n by reference. (iii)the parties hereto acknowledge that the sanitary sewerservice and potable r.rater service being provided by theCity of Fort Lauderdale encompasses areas within the Cityof Hollywoodrs municipal limits within the PortJurisdictional Area. During the term of this Agreement,the parties hereto agree to acknor,vledge and recogmize the agreements described in sections 3.4(i) and (ii) as validand binding agreements. Ehe City of Eollytrood'srecognition of the validity of these agrreements shal1 inno rray affect the city of Eo11l'wood's right to provide such water aad sewer services pursuant to its home rulepovrers, in the future to those areas within the Clty of Eolllnuoodrs municipal boundaries upon the expiration ortermination of the agreements referenced in Sectioas3.4(i) and (ii) above. For all new water and sewerservices required within the City of Eollfrrrood'smunici.pal boundaries which are not iacluded withj.n the agreements referenced j.n Section 3.4(i) and (ii) above,or folloiring the expiration or termination of said agreement, the City of Ho1l1vood shall have the right offi.rst refusal, to provide water,/or sewer services priorto the City of Fort Lauderdale providing same 1n accordance with agreements above referenced. The City of Eollyrvood must exercise its right of first refusal oneyear prior to the expiration or termj.natj-on of the agreements referenced in Sectj-ons 3.4(i) and (ii) above and there shall be no interruption or unavailability ofservice. Should the city of Hollpood exercise its rightof first refusal, it must provide rates which are competj.tive with the cost of service if purchased fromthe city of Fort Lauderdale, and will be permitted to usethe existing service 1.1-nes, under the sane terms, as arecurrently being used by the city of Fort Lauderdale. -5- 3.5 MATMTE}IANCE SIGNAGE AND DREDGING (i) Maintenance of dedicated roadways located withj.n the port Everglades Jurisdictj.onal Area sha11 be maj-ntained inaccordance with the terms of the existing Broerard CountyTraffi.c Engineering Agreement currently in place wj.th theClties. Any other mai.ntenance within the dedicated roadways not encompassed by the foregoing Agreemeat shallbe performed by the Authority or its successor Broward.county, at Authority's (or successor's) e:q>ense, hrithj.nall areas of concurreot jurS.sdi.ctioo. (ii) Authority and its successor Broward County shall continueto be responsible for street sweeping and shal1coordinate street regrulatory sigmage and stripingthroughout the Port Jurisdictional Area. (iii) Authority and its successor Broward County consents tothe Citj.es posting welcome sigms at Port Evergladeswithin the limits of thej.r municipal boundaries. Saidsigrrage will be placed at cityrs expense, by Citytsdesigm, and sha1I include Authorj.ty and county logros. Such sigmage sha11 be done in a unj-form and coordinated manner. (iv) fhe parties hereto agree that Authority and its successorBrosrard County sha1I continue to have exclusivejurisdiction a.rrd provj.de, at its erq)ease, maintenance and dredging of applicable portions of the I.C.!{. aad PortEverglades berthing facilitj.es as well as apply in its own name for federal, state, and,/or local grant monies to accomplish same. (v) Authority and its successor Broldard County shall be respoasible, as between the Parties, for maintenance ofall open storage areas aDd docks and berthing facilities located withia all areas of the Port jurisdictional area.Further, the Authorlty and its successor sba1l be responsible, amoug the parties, for debris removal fromthe rraterways and for railway crossiog maintenance andrelrair. 3.5 CODE E}IFORCEMEIIE A}TD OCCI]PATIONAL TICENSES (i) fhe respective Cities sha11 have priJaa:iir responsibi-1ityfor providj.ng code eEforcement servj.ces !,tithin the areasof concurrent j urisdiction. (ii) All occupational licenses required by a City or countyfor business located within its muaiciPal or corporatelimits shaLl be issued by such city or county uPoa ProPerapplications being sr:.bmitted and applieable license fees -7- being paid. Hollyrood, Fort Lauderdale, Dania, and the county have the right to enforce this requirement as wellas other municipal code requirements througrb theirrespective code enforcement deparunents. 3.7 ZONING AND BUII.DING SERVICES Planning and zoning services are currently provided at thePort $rithin the municipal boundaries by the respectlve citiesas vested j.n each city under chapter 153 and 165 of theFlorida statutes and the respective citiesr chalters. Hovrever, the parties hereto agree that it is in their mutualbest interest to provide for a uniform zoning code within theareas of concurrent jurisdi.ction. fhe parties therefore, bytheir execution of this Agreement, agree to be bound by theterms and conditions of the Port Everglades DevelopmentDistrict, hereinafter referred to as the rrP.E.D.D.rn forproperty lying within the Port Everglades ilur j.sdictional Area. The parti.es further agree that the P.E.D.D. sha11 remain lneffect ( unless amended by the unanj:rous consent of all partiesto this Agreement ) until- such time as the parties hereto have agreed upon a single and uniform zoning code for the entirePort Everglades Jurisdictional Area. The parties hereto acknowledge and recogrrize the need for a uniform zonj.ng codethroughout the Port Jurisdictional Area. In recogmition ofthe parties I mutual interest j.n and concern for a uniformzoning code, the parties agree as follows: (i) Authority, County, and Citj-es shall each direct theirappropriate staff to meet together oa an inunediate aad erq)edj-ted basis for the purpose of creating and draftinga single and uniform zoning code. It being the expressintent of this aqireement, and the parties, to generate asingle zoninq code that is accepta.ble to all parties andthus capable of adoption in the identical form by eachparty hereto. Any future ameadments to the zonj-ng codewould require the approval of all of the parties to thisAgreement in order to be effective. Any future amendmeEts to the zoning code would require the approvalof all partj-es to this Agreement in order to beeffective. During the interim period while P.E.D.D.zoning remains in effect and thereafter when thecontemplated uniform zouiag code is enacted, each City orthe County sha11 administer the applicatj.on of theapplicable zoning code for properti.es located withinthei! respective jurisdj-ctj.onal boundarj.es. ( ii ) IIo lIyr^rood, Fort Lauderdale, and Danj.a sha1l be the locaLgover rent agency under Florida Statutes, Chapter 380,with jurisdiction to issue development orders for anyproposed DRI located within their respective municipal -8- (iii) boun<iaries. And Broward county sha11 be deemed the local government agency under Florida statutes, chapter 380, inthe unincorporated area. The parties agree that all building permits andcertificates of occupancy for construction within themunicipal or corporate boundaries of Ho1l]'wood, FortLauderdale, Dania, or county sha1l be applied for, andissued by the respective goverrunental entj.ty, and allfees for same sha1l be retained by such entity pursuant.to j.ts ordinances and regrulations. (iv) lhe parties hereto recogmize that construction withj.n thePort Jurisdictional Area has a regi.onal affect and recognizes that time is of the essence as to the issuanceof any permits, and therefore agree to Process anybuilding permit applications filed by Authority and its successor Broerard county on a prj.ori.ty basis. AR?ICIE IV: EIJIIURE PROPERIT ACOUIRED BY COITMTY 4.L In conslderation of mutual promises and benefits exchaaged herei.n and to further resolve disputed issues and c laims which havearisen as a result of Chapter 9L-346, Laws of Elorida, Coulty agrees to pay municipalities, in accordaace with this section, monies in the evelrt it acguires real ProPerty located htithin areasof concurrent jurisdiction. ftle paf'ments of these monies by county serve a public pu:rpose and Promotes harmony and efficj-ency in the delivery of gover nental servj.ces by aL1 parties to this agreement. 4.2 In the event county acqfuires title (in this regard acquiringtitle or purchase sha1l mean - any purchase, exchange, negotiated sa1e, condemnation, or any other method of coaveyence ) to any real property located lritbiD a municipality, aad within or coatigruous tothe Port ilurisdictional Area and, which real property is acquiredfor the use and benefit of Port Everglades excludj-ag such prope::ty acquired for road right-of-way Purposes, the county shal1 pay to the affected municipality the following sum of money: 4.2.t If the Countyr s acquisiti.on of real property j-s suchto getrerate revenue, then the county sha11 pay to the city aurnnu3l paynent calculated in accordance with this section for the duration of this agreement, or three yeals, whichever isgreater. fhe amount of ehe annual Payment sha1l be calculated by m-rltiplying the municipality I s tax millage rate in effectat the time of the acquisition by the fair market value of theproperty. Absent exigent circumstances there is a rebutta-blepresumption that the fair market value is the purchase pricepaid by county. In the event a municipalj.ty believes the purchase price paid by County does not represent faj.r market value the munj-cipality sha1I within 90 days of the recordationof the deed provj.de written notice to County of its intent to -9- submit this matter to binding arbitration in accordance withthe Arbi-tration Rules of the American Arbitration Association('AAA"), by a three-pelson arbitration pane1. The partyseeking Arbitration will give notice thereof and of the i.lsuesit wishes arbitrated, and will designate an arbitrator in suchnotice. The other party will designate its arbitrator, andany additional j-ssues it wishes arbitrated in the sameproceeding, within thirty (30) days after receipt of suchnotice. The thro arbitrators so selected wj.1I agree upon athird arbitrator within fifteen (15) days thereaiter. -If asecond arbitrator has not been desigmated within the thirty(30) day period provided thelefore, the first arbj.trator wi1lunilaterally desigmate a second arbj_trator and those teroarbitrators will constitute the arbitration panel. If thearbitrators selected by each of the partj.es c;urnot agree upona third arbitrator, they will request the Regional Diiectof ofthe AAA to desigmate the third arbitrator. lhe arbitrationpanel may, with the unanimous consent of the parties, agree onsuch modifications to or exceptions from the Arbitratj.on Rulesof the AAA as the panel deems appropriate. ftle award of thearbitrators will be in writing and will include writtenfindings of fact to the extent the arbitrati.on required. theresolution of factual disputes. lhe agreement to arbltlate disputesAgreenent is speci.fically eaforceablejurisdiction. asin No i.ndividual who is , or has at any t.i:ne beeD., an of f i.cer,employee or consultant of either party will be aa arbitratorunder this Section rrithout the express written consent of bothparties. All arbitrati-on pro,ceedj-ngs will be held in Bioward County,Florida. Each of the parties will produce all records whiEnthe arbj.trato! requests. Fees and costs shal1 be awarded to the prevailing party. In the event of a dispute betlreen the parties as to whetherthe arbitrators have jurisdiction over the subj.ect matte! ofany dispute, the decisj-on of the arbj_trators as to thatjurisdiction ririLl be followed by the palties in the firstinstance, but will be srr-bject to judicial review after tbedecision of the arbitrators on the merits of the dispute. Ttredecisj.on of the arbitrators as to jurisdiction will bereversible only if clearly elroneous. Each party sr:.bmits to the jurisdiction of the arbitlatorsappointed in accordance herewith. E:xcept as otherr"riseprovided in this section, the deterrninatj.on of the arbitrators provided in thisany court having -10- will be final and findj.ng upon the parties and may be entered,in any court having jurisdi.ction. (As an example, if the County rrrere to purchase revenueproducing property located within the port Jurisdictional Areaand the City of EoLl1'wood for $100,000, and which property wasassessed at $80,000 by the Broward County ploperty Appraiserin,.7u1y of L994 and the City,s millage rate foi tgg:/1gge was5 miIIs, the Couaty would make an annual palment to the Cityof Eolly,rood in the anount of Eive llundred Dol1ars ($5OO).) 4.2.2 If the County's acquisition of real property isnon-revenue g'enerating, then the County sha11 pay to the Cityan annual paf4nent calculated ia accord.''ce r.rith this sectlonfor the duration of thj.s Agreement, or three years whicheveris greater. fhe amount of the annual pa:ment shall becalculated by muLtiplying the municipality's tax millage ratein effect at the time of the acquisition by the assessed valueof the property as maiataj.ned by the Brorrard County propertyAppraiser. (As an example, if the County vrere to purchasaproperty located within the Port Jurisdicti.onal Area and theCity of Eo11y*ood for $100,000, and which property wasassessed at $80,000 by the Brohrard County property Appraiserin July of 1994 and the City's millage rate for L993/L994 was5 mil1s, the County would make an annual palrnent to the Cityof Hollyrood in the amount of Four Hundred Dollars ($400).) 4.2.3 If the use of real property by the County is alteredfrom non-revenue generating to revenue generating, or vice versa,the annual palment to the city sha11 be altered as of the date ofthe change of use, in accordance rrith the formula set out inSectj.on 4.7.2 or 4.1.1 as applicable. ARITCLE V: TERM oF AGREEI{ENT Ttre parties hereto agiree that this Agreement j.s ln the interest ofall parties, in continuity with regard to the matters hereinaddressed and is important in planning with regald to the provisionof goverDrlent services in Port Everglades. This Agreement shall beBonc.ancel.rhle for a period of 30 years from its effective date andsha11 not be terminable by any palty duriBg said period. In theevent of breach or default by any party to this AgreemeEt, theparties retain the right to brj.ng an action for damagles and. toobtain specific perfo:mance regarding the obligations contained iuthj.s Agreenent. \rr. MTSCELLANEOUS 5.1 NOTICE -11- Any notice required hereunder shaIl be by first class mai1, return receipt requested, and addressed to the Party intendedto receive same at the followj.ng addresses: AiIfEORITf : Port DirectorPort Everglades Authority 18 50 E1ler DriveFort Laudelda1e, Florida 33316 COTJ}IIITY: EOLLYIfOOD:city ManagerCity of Bolllnrood Post Office Box 229045 Ho111mood, Florida 33022-9045 WIIE COPY fO: Citcir Pos Ho1 FORT LAUDERDALE: CitY ManagerCity of Fort Lauderdale Post Office Drawer 14250Fort Lauderdale, Florida 33302 DANIA city ManagerCity of Dania 100 West Dania Beach BoulevardDania, Florida 33004 6.2 SEVERABILIT:T County Administratoroffice of the county A&ninistrator Broward county Goverrutre[tal CeEter 115 south Andrews Avenue, suite 409Fort Lauderdale, Florida 33301 y Attoraeyy of Hollyroodt Office Box 229045ll'wood, Florida 33022-9045 5.3 PRESERVAEON OF MI'NICIPAI BOI]NDARIES AND AD VALOREI{ TA:GS No materia1 provision of this agireemeat shal1 be deemed aseparate, distinct, and indepeodent ProvisioB of tbls agreement and if any material provJ.siotr of this AgrreemetrtshalI be determiaed to be invaLid or unenforce.hle by a coultof comlretent jurisdj.ction, the entire agreement shaIl beconej-nvalid and unenforceable and of no further lega1 effect Nothing herein sha11 be construed to authorize, nor sbal1 the County seek, or support, the cotrstriction of any munici.palboundary within the Port jurisdictional area or therestriction of the authori.cy of a municipality to levy ad valorem taxes. -LZ- 6.4 LEGAL REQUIREIITEI\ES lhe parties hereto agree that all 1ega1 requirementspertaining to the execution of this Agreement have beenundeltaken, and each party agrees to exch:nge witb the othe!,copies of the official records of its governing bodyevidencing the authorized execution of this Agreemeat. IhisAgreement sha1l be filed with the officlal records of the county clerk as required under cbapter 153, Florida statutes. Except as herein provided, this Agrreement shal1 be governed bgand construed in accordance with Florida law and supersedesall other prior and or writtea agreements bet$reeo the parties. -1 1- IN WITNESS WHEREOF, the parties hereto have made and executedits this Ag:reement on the respective dates under each s j.gnature. The effective date of this Agreement sha1l be the date on which thefj.rst of the parties to this Agreement sha1I have executed same. AIIEST:PORT EYERGLADES AITEEORT T Port D1r ector _ day of Approved as to Form: Port Attorney ATIEST: cot}fltY County A&niDistrator arnd Ex-officio Clerk of the Board of county Corunissionels of Brot ardcounty, Elorida BROWARD COUtirSY, through 5.ts BOARD OF COU}.I1TY COI{MTSSIONERS cha 1r -14- 19 BV _ day of _, !9_ Approved as to formoffice of County Attorneyfor Broward County, Florida ifOIIN ,I. COPELAN, ifR. , County AttorneyGovernmental Center, Suite 423 115 south Andretds AvenueFort Lauderdale, Florida 33301Telephone: ( 305) 357-7600Ielecopier: (305) 357-7541 BY NOEL M. PFEFFER Deputy County Attorney I}{TERLOCAT AGREEMEI,I:T PI,'RSUANT TO CEAPSER 163, FLORIDA SIATTTTES, BETt{EEtiI: PORT EI/ERGLADES AII:TEORITY, CIrg OE IIOLLYWOOD, FLORIDA, CITT OF FORT LAIJDERDAIE, FLORIDA, END BROWARD COI'tifl[Y, ELORIDA ATPEST: clerk Mayor or Manager (sEAr)_ day of , L993. Approved as to form: City Attorney CITY OF FORT LAIJDERDAIE ATEESI: clerk Mayor city Manager (SEAL)_ day of , L993. Approved as to form: City Attorney -15 - Clg' OF DANIA INTERLOCEI AGREEMENT PI'RSUA}f,E TO CHAPTER 153, FLORIDA STATLTTES, BETWEEN: PORT EVERGLADES AUICHORIT]f, CfTa OF EOLLYIfOOD, FLORIDA, CITY OF FORT tAI'DERDATE, FLORIDA, A}ID BROWARD COUMIY, FIORIDA CITY OF HOLLYITIOOD Af,TEST: Clerk Mayor or Manager (SEAL)_ day of , L993. Approved as to form: City Attorney -15 - BV CITY OF DANIA PUBLIC WORKS DEPARTMENT INTER-OFFICE MEMORANDUM ROBERT F. FLATLEY, CITY MANAGER q * a TO: ,.\ FROM: CLIFFORDM.TAYLOR/FUBLICWORKSADMINISTRATOR RE:ALTERNATE FUELS DATE: FEBRUARY 17,1994 Under the Federal Energy Policy Act of '1992, all municipalities must convert 20 percent of their fleet to run on alternate fuels by the year 2001. Acceptable energy sources include natural gas, propane, methane and electricity. Municipalities must begin converting their fleets by 1998. I visited the City of North Miami in August, 1993, to look at their alternate fuel program. They have used compressed natural gas (CNG) since 1985. The City of Sunrise, who also began using CNG in 1985, at this time has opened two natural gas fueling stations which are open to the public. I spoke with Mr. Barry Tillmann, Peoples Gas Company, who put me in contact with Mr. Bob Halvfield of the City of Hollywood. Mr. Halvfield is currently working with the City of Hallandale in a joint effort to install a natural gas fueling station to be located in Hollywood. Mr. Halvfield informed me that the City of Dania will be allowed to use the fueling station which will be located on the corner of Pembroke Road and Park Road, 1600 Park Road. I will be aftending, along with Donald Hanson, a class on alternate fuels and installations on February 28, 1994 in Palm Beach sponsored by Peoples Gas' After talking with the other Broward and some Dade County cities, we feel the CNG will be the best choice of alternate fuel. i The City of Dania currently has a total of 43 vehicles. We have seven (7) heavy trucks, twenty three (23) light trucks and thirteen ('13) cars. We must convert at least eight (8) vehicles by 1998. I am currently working with Peoples Gas Company to give me a price to install a fueling station at our Public Works Compound. Also included in that will be a price for the conversions per vehicle. After I have gathered all of the remaining information from Peoples Gas, as well as further information from Hollywood and Hallandale, I will let you know what approach I feel would be best for our City. CMT/njs 6 TO:Robert Flatley, City Manager FROM: Eula Gardner, Administrative Asst. \ Occupational License DATE: February L7,1994 The following cities were contacted regarding their handling of the Real Estate Broker /Salespersons classification. They are all continuing to charge a fee, and agreed that any review for exemption will discussed during their Equity Study process. City Fee For Real Estate Salesperson RE Dania Boca Raton Miramar Coral Springs Coconut Creek Broward County Hollywood Davie Ih information will be of some assistance. Salesperson-$50.00 ea. Salesperson-$20.00 ea. Salesperson-$30.00 ea. Salesperson-$50.00 ea. Salesperson-$40.00 ea. Based on number of employees; 1-5 :$30.00; 6-10 = $37.50;11 0r more = $+S.OO Agent,/Salesperson- $30. 00 Salesperson-$70.00 CITY OF DAl,llA TNTER-OFFTCE MEMOBANDU M License Fee For Real Btate Salesperson I have attached a recent print out, dated 2/L6/94, of the Real Estate Classification. As you can see there has been no change in the number of licenses issued. DANIA REALTY REAL ESTATE BROKER DANIEL DIEFENBACH II. INC G.C. & REA], ESTATE BROKER INT'L MARINA REAI,TY REAL ESTATE BROKER INT'L MARINA RESOI'RCES REAI ESTATE CONSI]I,TING IRENE GLOZER REALTY CORP. REAL ESTATE BROKER & 1 AGENTS .JEAN COOK REALTY, INC. REAI ESTATE CASTLE ASSOCIATES, INC REAI ESTATE BROKER LACROIX REALTY OF QUEBEC REAII ESTATE BROKER & 2 T4EN PANORAMA PROPERTIES, INC REAL ESTATE BROKERAGE PEIL GLASSMAN, REAI ESTATE REAL ESTATE BROKER PITYLLIS DUBOW REAL ESTATE BROIGRAGE BUSINESS NAME QI]EBEC REALTY CORP !<EA! I15IATJ1 OCCIJPAT I ONAI LICENSE REPORT REAI, ESTATE CI,ASSIFICATION As OFt 02 /16 / 94 AMT PAID 225 . OO 225 . OO 225 . OO 525.00 22s . OO 275.OO 225 . OO 325.00 225 . OO 225 . OO 225 . Oa 50.00 24'7 .50 RENDA REAITY INC REAL ESTATE BROKERS RIITI{ KIEIN REALTY REAL ESTATE SAIES ROBERT LYNCH REAL ESTATE AGENT/DANIA REALTY 090193 081,293 042493 081793 090893 090893 083r-93 081793 092193 100893 090893 097493 083r-93 o82493 TOTAL 3820.00 1014 9 3 CAI,ANDRA REALTY TNC REAL ESTATE BROKER 125.00 225 . OO ROLI CALI.: Present: Mayor Mce Mayor: Commissioners: City Manager: City AttorneY: City Clerk: iIIHUTES DATIIA CITY COMMTSSION WORXSHOP MEEIIIIO NOVEilBER 16, 1993 Bobbie Grace Bob Mikes John Bertino BillHyde Alberl Jones Robert FIatleY Frank Adler Wanda Mullikin 1. vern Johnson, Dara Processing Manager, presented a demonstration of a computer o.oi..to, fori.n., ,iru"lization ofcharts, graphs, budget review' text' and comPuter- i;;;;;;. Mr. Johnson advised tha*."rr,.d do*-.n$ or documents brought into the .o-pri, direaly or indirectly can be shown on the projector' The oroiector was used to show a demonstration on cemeteq' costs in item 3' After iir-'rr6, "i i,.m 3, Mr.Johnson stated that the overhead projector and projeaion panel would cost around 15,0@. commissioner Bertino suggested that the ciry require petitioners to provide a comPuter Jirl.ii. o.."*.r. ,..dy cl-py of building documents or reqr:ire petitioners to Pay the fee to i.r. ii,.i, a.*,,,,.n* ,irnn"i fo, the coi.,put"r projector. The Commission generally agreed il;il;';;;iJ i. . gooa idea but realizeirh"t "il p"titioners may not be able to provide their material in this form. 2.SusanKatz,memberoftheHollywoodAreaBoardofRealtors'expressedopposition ,. nr"i lirrg;ng indiriduat ,,les ,ep"stnt'tives a $50 occupational license fee sinl;3cf trJ". offi." L rlqrir",t to pay for * otc'p't iontl- lictn".'. She prescnted Chapter 475 of the ii".;Jri,r,.,.t ,.irting to iale repres'ntarives not being allowed to receive commissions or ."",j,,., Urr;".rs *itho"rr , broL", an,l distributed a copy of a Cooper City ordinance excnrpting salespersons from this fee' 1WORKSHOP MEETING NOVEMBER 16, 1gg3 Ciry Atrorney Adler reminded the Commission of Denia's effons to go through the ,ro*dr.. to iake the iurisdiction of occupetional liccnse fees away from the legislature to retein control orer th. fees charged. He said that businesses are protected as the statute covers limitations on how much can be charged in some of the categories. Mr' Adler said that fees can be reduced anyrimc, that no increLs are allowed the rest of this ycar and that fees can be increascd by 57o next Year. Ciry Manager Flatley mentioned that orher cities charge sales persons the $50 and_that efforts h"lr" b".n i-,ade by D-i",o make the fees reasonable. The.Dania Equiry Study Comminee was formed to review fees and make changes whenever needed' Euta Gardner, Building Depanment, reponed that the Equiry Committee has recommended to chmge rhe way auto rental businesses are charged for occupationd licensesnoting that Doller ient-A-Car figured out to $54,000 a yeat based on the numb€r of cars in their lot. The board recommended io use a cap amount on the cars to make the fee more reasonable. Commissioner Bertino disagreed with this concept since some car businesses can have cers ranging from a few hundred to thousands. Mr. Flatley presented the board's recommendation to charge Securiry firms on the number of zuar& as iollo*r, 1-5-t125.00,610-$162.@, 1l-23-t262.@, and over 25-$335.00. The Lommission decided ro address changes in the occupational licenx fees at one time and not on an individual category basis. ITEM 4'{fAS HEARD AFTER ITEM 2 ITEM 3 WAS DISCUSSED DURING ITEM 1 3. City Manager Flattey said that Dania has the lowest cemeteq/ fees and that there has been an inciexe in tusiness from out of town residents' Cliff Taylor, Public \(orks Coordinator, provided a survey on the costs from Ft' Lauderdale and Haliandale and the Commission madi some changes to be incorporated a proposed ordinance for first reading on November 23. The commission rerurned to item I for funher review of the projector costs. ITEM 4 WAS HEARD AFTER ]TEM 2 4. Commissioner Jones menrioned the need to cleanup the Public Works facility and asked staff to present a Progrcss rePon' Cliff Taylor, Public V'orks Coordinator. s:id that heary equipmcnt is stored_on the site and that the facility is shared with the Water Plant. The building s'as recently p.rinted, 7,000 square feet of asphalt was installed to inrprove parking, and landsc.rping improrements have bi"n -rde ro beautify the site. Mr. Taylor nrentioned plans to change the Inulch drop off area woRKSHOp MEEITNO 2 NOVEMBER 18, 1993 38107048083 BUSINESS NAfiE CASTLE ASSOCIATES, INC. - DAIIEL DIEFENBACTT II. INC .,EAN COOK RTALT', INC. DAIIIA REALI( - ROBERT LYNOI IRSNE GIPZER REALTY CORP. RENDA REALTY INC CIIANDR.A REALTY INC - I! T'L MARINA REALfY INT'L MARINA RESOURCES PSIL GI,ASSMAN, REAL ESTATE - P}TTLLIS DI'BOi{ QUEBEC REALTY CORP rAcRorx REALTy oF QUEBEC - PAIIORAMA PROPERTIES, INC RUIIH XTEIN REALTY TOTA,, OCCUPAT IONAL LICENSE REPORT REAL ESTATE CIASSIFICATION tA oF:. rt/r6/97 BUSINESS TYPE A.I.'T PATD DATE REAL G.C. REAL REAI, REAL REAI, REAL REAL RE iiL REAL REAI, RE.EIJ REAL REAIJ REAIJ REAI, ESTATE & RE.AL ESTATE ESTATE ESTATE ESTATE ESTATE ESTATE ESTATE ESTATE ESTATE ESTATE ESTATE ESTATE ESTATE ESTATE 223 . OO 525.00 225 . OO 225 . OO 50.00 215 . OO 225 , OO 225 . OO 125.00 225 .OO 225 . O0 225 . OO 225 .00 325.00 241 .50 247 .50 I 3820.00 081293 0 817 93 o 817 93 o92493 o82493 093193 083193 090193 o90893 090893 090893 o 914 93 o92393 092193 100893 1014 9 3 BROKER ESTATE BROKER BROKER AGETT/DANTA REALT' BROKER & 1 AGENTS BROKERS BROKER BROKER CONSI'I,TING BROKER BROXEXAGE BROKER & 2 MEN BROKERAGE SAIES To:The Honorab le Mayorof Dan la and members of the C I ty Comm tss ton From: Hol lywood Area Board of Realtors Re:Real Estate Salesperson (as dlstlnguished from RealEstate Broker) Exempt lon from Municlpal Occupat ional L lcense Requ I rements . The Hollywood Area Board of Realtors requests an exempt lonfrom the occupat lonal llcense fees for real estatesalespersons whose I icense ls placed wlth a reat estateoff lce wlthin the muntctpat llmlts of the City of Dania. the posltlon of the Hollywood Area Board oflmportant to dlstlngulsh between the two maJorI lcensees as establlshed under Chapter 4-15 ofatutes, real estate broker and real estateThe real estate broker, ls for all practical To understand Rea I tors lt ls categor Ies ofthe Flor lda St sa lesperson.purposes, an entrepreneur, He or she must, under chapter475.22, malntatn an offtce and a stgn ldentlfytng theoccupat lon of real estate broker. The broker deals wlth thegeneral publlc, obtalns llstlngs ln the name of the broker orcompany quallfled by the broker. The broker must malntaln anescrow account lnto wh lch depos lts are p laced. The brokercan and does charge a professlonal fee for the servlcesrendered by the broker, He or she must have a sltusor locatlon ln whlch to engage ln or manage the buslness ofthat prof ess lon. The real estate salesperson , although llcensed, lsprohlblted from establlshlng hls or her own business sltus Inwhlch to deal wlth the general publlc. The salespersons,llcense must be lodged wlth a real estate broker for whom heor she functlons, not on thelr own behalf wlth the generalpubllc, but on behalf of the real estate broker who retalnsthe sa lespersons' I lcense. The sa lesperson does not ma lnta lna trust account for contract deposlts. The salespersonadvertlses only ln the name of the real estate broker whoholcrs thelr llcense. The salesperson cannot deal wlth thegeneral publlc ln hls or her own name but functlons only onbehalf of the broker ln whose offlce he or she ls sltuatect.The sa Iesperson may not collect a real estate commlsslon lnhls or her own rlght, but recelves only a portlon, byagreement, of the real estate brokers,s corffniss lon The reatestate salesperson actlng on behalf of a real estate broker I s not an I ndependent profess lona I bus lness person, butrather an extenslon or asslstant of the real estate broker lnwhose offlce the salespersons' llcense ls todged. M EI,4O R ANDUM Based on the Florlda Real Estate Llcense Law (ChapterF.S.), a real estate salesperson does not fatt wlthtnregu I rements of sect lon 15 of the c I ty ord I nances of 475 Dan la. agents, the broker may be guilty of culpable negligence, thereby providing the "knowledge" element needed for an action against the broker. SAI..ESMEN Statutory Deffnition According to the license law, a salesman is one who performs any act specified in the statutory definition of brokir, but who performs such acts under the direction, control, or management of another person, usually a broker. A salesman is distinguished from a brokzr-salesman, one who is qualified to be issued a license as a brokerbut who operates as a salesman in thc employ of an actively licensed brokcr or owner/employer (475.01 F.S.). Restrictions on Salesmen Because 6f the restrictions of the iicense lavi; an active salesman can neither legally operate as a broker, nor operatc as a sales- man for anyonc other than his/her employer. A salesman who acts as a broker violates the licensb law [475.42(l)(b)], and histrer license may be suspended whether fraud is proven or not.All commissions eamed by a broker through the services of a salesman belong primarily to the broker. If a salesman collects and uses such commissions personally without the consent of thi broker, the salesman is guilry of frgudulent conversion. Notc also ihat the salesman is prohibited from suing anyone but his/her employer to enforce payment of a commission. Furthermore, a salesman cannot coltect money as commission, deposit, pa)rment, rental or otherwise, in connection with a real estate brokerage transaction except in the hame of and with the express consent of the employer. The salesman must immedi-ately deliver any property or money thus received to theemployer. Finally, a salesman cannot advertise in his/hcr own name, The salesman may, however, be listed in an advertisement as a salesman for the broker, if properly identified. Note that thc salesman who owns th6 advertised property has all the rights 2-24 of a nonJicensed owner. Thus, these restrictions on salesmen's activities further distinguish salesmen from brokers. Salesman's Duties After L€aving Employmetrt When a salesman leaves one broker to work for another, certain duties follow him/her to the new employment. First the salesman must report the change of employment on a 400.5 form provided by the DMsion. Both the salesman and the former employer are required to noti$, the DPR that the salesman's employment has ended. The salesman should also make known this new employ- ment status to all brokers or clients with whom he/she deals. Not6 that the salesman is not prohibited from handling any business with persons who dealt \nith the former employer, but he/she cannot divert a customer or client of the former employer from continuing or completing a preceding transaction. It is bad faith and unethical for a salesman to copy records, listings, or other confidential information from the broker and to keeP them for later use if not authorized by the employment agreement, of6ce poliry or other mutual understanding. If the salesman takes the originals of such documents, he/she may be subject to a charge of larceny. Note: This rule applies even if the salesman had first acquired the information found in such documents through his/her own efforts. APPRAISERS Definition of Appralcerr In general, an appraiser is an expert in estimating value of real property; the resulting value is the appraiser's estimation of the property's monetary worth. In Florida, appraising is one of the functions of real estate rcquiring a license; therefore, profes- sional appraisers must be licensed as brokers or salesmen. See Chapter 5, Section 1, on appraisal and valuation. The I;gislature has also set forth statutory requirements for those licensees who wish to be qualified to issue ccnifred ap- praisal repons, According to Scction 475.50I F.5., a tate-certified real estale appraber is a person who is certified by DPR as 2-25tttrrrrtttlllltlllI HHN888 ,\.! r$ tnornmcE No.- '3tY6 i-"norrueNcE oF THE clrY oF DANIA' FLoRIDA' AMENDING lecior.r 1+12, oF rHE 1980 cooE oF oRDINANoES oF rHE iI* OE DANIA, FLORIDA BY AMENDING THE OCCUPATIONAL urCeNse reEs ro BE PAID BY PERSoNS' FIRMs oR eSSOCf,lrrOr'rS MAINTAINING A PERMANENT BUSINESS roceiroN oR BR NcH oFFlcE wtrHlN sAlD MUNlclPALlrY Fon inL pRNILEGE oF ENGAGING lN oR MANAGING ANY bilbriliJs, pioresstox oR occuPArloN wrHlN rHE clrY &- DAntA, rloruoR; PRovlDlNG THAT ANY sPEclAL 6norNnlicis pAssED BY THE clrY oF DANIA' FLoRIDA' ilirCi era-oNc rHEIR TERMS, PRovlDE FoR LIcENSING eiis,'siieri nel,retH lN FULL FoRcE AND EFFEoT uNLEss'-Ecinberrv REPEALED BY THE wlrHlN oRDII'IANCE: phovrrirr.ro-roR PAYMENT oF PENALTIES FoR LATE i,niu[Hibr reES; pRovtDtNG THAT ALL oRDtNANcES oR peniJor onolrunNces AND ALL RESoLUTIoNS oR PARTs iii iiEsoLunoNs lN coNFllcr HEREYVITH BE REPEALED To iie exieNr or sucn coNFLlcr: AND PRovlDlNG FoR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CIIY OF DANIA' FLORIDA: Section '1. That Section 15.4 (e) Chapter 15 is hereby amended to as follows: "Sec. 15.4 . License year; dates for sales' penal$' (e)Thoselicensesnotrenewedbyoctoberfirstshallbeconsidereddelinquentandsubjectloa delinquency penatty "t t"" pli*"i tl O{6} for the month of October, plus an additional five percent (5%) penalty for each montn oiie'r.in-iu"i"v tn'"r"an"r until paid. However, the total dellnquency penalty - shall not exceed twenty-'iu*";ii"i tZO"tO of lhe occupational license. lee for the delinquent establishment. ln aooition iJtne toregoing, Any person who engages in any business, occupation, or profession covered uv $,i. cnupt"r, "!o ,lirL1 noi pay the required occupational license tax within 150 - days after the initial nofiJ oiil" t", ar", and who d6es not obtain the required occupational llcense is subiect to civil actions .ni p"n"lti"", including. court oost, reasonable attorneys'fees' additional - ;;i"t.i;"iir; ;;ts i;;JJus ai"surt of coilectiqn efforts, and a Penaltv of up to 9250'" SectiqpzThalSectionls.6(a)andSection15.6(b)ofChapter.l5areherebyamendedto - read as follows: "Sec. 15-6. Transfer. (a)Anybusinesslicensemay.belrans.ferredtoanewos/nerwhenthereisabonafldesaleofthe business, upon p"yrn"nioi.ii..li".t"e of up to ten percent (10%) ofthe annual license tax' but not - less than $5'oo nor more than $25'00"' (b)Uponwlittenrequestandpresentationoftheoriginallicense,anylicensemaybetransfcrred- from one rocation t" .r"l#r0"" il;;i;i, rransfer fie of up to ten percent (10o/o) of the annual llcense tax. but not less than $3'OO nor more than $25 00'" SeeliOn3. That Section 1 5' 1 2 of chapter 1 5 is hereby amended to read as follows: + .atureoPaths Osteopaths Podiatrists Psychiatrists Surgeons Tree Surgeons Veterinarians N ote ; rr a ny p. l"-::tol iZ g."rti rF i'Xf; 3lll ffi Tifa ff diTi'13,':E:[3,"'lta:lx'rq:*""'x'w-' ix"igilIi]iit},,Tl,i:*"ou PUBLIC STENOGRAPHER PROMOTERS, entertainmenl RAILROAD REAL ESTATE, Broker Each man RENTAL SERVICE - if no other business ll* #":?xi::'l?i il'f 'iJl.,"J, !x,liii:; " "o i:"*:j,;:|:l11"'ltl*fl l;:i" REPAIR SHOPS Keys, locks' knives and lawnmowers MotorcYcles and bicYcles Boiler and steam engines Battery or radiator Radio, phonograph, electrical appliance and television Tvoewriter, Dictaphone' adding machine afib office machines Jewelry and rvatch rePair Shoe rePah Vulcanizing' retreading 100.00 350.00 468.75 225.00 50.00 150.00 125.00 125.00 87.50 125.00 87.50 87.50 100.00 125.00 87.50 100.00 P93lBORDINANCE NOI CITY OI COOPER CITY, FLORIDII s!.c!I.c!-g That soction 12-9 (a) of ,lN onDTNANCE Or fH! CrTv oSl CoopER Orrr,rloRrDA, AltENDlNo 8EOIION 12-i (o) Op T8EXUNICIPAI, CoDE oE ORDINANoES, l',scttEDULEs orLICEN8E TAXE8, EXE PTIONSI, fP DETETD TIIELICENSE TI1X APPLICI\BLE TO i REA', ESTI\TE 8AIJE8PER8ON8, PROVIDINO TOR I A REPEAIJER,PRovIDrN0 PoR SEVERIIEILITY, PROVIDINo FoR CODItrICATION, AND PROVIDINO FON ,TN EFaECIIVE DtrlrE . lrflEREA8, persons engaged ,.n rs!1 e8t sectlon 4?5.01(d) , Florlda otatutes, dlreotlon, control or hanag6mEnt of a rsr tE 6aIeE, as d€fln6d 1n eEtrts brok€r; and lrHERElg, the clty counoll ha6 dateLnlned that shce such IEal6EporsonE cannot legally conduqt busIrieE6 on thalr own, Lhey I Ehoul.d not be subJeot to ocaupatlonal lloe'nEe taxatlon, NOT, THERETORE, EE Itr ORDAINED IY ILU CTTY COUNOTIJ OT T'tE th€ clty codo shall bE amendod by datetlng thersfrom th6 word6 whlch are Etruck-ghrough, I I t mu act undsr th6sb aa fol lowa I REAIJ ESTATE:. ' tholudlng i€nt .' each agent or abroksrB arid baI Bach-addilloha* - SBotloh 2r AI1 sectlon6 or parts of iectlone of thq cods of Munlolpat ordlnances, aIl ordlnal)c63 or p!rte of ordlnances and !11 resolutlona or Parta of rsgolu!lonE ln oonfllct hereltlth, be .l and the 6ams, oro horoby repealod co tho e)itent of Euch confllct' 66.tlon 3 t should any aectlon dr provlslon of thtE ordlhanco, or a!1y Paragraplr, Eentenco or iord, be dcclared by a Icourt of conp6tent Jurl'sdictlon to be lhvalld, auch declslon shall not affsct the valldity of the rsnalrider llereof, aa ! wlrolo Io. a par! her6o!, oLlr€r than ths parE d6cldred to bq lnvalld' sootlon {: It k ths lntanclon of tile ctty ccuncll of tlr€ clty o! cooper clcy tlrat tlro provlolons ol tnin ordlrance Bh'11 become and ba nade a part o! the cods of Srdlnancea of ths cILy iof cooper cl,ty and thob Lhe 6ectlons of thls ordlr'allce nay bs rerlunborBd or rolottB!-dd al)d t,lo word r"lrdinancen msy bB chang€d to IChapt6rr', 'r6oct.l,on,', rrArttcIe", or auch other aPproPrtate nd rent coIl€ctIng agehclea,ctlvo heinber of rg6n;y; lncludlng €Ehen \. .,,,,.;..... '..,,.50'oononbsrr-brokcr-or-ralcinan"'rttrrr?0r80 rrr['5/0Efl0A OAIE: I ttl q3I ord. No, P9l-sPage 2 tord or phraa., the u'o of whlch 6hatl aJcompllah th€ lntentlon. hereln expressed. Bo6tlon 5t ThtB Ordlnanca Ehal.1 bs tull forcs and taXe sllect LhmedlEtEly upon ltB pagsage and ! PrrSSED I|ND ADOPIED on plr8t n€ad ,1. D., 1993. PIIBSED ^ND FTNITL IDOprION on sacond of _-, A.D,, 1991. naI adoptlon. day ol I I I II 1n rlns thls Readlng thls ..- day L"YA ll Mayor A?TgST: EUSAN BERNARDclty cl erk Approved A6 To Form l ALAN F,FClty AttornEy RolL C! Illlayor FardolmannCounollnan PaI ankcouncllilan BrownCouncllilan LItEchcouncllnian l.la rEch ; I i i I i l I I I ; I l I it' r Fnso J.'lY'e.r,o, P.A- ( ao5 lr^nStLoFro^ larr lurLor..G.9e l|rCl|oara SraCtE Drlrtl. Ft,orE^ o3ooarrrrtror{. (3O5, 9eO.9A6e .^r (3o5, 92O.9€6. October 8, 1993 Re: Dda Beach @iLI 10O l$rth Beach Eoad, hnia Dear lb. Elatley: In vis of the Clty's decisioa at its La.st psting toultimtely separ:ate the beach legse frcm tbe gri1l lease, perbapsit may be erQdieot to acccmpl i sh tbat inteBt now rather tba[ vaitto a future date. I,& cl1etrt, Da.nia Beach GriU, could be agreeable tut muld appreciate aa eliminatlon of the perceutage rent of L% of gross, or a consideratio of Ey letter of October 1.6, 1W2, an additionaly copyhertrlth enclosed. Please advise. tnfly, FJlt:lib@: F!:rnk ldler, C5.ty Atlh. Iouie Dem.s b a A'fOET'EI7 A" LIW bbert EtatleyGty ['nage" City of Daria 10O f,. Daala Beach BoulevardDda, ELorida 33@4 Fn=p J. We.n o, P.A. aTTOltraEY .^l L w Mr. Robert FlatleyCity Manage:' City of Dania 100 W. Dania Beach BoulevardDania, Florida 330 Ott Re: Dania Beach Grill 100 North Beach Road , Da nia aoa ri...aalorroa aar.r aurLotr{G.aa 3xcrtoa.. 3titc3?DrrLl. F!otr|r' groo. tcLatHonc l3o3l 92o.9642 _ October 16, 1992 Dear Mr. Flatley: ln connectlon with my representatlon of Louie Demas ofDania B-each. Grill, lnc., I am pleased to report that my "f i""i'Li-no,accomplished restoratron. and repairs to the restau.rant in tt" "pfioiii"t"amount of 940,000.00. lt is nice to know that Dania B;.h p.t[";';;;have a clean and pleasant place to eat. ln reference_ to the lease, we offer a flve (5) year lease at$1,100.00 a month and flve (5) year optLn "i-the basii ""i.,i-pfr" " fir"(51) percent increase of rentar io st, fss-oo jei monttr. lt doesnrt seemfair,. reasonable or. equitable that the p".."rr["g" rent of 2tt of orossshould continue. l understand Boucher Bros. -will ;j." pv"sc0o1'o;:lmonth plus the above insrease. May I please have your thoughts. rs truly, E ARD FJW:kbcc: Frank Adler, City AttorneyMr. Louie Demas ,^r (3o5t 92o- 9o€4 To: From: Date: Subject: lnterOffice Memo ROBERT FLATLEY, CITY MANAGER MARIE JABALEE, FINANCE DIRECTOR January 14, 1994 BEACH GRILL LEASE Rent receipts from the beach grill have not exceeded the minimum amount of $13,OOO ai any time during the past 4 years. Cunent receipts, including the beach concession are not in excess of the minimum. Mr. Ward's October 't6, 1992 letter requests a five year lease at $1,100 per month with a five year option at $1,155 plus $400 per month from the Boucher Bros. concession. This would increase the revenue from this source by $4,800 per year from $13,000 to $17,800. BOUCIIEH BMOTIIENS Pool and Beach Management, Inc. 3{{8 Northeast 21Oih Tarrace Aventura, Florida aaigO Dear Mr. Bob Fl.atIey: Fursuant to a reeent conversation I had with ltlr, Ti! Tapp, I would rike tosubrit the following proposal for your consideration and approval: Botrcher Brothers wor-rld be extreoely interested in providing watersportactivities for Dania Beach and would offer the foliowing: - catatrarans and Hobie cats (derand would deter'ine the nurber of boats)- Assorted beach gaoes and water sports- certified instructors will be avair.abre to teach all *atersports including: Rafting, aqua cycling, boogie board j.ng and wind surfinq. In addition tothese watersport activities, we wi.II provide scuba instruetion in aecordancewith an accredited scuba organizations, additionelry, we wirl .ake provisionfor deep sea fishinq charters and or rental of fishing equip[ent. Additionally, since the safety and servi.ce of the renbers and their guests isour prinary concern, the additional features r{ill include! channel taking the sailboats lB0 yards offshore,ing the risk of coltiding with a swirrer.0.00 liability poliey naring the establishrent and indi.vidualif request ed. Noveaber E3, 199J I4r. Bob Flatley Dania City lrlanager 100 Hest Dania B€ach BIvd. Dania Beaeh, FI. A larked e I i. I i natn t580,0 0wner5, Thank you, Janes Rocco BouchBr anC The Boucher BrothersFooi and Beach Managenent Incorp, 1 ': CITY OF DANIA INTEROFFICE MEMORANOUM Date February 3, 1994 To:Robert Flatley, City Manager From:Michael Smith, Personnel Director SUBJECT: Engineering Services- NW Sth Avenue (CDBG) Proposals were recently received from ilvo firms, Berry Calvin and Robert Miller and Associates, for engineering services related to the NW Sth Avenue lmprovement project which is funded through the Community Development Block Grant Program. Both firms were interviewed by a committee consisting of myself, Will Allen and Tom Grammer. Both lirms were found to qualified to perform the work and had prior work experience with CDBG projects. lt was the unanimous consensus ol the committee that Miller and Associates gained points with respect to their approach to the project. Additionally it is a stated objective of the competitive negotiations act to effect an equitable distribution of contracts among qualilied firms. Two SDBE lirms were contacted directly, Baseline Engineering , a WBE lirm stated they would submit a proposal but did not and another lirm Gator Engineering a WMBE lirm was not qualified by virtue of no prior experience in CDBG work and the focus of the firms prior experience from a technical standpoint was in traflic signalization. The recommendation ol slall is to selecl Miller and Associales to perlorm engineeilng services lor lhe project. #8 1 THE CITY OF DANIA Northwest Sth Avenue lmprovements Statement of Qualifications ,-_1Prepared for The Gity of Dania a t_ Robert H. Miller & Associates, lnc. Engineers . Planners Environmental Professionals 1800 N. Douglas Road, Suite 200 Pembroke Pines, Florida 33024 (305) 436-7000 Fax (305) 436-8664 January 27, 1994 Submifted By: --"& *""i*,,ffilfif#fffiiT,'". lanuuy 27, 1994 Mr. Michael W Smith Director Community Development City of Dania 100 West Dania Beach Boulevard Dania Florida 33004 Dear Mr. Smith: City of Dania Northwest 5th Avenue Improvements Proposal No. 1363 Re Robert H. Miller & Associates, Inc. is pleased to present our credentials as consultants to the city of Dania for the Northwest 5th Avenue Improvements project As a firm with extensive local experience, we recognize this as a promising opportunity and we feel we offer the expertise, resources, knowledge and undentanding of the area needed to successfully address the issues facing the City of Dania. Robert H. Miller & Associates, Inc. @HM&A) is a 17 year old award winning Broward firm comprised of experienced engineers, planners and environmental professionals. with a growing staff of 25, we offer a large scope of services ranging tom engineering, planning, design, govemment permitting and constuction monitoring to specialized environmental services. Additionally RHM&A has extensive roadway experience ranging from strcetresurfacing and widening, sidewalks, drainage and pavement markings. we also have experience with Community Dcvetopment Block Grant projects in Broward. As a local firm, we have completed over 20 projects in Dania involving roads, drainage and utilities engineering. '1800 N. Dougros Rood. suite 2oo. pembroke pines, Frorido 33024 (3os) 436-7ooo Fox (3os)-436-a664 As you will see from our qualifications, our team was assembled based on the collective experience of its professionals in roadway, drainage and sidewalk design. The combined experience of these professionals offers you the knowledge and expertise required to successfully complete the task of improving Northwest 5th Avenue in a timely response to the City of Dania's needs. We appreciate the opportunity to submit our qualifications and look forward to the opportunity to present our credentials in detail Sincerelv, H.er, RHM/hmr 4LPt363.121 TABTE (lF CONTENTS TABLE OF CONTENTS Letter oflnterest Relevant Proj ect Experience Team Qualifications References Standard Forms2541255 RELEVANT PROJECT EXPERIENCE --@ -'":ll*Hlt"i :#ffi.*,,".. BELEVANT PBOJECT EXPEBIENCE Potter Park Block Grant Davie, Florida A Broward County Community Development BIock Grant program in coniunction with The Town of Oavie which included 'l l/2 miles of gravity sewer design and plans, plans for resurfacing and reconstruction of 1 114 miles of residential streets with swale drainage. Gonstruction services included contract administration, coordination with residents affected by the construction and construction monitoring on a daily basis. Sheridan Street From East of US I to North of 5th Avenue Dania, Florida A 4-lane existing roadway that required widening on both sides. Services provided included resurfacing, storm drainage and driveway connections. Southwest 148th Avenue {Volunteer Road) Davie, Florida A one half mile stretch of rural 2.lane undivided road located in Oavie, Florida. Services provided to lvanhoe Land lnvestments included design and plan preparation for roadway and storm drainage system and processing through the Town of Davie and Broward County. 1800 N. Douglos Rood. suite 200, pembroke pines, Ftorido 33024 (305) 436-7000 Fox (3os)-436-8664 Relevant Project Experience Contnued Southwest 10(lth Avenue Davie, Florida A 2 112 mile four lane divided rural road located in 0avie, Florida. Services provided to Broward County Engineering 0ivision included roadway and storm drainage, bridal path, and sidewalk design. Additional services included canal excavation, contract administration and construction observation. Sheridan Street From Palm Avenue to University Drive Pembroke Pines, Florida Design for a new 4.lane divided Broward County trafficway located in pembroke Pines Florida designed for Brcward County Engineering Division. Services provided included paving, positive storm drainage system, construction inspection, lighting, bike path, bus bays, guard rails and construction inspection. Palm Avenue From Pembroke Road to Washington Street Pembroke Pines, Florida A new 3-lane roadway located in Pembroke Pines, Florida. Services provided to Hainbow Development included paving, storm drainage, signal improvements and construction observation. 2 Belevant Project Experience Continued Sunrise Street Besurlacing and Rec0nstruction Areal&2 Sunrise, Florida Services were provided to the City of Sunrise and performed in conjunction with replacement of water mains in the City. Services included design, permitting and construction inspection of improvements to areas served by Plant No. 1 potable water distribution system and road resurfacing. Grandview Estates Dania, Florida Thirty acre site slated for residential development located in Dania, Florida. Services provided included a concurrency status review of the site. The study evaluated the proposed increased density from one to two units per acre and its irnpact on the surrounding roads. Transllorida Bank Dania, Florida Services provided by Bobert H. Miller & Associates, for this banking facility located along 5th Avenue in Dania included paving, drainage, and construction observation. University Drive Utility Extensions 0avie, tlorida Services for this project included preparation of engineering plans for approximately I mile of water main and sewage foree main extensions along University Orive and Southwest 82nd Avenue in the Town of Davie. 3 Belevant Prolect Experience Continued New Testament Baptist Church and School Unincorporated Broward County, Florida A 100-acre church and school located in the unincorporated area. Services provided included: due diligence and platting assistance, widening of Griffin Road, a Broward County roadway, environmental permitting, ground water contamination study evaluation, site plan design and processing, traffic study, coordination of an archaeological study, on-site paving, drainage, water, and sewer improvement, utility developers agreement coordination and processing and off.site roadway, drainage and utility improvements. Park Boad Drainage lmprovements Town of Pembroke Park, Florida Southwest 31st Avenue Pembroke Road to Carolina Street Pembroke Park, Florida 0ne-quarter mile of Portland cement concrete road with a percolation type drainage system and 2,000 feet of 12" water main and sanitary sewage. This project included preparation 0f assessment rolls, presentations at public hearings, coordination between the Town of Pembroke Park and Broward County and extensive maintenance of traffic coordination. Services provided included roadway design, storm drainage, water distribution and sewage collection design, contractor selection, construction administration and contract observation. 4 A major storm drainage improvement in an existing industrial area and involved maintenance of traffic during construction ad.iacent to a major thoroughfare. Services provided to the Town of Pembroke Park included storm drainage improvements, contractor selection. contract administration and construction observation. Belevant Proiect Experience Continued 0lsen Middle School Dania, Florida A Broward county Middle schoor rocated in 0ania, Frorida. services incrude: Preparation of the horizontal control plan, on.site paving, drainage. water, sewer, signing and marking improvements and off.site roadway and signing and marking improvements. 5 TEAM OUALIFICATI()NS Robert H. Miller & fusocioies, lnc. ENGINEETTS . PIANNEQS ENTVRONMENTAL PROFESSIONAIS Robert H. Miller, P.E. Registrations and Certifications: . Registered Professional Engineer. State of Floridao Certificate of Continued Professional Development, Florida Engineering Society. 1 976 to Presento Certified Professional Services Manager, Professional Services Management Institute Education: Robert H. Miller & Associates, lnc., Engineers r Planners o Environmental Professionals, Pembroke Pines, Florida; President and CEO - responsible for overall operation of consulting engineering and planning firm specializing in studies, environmental permits, design and construction monitoring of highways, roadways, storm drainage, water and sewer systems, site andland planning, environmental mitigation, and related site . development assistance for developers, industry, and governmental agencies. June 1g76 to Present M,E. Berry and Associates, Land Surveyors and Engineers., Hollywood, Florida; Partner and Director of Engineering - responsible for complete operation of consulting civil engineering business. July 1973 to June 1976 City of Hollywood, Florida; Chief Field Engineer. Assistant City Engineer and Chief of Engineering Services - supervised draftsmen, engineer, clerical, survey and field inspection personnel in engineering of municipal projects. November 1970 to July 1973 Broward Community College. Ft. Lauderdale, Florida; part-time lnstructor inthe Department of Contracting and Civil Engineering Technology teaching courses in construction and engineering. Fall 1972 to Spring 1976 Relevant Professional Experience: 1800 N. Dougtos Rood, suite 2oo. pembroke pines. Ftorido 33024 (305) 436-7000 Fox (3os)-436-8664 . Master of Business Administration, Nova University, 1976. Bachelor of Science in Civil Engineering, University of Florida, 1963 Reynolds, smith and Hiils, Architects-Engineers-pranners, Hoilywood, Frorida;Design Engineer and project Manager. september 1968 to wore-oei t gio Belevant Project Experience: ' Potter Park Block Grant project, a project in the Town of Davie which v included one and one harf mires of gravity sewer design and plans, andq prans tor the resurfacing and reconstruction of one and a quarter miles of' resrdential streets with swale drainage. Additional coordination forinforming residents affected by the construction and aaity consiructionmonitoring. . sheridan street from palm Avenue to University Drive, a 2-mile segmentof rurar 4-rane, divided road rocated in Broward county. Frorida -whicn included design and prans preparation for roadway, trafiic and irrigationplans, and coordination between the Broward county Engineering Diirisionfor contract preparation and administration. . southwest 148th Avenue, a one-half mile stretch of 2-lane undivided roadlocated in Davie, Florida. services provided incruded design and pranpreparation for roadway and storm drainage system and processing through the Town of Davie and Broward County. Robert H. Miller, p.E. Continued southwest 100th Avenue , a 2 112 mile four lane divided rurar roadlocated in Davie, Florida. Services provided to Broward CountyEngineering Division included: roadway, storm drainage and sidewalkdesign. Additional services included canal excavation, contract administration and construction observation. Sunrise Street Resurfacing and Reconstruction Area I & 2 - Services wereprovided to the City of Sunrise and performed in conjunction with replacement of water mains in the City, Services included: design,permitting and construction inspections of improvements to areas served by Plant No. 1 potable water distribution system and road resurfacing. 2 Robert H. Miller, p.E. Continued PROFESSIONAL AND CIVIC ACTIVITIES: o 1988 Florida Engineer of the year ' 1993 Florida Award for outstanding Service to the Engineering professiono State Director. Florida lnstitute of Consulting Engineers. Peer Reviewer, American Consulting EngineJrs Council. Member, Broward Community College Clvil Engineering TechnologyAdvisory Committee. Member, Visiting Committee,..Civil Engineering Dept.. University of Florida' Adjunct Asst. professor, co,ege ot civir "ria ni"nit""tri.i -drgi";i";, University of Miami. Adjunct lnstructor, Nova Universityo National Board of Directors, professional Services ManagementAssociationo Who's Who in Leading American Executives, 1ggl, 1g92, 19g3o Fellow Member. Florida Engineering Societyo Fellow Member, American Society of Civil Lngineers 3 Robert H. Miller & Associotes, lnc. ENGINEET'S . PTANNEMENVTRoNMEMAL paoFEssloNArs DAN A. TINTNER, P.E. Registrations and Certifications : . Registered Professional Engineer, State of Floridao certificate of continued Professional Development. Florida Engineering society Education: . Master of Business Administration, University of Houston. 19g6o Bachelor of Science in Civil Engineering, University of Florida, l ggO Relevant Professional Experience: Robert H. Miller & Associates, lnc., Engineers o Planners o Environmental Professionals. Pembroke Pines, Florida; Project Manager - responsible for design, engineering, budgets and scheduling for site development work for earthwork, roadways, storm drainage, water distribution and sewer systems, contract administration and environmental permitting. March 1 989 to present Florida Power & Light Company (FPL), Miami, Florida; Engineer - responsible for design and management of distribution construction projects for commercial. residential, and industrial sector. June 1986 to March 1989 McDermott Engineering, lnc., Houston, Texas; Project Engineer - responsible for design and engineering of civil structures for industrial sites, refineries and power plants. August 1981 to May 1984 Fluor Engineering and Construction, Inc., Houston, Texas; Structural Engineer - designed steel and reinforced concrete structures, foundations, pipe supports, and other plant structures. March 1980 to July 1981 1800 N. Douglos Rood, suiie 200, pembroke pines, Florido 33024 (3os) 436-7om Fox (305)-436-8664 Dan A. Tintner, P.E. Continued Relevant Project Experience: Griffin Road widening, designed in conjunction with the New Testament Baptist church development in unincorporated Broward county from Hancock Road tosouthwest 136th Avenue. Services provided included pavement design, drainage, signing and marking plans and permitting. Nob Hill Road lmprovements, the stretch of Broward county Roadway south ofoakland Park Boulevard. services provided for this project included: roadwayplans for intersection design, turn lanes. pavements signing and marking and coordination of traffic signal design with Broward county Traffic Engineering Division and subconsultants. The Trails, a 126-acre residential subdivision in Pembroke pines, Florida which entailed surface water management and water distribution system design,permitting, coordination of contractors, inspections, and coordination with governmental agencies. . Nob Hill Palms, a 4O-acre subdivision which required roadway plans, drainage, utilities, pavements, signing and marking plans and improvements for l OOth Avenue in Davie, Florida. PROFESSIONAL AND CIVIC ACTIVITIES:o Member, Florida Engineering Societyr Member, American Society of Civil Engineerso Member, National Society of Professional Engineers. Member, Association of Energy Engineersr Member, Davie Toastmasters Club 2508 Kevin M. Hart, P.E. Registrations and Certifications: . Registered Professional Engineer, State of Florida. Certificate of Continued Professional Development, Florida Society Bachelor of Science in Civil Engineering, Virginia Tech. 1 9g 1 Engineering Education: Relevant Professional Experience: Robert H. Miller & Associates, lnc., Engineers . planners . EnvironmentalProfessionals Pembroke Pines. Florida; principal/Senior project Manager _ responsible for design, contract administration, and project coordination forearthwork, roadways, storm drainage, water and sewer systems,environmental permitting, project planning, and associated site developmentwork. October 1981 to January 1989, January 1g9O to present Ameri-First Development Corporation. Miami, Florida; project . DevelopmentEngineer - responsible foi budgeting, scheduling, and overall projectcoordination for site development projects including 9go-acre lmagination Farms and 1,2OQ-acre Sawgrass Mills. January 1989 to January .l 990, Dewberry and Davis, Consulting Civil Engineers, Vienna, Virginia; CivilEngineer - worked as a technical evaluator for National Flood lnsuranceProgram. June 1981 to October 1981. Relevant Project Experience: West Broward lndustrial Park, a 48O-acre mixed-use industrial andresidential development located in pembroke pines, Florida. Servicesprovided for this project included surface water management, permitting, roadway design, grading design, site planning. participation in land uje amendment and rezoning processes; as well as paving, drainage, water,sewer, lift station design and permitting, construction observation and contract administration. '1800 N. Douglos Rood, suite 2oo, pembroke ptnes, Ftorido 33024 (305) 66-7000 Fox (3os)-436-8664 Kevin M. Hart, P.E. Continued Spring Valley. a 540-acre residential development located in pembroke Pines, Florida which entailed a variety of services including, surface watermanagement, site planning, permitting. roadway and grading design,paving, drainage, contract administration and construction observation. Shenandoah, a 600-acre mixed-use development in Davie, Florida. Services provided for this project included, roadway and grading design,site planning, permitting. surface water management, paving, drainage. contract administration and construction observation. Professional and Civic Activities: Broward Branch of American Society of Civil Engineers, past president - 1 991. Member, Florida Engineering Society. Davie Toastmasters Club 2508, Past President - 198S, 1g8g 2 .! REFEBENCES BEFERENCES Mr. Don Bayler City of Sunrise Director of Utilities 14150 NW 8 Street Sunrise, Florida 33325 (305)846.7406 Mr. Larry Lietzke Director of Community Services 950 NW 38 Street 0akland Park, Florida 33309 (305)357.8122 Mr. Mark Roe Proiect Manager School Board of Broward County Facilities Department 1700 SW 14 Court Fort Lauderdale, Florida 33312 (305)765-6390 Mr. Taj Siddiqui, P.E. City Engineer City of Pembroke Pines 10100 Pines Boulevard Pembroke Pines, Florida 33027 (3051431.4500 Mr. lllem Gomez Assistant City Engineer City of Miramar 2600 SW 66 Terrace Miramar, Florida 33027 (305)989-6200 STANDARD F()RMS 2541255 STANOARD FORM (sF) 254 &chllocl-ErElneorrnd R€lat€d S€fllcar Ou6torin.io 'l . Firm Name / Business Addrsss: Robert H. Hlller & Assocl.ateE, Inc. EngLneers. Planners & EnvLronoental Profes sional s 1800 N. Douglas Rd. Sulte 200 Peobroke Plnes, Florlda 33024 1 a. Submittal is ,or 0 Parent Company E Branch or Subsidiary Ollice 2. Year Presonl FirmEstablished: 797 6 3. Oate Prepared | 127 194 4. Speclly type ol ownershlp & check below, il applicable. Cor or on B. Small Oisadvantag Buslness C. Woman-ownsd Buslness 5. Name ol Parent Company, ll any: N/A 5a. Former Parent Company Name(s), if any, and year(s) Established: N/A 6. Names ol not mors than Two Principals to Contact: Title / Telephone 1) Robert H. lli11er, P.8., Presldent (305) 436-7000 2) Leo H. Schvartzberg. P.E. Vlce Presldent (305) 436-7000 7. Present Otlices: City / State / Telephons / No. Personnel Each Ollice Peubroke Pines, Florlda (305) 436-7000 24 7a. Total Personnel 24 8. Personnel by Discipline:(Lisl sach person only once, by primary lunction).6 Administrative _ Electrical Engineers _ Architects _ Estimators_ Chemical Enginsers _ Geologists7 Civil Engineers _ Hydrologlsts2 Construction lnspectors _ lnterior Designers_ Draltsmen _ Landscapo Architecls _ Ecologisls _ Mechanical Engineers_ Economlsts _ Mining Engineers _ Ocsanographers _:L Planners: Urban/Regional_ Sanitary Engineers _ Solls Englneers_ Specilication Writers_ Slruclural Engineers _ Surveyors_ Transportation Enginears I Biolo lst5 CADD TechnLc la ns 1 Environmental Ens -Planning A66i6tantI 24 9. Summarv ol Protesslonal Service Fees Recelved: (lnsert lndox number)Last 5 Y€ars (most rscent year lirst) 19 92 19 91 19 90 19 89 19 88 Direct Federal contract work, lncluding overseasAll other domestic work All other ,oreign work'_____l_5s5s 'Firms inlerested in lorelgn work, but without such experience, chsck hsre: tr Banges of Professional Service Fees INOEXsss lhan $ 100.000100,000 lo $250.000250.000 lo $500.000500,000to$tmilionI million lo $2 miltion2 million lo $5 million5 mlllion lo SIO mittton 1O million ot gr€alet 1. L2.S3.$4.$5. S6.S7.$8. $ PAGE 'sIANOARO FORM 25a IREV. rO.83l I II rtrtttt I I I )I I I I I 1) 023 2) 046 3) 062 4t 07e 5) 088 6) oe2 7) oe6 8) r04 9) 107 10) l15 11) r17 121 2or 13) o2r 14) 082 15) 028 16) 't7l 18) 19) 20!. 211 22) 231 24) 251 26) 271 28) 2sl 30) Number ol Total Gross Fees 10. Prolilo ot Flrms's Prol€ct Experlenc€, Last 5 Years (in thousands)Proiects Number o, Prolects Number ol Proiects Total Gross Feas (ln lhousands) l3 18 2I I 9 33 2 6 2 t4 130 t76 8 r 84 Tolal Gross F€es (in lhousands) 55 1,800 110 l0 2 Prolils Code Prolils Code Profile Code 1 1 . Proiect Examplss, Last 5 Years Prolile Code 'P", , or 'lE"Proiect Name and Location Owner Name and Address Cosl ol Work (in thousands) ComplelionDals(Actual orEstimatod P 1 SunrLse Street Resu rf ac ing andReconstruction Area 1 & 2Sunr-lse, E1o rida Clty of t07 70 !t.Sunrlse, SunrlseOakland Pk Blvd.Florlda 235.0 12/92 046 104o23 P 2 s D .lI. 100th AvenueavLe. FL B.C 115Ft. DivlslonEn Sou glneerlngth And rerrs Avenue 33301Lauderdale, EL 06193 201 o92 102 114 P 3 lJest Lake Pa rkHollyrrood. FL B.C, Perks and Recreatlon Dlv950 N.tr. 38th St reetOakland Park. FL 33309 8 .000 .0 72193 046 096 104ll5 c 4 Brova rdA,B,F,LBroward Elenentary School s&vFL CountyH,O,U,County , B ror.ra rd County l7 00 S.W, l4 Coft. Lauderdale, School Boa rdurtrL 333t2 3 .600 .0 12190 04 6 096r07 115 c 5 Brovard County Hiddle School sDD, Perry. Sunrlse, Everglades, Olsen Broward County School Boa rd 17 00 S.W. l4 Courtft. Lauderdale, FL 33312 2,500,0 033 P 6 EDOT !{on roe County StudyMonroe County, Florlda EDoT Dlstrlct 61000 N, !1. lll AvenueMlarol. fL 33172 25.0 72193 04 6 104 096lt5 P 7 Spring ValleyPeobroke Pine6 , FL Glassman AssocLates, Inc.1000 S. Federal Hr+vBoynton Bch. FL 35437 5.000.0 5 u 25a (nEv. r0-83) tt RO 2,060 33 2 6 2 140 625 592 l6 625 046o2t 106 5,500.0 06/93 t2196 I I I tttl Ittt IIII 104 P I s. u. r36SunrLse.Dralnege StudySt reet FL AEeriELrEt DevelopEent P. O, Box 025029laEl, FL 33102 1.0 t2l9L r15o2t10{ c I Blockbuster StudHollyvood. Floria a Blockbuste rOne Blockbuster PlazaFt. Lauderdsle. FL 33301 10.0 08193 045 095 104 115 C 10 Hlgh School trEEEr' Penbroke Plnes. FL Broward Count1700 s. u. r4 School Boe rdurtrL 333r 2 vCoEt.Lauderdale, 1.5 12/94 046 104o23 P 11 Sherlden St reetEa6t & llest of 196 AvenuePeobroke PLnes, Florida geron Land DeveLopnent5 NW 184 AvenuePembroke PLnes, FL 33029 Ber2t5 750.0 \ 2193 056 062 115 046 P 12 Plne Island ParkDavLe. Florida Town of Davle659f S.W. 45 StreetDavle, FL 33314 200.0 09/90 046 096r04rl5 P 13 Shenandoah Sectlons 3 & 4Davie, FL Shenandoah Assoc.l.at9040 Sunset Drive,Hiaol, FL 3317 6 Inc.fiis 3,000.0 t2188 104 115 021 046 P 14 St. Andrerr6HarBate. Florlda The Rel a ted2828 Corallani, FL, snies of FL,enthouse Ste.p P 5 vl4 Coota 33 09/93 046 096 021 088 P 15 Tree Tops Park/Qulet Waters ParkDrovard County B.C. P8rk6 and RecreatLon Div950 N.W. 38 StreetOakland Park, EL 33309 600.0 08/92 r 04115 046 096 P 16 Vlctorla Lakes @ Penb rokePeobroke Plnes. FL SvLesco Develo7975 N,W. 154Hlenl L8ke6, F Eent Cot reet ,33016 p s L rD/lioo 400.0 12l9L 046 096 104rl5 P 17 DlnensLons II atPeubroke Plnes.Chapel TrallFL GeDstar Honea , fnc.15900 Plnes Boul eva rdPembroke Plnes, FL 33027 400.0 05 192 046 096 104 115 P 18 UiraEar Park of Conmerce Tract 'E'.BTS'H', Ar&T, BTS'P'. Saxon Paper,BTS 'Q', BTS 'D2', MlraDar, FL Sunbeam Propertles, fnc.l4 0l 79th Street CauserrayMlaol, FL 3 3141 r00.0 07 192 201 o62 o79 o92 P '19 Savgra66 Pl ant at lonPl.entatLon, FL 201 S. BlscaHiaol. fL 3 /l: t goLandstar HoEes,f nc.81vd,yne3r3l 1,000.0 12 192 PAGE 6 oBu 25a , t 0.03) 50.0 ttttt lltt tt tt I IIIII 092lls019 201 P 20 lle6t Brovard Industrlal ParkPenbroke PLne6. FL BerBeron Lend Dvlp CorpP.O. Box 62 80Hollyvood, FL 33021 1.0 12192 056o62 115046 P 21 Plne Island Pa rkDavie, F1o r lda Tor,rn of Davle659f S.W. 45 StreetDavLe. FL 33314 200.o 09190 201 046o797t7 P 22 The Tra t1s /West Brovard Industrlel ParkPenbroke Plne6 , FL Bergeron Land DevelopEent IncP.O. Box 6280Hollynood, FL 33081 1,600.0 12192 096201r07o28 P 23 New Testanent BaBrolrard County,PF tlst Church L New Testanent Baptlst Church 66 01 N.lt. 167 StreetUiaol, fL 33015 r.000.0 12/94 046 096 104ll5 P 24 The LandlnPenbroke P s.s S ub d ivi6I onlne5, rL PeEbroke Developnent Corp. 2 001 lle6t Sarople Road Poopsno Be8ch, FL 33064 3,300.0 12190 r04 04 6 096 115 P 25 Percel 5 SunrLse, at FL Savgra66 Mi11E Landstar Hones. Inc,{152 N.W. 54 Street Coconut Creek, FL 33073 400.0 t2 l9t 04 6 201 079 062 P 26 Nob H il1 PelEsDavle, FL J&JBut1der6,fnc. 117 8l N.W.24th St reetPlantatlon, EL 33323 750.0 12/93 104 115 03 3 P 27 Honarch LakeaHlranar, E1o rld a Roenca7401 NMlanl. DadeW, 7 St reetFlortda 33126 t2l9s 046096o92 104 P 28 HlraDar Patio Hooe6Hiraoar. FL Southern Internatlonsl Corp1401 Ponce de Leon Blvd.Coral Gables. FL 33134 3,000.0 t2/93 104 046201 096 P 29 llestfieldSouth West EstatesBrolrard, FL Leonard Ha skel6300 South Fall6 Laud e rhill , FL Clrcle Dr333r3 500.0 08192 o23 04 6104 201 P 30 Lake6 at Pembroke Pemb rokePIne6, FL Related2100 Cor Proal L pertiesHay, PH 33145MianlF 350.0 t2l9l 12. The lor t of ,acts. Signature: sta t Typed Namo and Tltle Robert H, Hlller, P. E. Pre6 1126194 Date: PAGE 7 s 25a (REV. I 83) 70.0 tlllll tttttrI I I I I I STANDARO FORM (SR 255 &chltccl.Engln or Rdrt.d S.rvlca! lor Spcclllc Prolcct 1. Prolect Nams / Location lor whlch Flrm ls Filing: The Clty of Dan-la N.W. 5th Avenue IEp roveEent6 Danla, Flo r lda 2a. Commarce Buslne!sDally AnnouncemenlDals, It afly: N/A OMB App,ov.t No. 3oso -OoZr2b. Agency ldentitica onNumber, it any: N/A 3. Firm (or Joint-Venture) Nams & Address Robert H. l,tt11er & As6oclate6. Inc. Englneers PJ. anne rs Envl. ronEental Prof essionals f800 N. Dougla6 Road, Sulte 200 Peobroke Pine6, Florlds 33024 3a. Namo, Title & Telephone of Principal lo Contact Robert lI. Hlller, P. E. Pre6ldent(305) 436-7000 3b. Address ot ollice lo perlorm work, lf dillerent lrom ltem o Sane 4. Personnel by Discipline: (List each person only once, by primary lunction.) 6 Administrative _ Electrical Engineers _ Oceanographers_ Architects _ Estimators J Planners: Urban/Reglonal_ Chemical Engineers _ Geologists _ Sanltary Enginaers7 Civil Engineers _ Hydrologists _ Soils Engineers ..._,L Construction lnspectors _ lnterior Designsrs _ Specllication Writers_ Draftsmen _ Landscape Archilecls _ Structural Engineers_ Ecologists _ Mechanical Engineers _ Surveyors_ Economists _ Mining Engineers _ Transporlation Engineers I Blolo El st 5 CADD Techn lc lan s I EnvlronEental EnE. I PI nnln Assi tant 1L rolal Personnel 5. lf submitlal is by JOINT-VENTURE list participating lirms and outline specllic areas ol responsibilty (including administralive, technical and linancial) lor each lirm: (Attach SF 254 lor each il not on lile with Procuring Ottice.) 5a. Has lhis Joint-Vontura prsviously worksd logethsr? E yss Cl no PAGE 3 STANOARD IOAU 255 (F€V. tO.!r I ttl I I rtrtttrrt I llI 7. Brisl resume ol key persons, spocialists, and indivldual consultanls anllcipated ror this proiect a. Name & Titls: Robert H. Mlller. P.E Presldent a. Nams & Tills: Dan A. TLntner, P. E. Pro ect Hana er b. Projecl Asslgnmenl: Prlnclpal ln Cha rge b. Proioct Assignment: Project Manage r c. Namo ol Flrm wllh whlch assoclatod: Robert H. M111er & A6socLetes, Inc. EngLneers, Planners & Envlronmental Professlonals c. Nams ol Flrm wlth whlch assoclaled: Robert H. Mlller & As6ocletes, Inc. Eng.lneers Planners & Envlronnental professlonals d. Years sxporisncs: Wilh This Firm 17 .0 With Other Firms 9 . 0 d. Years experlence: With This Flrm 6 . 0 With Othsr Flrms L O e. Education: Degree(s) / Year / Speclalization BSCE/r953/Ctvl1 Englneerlng MBA/1976/ anageBent e. Education: Degree(s) / Ysar / Speciatization BSCE/f 980/Ctvil Englneerlng UBA/ l9 86 /U8na genent l. Active Registration: Year Flrst Begistered / Oisclpline PE I 197 2 I C lv LL EnglneerJ.ng C1PDI L97 6l Civ-[l EngJ.neerlng l. Active Bsgistration: Year First Reglstered / Oiscipline PEl1988/ClvIl Englneerlng ccPD I19841CLv-tl Engtnee rlng g. Other Experience and Oualilicalions rolsvant lo the proposed prolect: Robert lllller has served ae ProJect Manager ofseveral oaJor proJects, lncludlng nev construction and reconstructlon both uaJor and ulnor roadvays as ve11 as nunerous nunlcLpal and lerge developnentprojects, He has experience and ls knovledgable in deallng vlth governnent and proJect plannlng,feasiblllty atudies. and coordlnatlon on all leve1s. As Presldent and CEO of Robert H. l{iller & Associates, Inc. he J.s responslble for overall operation of the englneerlng and plannlng servlcesincludlng, atudies, envLronoental pernits, designs and con6truction, nonLtorlng of hlghways, roadvays. storD drainage, rdster and ser.rer gysteEs, eLte andland planning. envlronnental Eltlgstlon and other 6ite developrent plannlng for developers, industry, and governnental agencJ.es, PAGE 5t 7 8 g. Other Experience and Oualilications relevant to the proposed prolecl: Durlng Hr. Tlntner'6 tenure aa an englneer vlth FpL,he galned valuable experlence ln ut il lty/gove rnnentcoordlnatlon. Since Jolntng Robert H. Hlller EA6soc.late6. Inc. he has dlstlngutshed hlnself by hlsablltty to clarlfy lesues and vork out agreeDentsbetveen utlllties and governoent agencies. He alsohaa expertlse ln the fleld of trafflc engLneeri.ng. Hehas been responslble for contract adulnstratlon andcon6tructLon observatlon servLces on over 50 Browardprojects, He has served as project englneer andproject Daneger on proJects lnvolving road6.drainage, rrater and aelrer ayatens for both public andprl.vate agencles throughout Brovard County, STANOARD FOnM 255 lnEV, lo.8a) I I tl lltttttltttlII a. Name & Tille: Kevln H. Hart. P.E Vlce P re s ldent a. Namo & Titls: b. Prolect Asslgnmenl: Deslgn Englneer b. Prolect Assignmsnl: c. Name ol Flrm with whlch associaled: Robert H. Htller & Aasoclates, Inc. c. Name ol Flrm with which associated: d. Years experience: With This Firm,UlJl_with olher Firms 2 . o d. Years experience: Wilh This Firm With olher Firms e. Education: Degree(s) / Year / Specialization BSCE/ r98l /Ctvi1 EnglneerLng e. Educatlon: Dogree(s) / Year / Spscialization l. Active Registration: Ysar Flrst Bsgistored / Disclpline PEl1986/Ctvl1 Englneerlng CcPD/r985/C1v11 Englneerlng f. Active Reglstration: Year First Reglstered / Discipline g. Other Experience and Oualilications relevant lo tho proposed proiect: Mr. Hart has extensLve experl.ence ln the deslgn andcon6truction of publlc vork6 Ln Brovard County. He has gerved e6 project EEnager and project engineer onover 200 projects lnvolvlng roads. eldewalks, drainage, r.ater and aewer Eysteus throughoutBrovard. In thls capaclty, he has dealt vlth all ofthe approval agencies involved ln the th16 proJect. includlng the Clty of Hollywood, FDOT. SFWlfD, Broward County Englneerlng DlvLslon. Broward County publlc Health Unit, Brovard County Dept. of Netural Resource Protectl.on and Dade County. He has special expertlsein conatructLon contract adDlnl6tratlon and fleld oonJ.to rJ.ng of contracto16 perforDance. PAOE5670 g. Othsr Experlence and Oualilications relevant to lheproposed proiect: sTlNoAno Foas 255 {F€v. r0-e!, 7. Briel resume ol ksy persons, specialists, and indlvldual consultanls antlclpated lor this proiect ttt rrtttltttt tllr II 8. Work by lirm or ioint-venture m6mbsrs which bssl illustratos curr€nt qualitlcations relsvanl to this proiect (list not more than 10 proiects). o. Estimated cost (in thousands a. Proiecl Name & Location b. Nature ol Firm's Responslbllily c. Prolect Ownsr's Name & Address d. Compl6tlonDale(actualor eslimated) Entire Proiect Work lor which lirm was/is responsible {1)Potter Park BLock GrentTovn of DavLe, Flo rlds Grevlty sever dsgn/plnresurfaclng, d ra lna geconst ruc t . ln6pectlon Tor.rn of Dav.leBrot/ard Countv CoDDunltvDevelopnent Block Grant' Prog. 0sl87 354.0 354.0 Deslgn of 2 ll2 alle4 lane d -lvlded ruralrd & horse trall. 12)S.W. l00th AvenueDavle, FL B.C 115Ft. Englneerlng DlvlslonSouth Andrews AvenueLauderdale, FL 33301 061 93 5 ,500.0 5,500.0 (3)S.ll. 135 StreetSunr-l6e, FL Dralnage Study Evaluate & nake recoo-roendatlons on d ra lna geprob on 1 nile 6 ln rd AEerlFlr6t DevelopnentP.O. Box 026029Ulanl, FL 33r02 t2 191 1.0 1.0 (4) Sunrise St reet Re6urfaclng andReconstruction Ares I & 2Sunrise, Florida Re6urfacl.ng 62,000' ofSts & drlvevay aprons,con6t ln6pect & adDln. SunrLseOakland Pk Blvd. Flo rldaISunri6e, ofcit 107 0 t.,. 12l 92 235.0 (5) Sheridan Peob roke St reetPines , FL Engrilaneconst ns of d Yvtdln6p 2 olle 4ed rural rd.ect & adEln. B.C 115Ft. EngineerJ.ng DlvislonSouth Andrews AvenueLauderdale, FL 33301 t2 186 2,320.O 2,320,0 (6) FDOT Honroe County StudvMonroe County, Flirrida -Study of HIt I gat lon6ite6, and Envrn.studlea FDOT Dlstricr000 N,tr. rlMiaol, FL 33 tIt7 6Avenue 2 t2 193 25.O (7) 16 E1en. &throughout iddle School s B ror.,a rd County Slte ents1 conobserv - horlzon-constrgrIng. t ro1 , B rorva rd County School Board 17 00 S.W, 14 CourtFt. Lauderdale, FL 33312 06/93 96 .000 .0 (8) Spring ValleyPeDbroke Pines. EL Rds, d rnge, vtr,6everprDttlng. contract adnand -[ns pec t lon Glassman r 000 s.Boynton A66oclates, Inc.Federal HvyBch, FL 33437 12196 120,000.0 5,000.0 (s) Huntington/Country LakesMiraEar. FL atlon evaluat ioneslgn, deslgn &atlon Donitorlng HltiB& rednltig Huntington Broward A6soc L. P.3350 Lakeslde DrlveMiranar. FL 33027 12/94 r50.0 150.0 (1 0) The Tr8 i 16 /Wes tfndustrial. Pa rkPeEbroke Pine6, PAGE 9 B rova rd FL Rd.&p 600 dralnage & Watereroitting for aacre proJect. Bergeron Land Development IncP^O. Box 6280Hollyvood, EL 33081 12192 16,000,0 STANOARO FORU 255 1 ,600 .0 (REV. lqqll I I I 235.0 25.0 8,000.0 I I I rrrtltttrlltltII 10.Use lhis sPac€ lo Provide any additional lnlormation or doscrlplion ol rosources (lncluding any comput€, doslgn capabllities ) supporling your lirm's qualifications ,or the proposod prol€ct. The teaE we heve asserobled ua6 cerefully selected based on the colleqtlveerperLence of itE profeeeLonals 1n roadvay, draLnage and s ldevalk deslgn,eaaeIoent6, fleld nonltorJ.ng and contrect adnLn1stration. The conbLnedexperJ.ence of our professLonals offere the knowledge and expertl.6e requJ.redsucce66fu1ly conplete the task of laproving N.tr.5th Avenue ln 8 tIEelyresponse to the C lty of Danla 's needs and erpectatLon6. A6 Pre6Ldent end cEo of Robert H. u l11e r & AssoclateE, Robe rt H. xlller, p.E..ls responslble for overall operat.lon of the engJ.neer.Lng and plannJ.ng servJ.cesincludlng studleE. envJ.ronnental perDlts. des I gn and const ruction. non.ltoringof hlghvays, roadvays, sto rE dra_lnage, uater and seve r 6ysten6. slte and landplanning. envlronnental nLtlgation and othe r sl.te developuent plannlng fordevelopers and governnental agencl.e6. He Ls also kno},ledgable ln deaiing rrithgovernnent and proJect plannlng. feastbillty st ud le6 and coordination on all1eve1s. Dan A. TLntner, P,E. ha6 served as proJ ect tDanager on several proJectsinvolvLng roads, draJ.nage. !rater and sever systeE6 for both publtc end prlvateagenc.les throughout Dade and Broward county. since Joinlng Robert H. Hirler &Associate6, rnc., he has d ls t lngul shed hlrnself by hts abir rty to clarifyissues and !rork out agreeloent6 betveen utllities and gove rnent egencies. Healso exhiblt6 expertl6e in the field of traffic eng.lneer.lng and has beenresponsible for contract adEln6tratlon end constructLon obEervat-[on serv-lceson over 50 proJects throughout Bro.trard County, KevIn !{. Hart, P.E, haa extenaive erper-lence Ln the deslgn and conatructlon ofpublic rrork6 in Broward county. He he6 aerved aE project nanag,er on over zooproJects lnvolvlng roeds. sldewalke, drainage, vater and sever 6yatensthroughout Bror.rard county. rn thlE capacLty, he has dealt dtrectly vith allof the approval agencies Lnvolved in the coEp l et Lon of ee ch proJect and hasacqulred 8pec.la1 exPerti6e 1n cont ract adDin 1s t rat 1on and fleld Donltorlng ofcontractora gerfornance. to stal e m nt t lacts Typ€d Name and Tltle 1 l. The lore Robert H. Hiller. P res ldentSignature: PAG€ I I SIINoARO FORM 255 {aEV. to,8 Dats: 3) tl26/94 ltt I ltttt I I ttttttII MEMORANDUM TO: MAYOR AND COMMISSIONERS FROM: WANDA MULLIKIN, CITY CLERK SUBJECT: NEEDED BOARD APPOINTMENTS DATE: FEBRUARY 10, 1994 APPOINTMENTS NEEDED FOR THE MEMORIALS COMMITTEE: VICE-MAYOR MIKES: 1 APPOINTMENT NEEDED APPOINTMENTS NEEDED FOR AIRPORT ADVISORY BOARD: MAYOR GRACE: 1 APPOINTMENT NEEDED COMMISSIONER BERTINO: 2 APPOINTMENTS NEEDED COMMISSIONER HYDE: 1 APPOINTMENT NEEDED TO REPLACE DONNA SIMIONE. (SEE ATTACHED). APPOINTMENT NEEDED FOR CODE ENFORCEMENT BOARD ONE APPOINTMENT TO THIS BOARD IS NEEDED BY COMMISSIONER BERTINO TO REPI.ACE ROXANE KNIGHT WHO HAS RESIGNED. ROXANE WAS SERVING IN LIEU OF A CONTRACTOR. APPOINTMENT NEEDED FOR THE PARKS AND RECREATION BOARD: ONE APPOINTMENT IS NEEDED BY COMMISSIONER BERTINO TO REPLACE ROXANE KNIGHT WHO HAS RESIGNED. I HAVE ATTACHED A LIST OF THOSE PEOPLE I HAVE ON FILE THAT HAVE EXPRESSED AN INTEREST IN SERVING ON BOARDS. THESE APPOINTMENTS WLL BE PLACED ON THE FEBRUARY 22ND AGENDA. €lS:8I t66l-ffiJa'd _# TA HATMA TULLITT{. MI{IA CITY CLERX DA}IIA AIRPORT ADVISORY COMIIITTEE DA}.IIA OT' HATI- r(D sEttDANtAE cHg.I,sl/ rD DANIAFL 'F' }IEMO Feboary 3, tgea ooua Sirione has not ettend€d three cms'cltiw :etings of th€ Dani a Al rport Advisor-y corrittce -. .:iJE;;;;;* alsentc roi ttis noo rttendancc' Thc FRODL ELD RE REP@ D AC bY 'l ars st te: NAT{AGER. e'ld Chairperson, Dan'i a Ai rPort F^ooflTTEEExsERH^sTHREE(S}cor.sEcr,TrvEurExcUsED^BstEilcEslIlA TtflELvE (12l ror{TH smil, sri;"fErdli}nru' H vEllJr(xATEALLY REslGl{ED ncn, pcErnor ruo nre ffi -THE lxxrl qTY coxruxxn ro elpq{r^ *Ew r€IxBER T;iliffiirEli-n cexrPrY FoR Ax acusE BY ffirrD{c rl{E cLERt(oF nre^fiTiili'iur-*.fqlErtG oArE ^lrD TlrE tr rlc Etnxc srATlilG THE RErscG'FoR-il€i rssarc-e-JHE coiltrrEE sll LL voTE (I{ WHEI}GR ror ro cn trr;il AiiE t-A TAEqIY-tr rflooE ArrE}rB?rG rHE *EEru.c vorE YEs, Tl{E qc[i;EIE ciirrrro ro-rxe ABSENT tEtaER rtlE cH nPERsoNl SHALL xorffi'ieraER Bv r^tL-ffiio AcqnruurEs Ttro trl coilsEc{rrwE unscusED AiUi#iEf @y=gtn"* ssrx rurH coPes oF srtr, lt(rr DEpcstrED wnHE-dEii ir-ire i:iv'a oexr AxL THE D rllA clTY Plcasc put an iter on the Com'lssion Agenda to re 've Donaa Slnione fror thc D Af,' Thank You. S'i ncerel y , {ltz cc:v{ce Otai r Beulah Lair i."u"ri rt"tt.y, Danla City l{anager Cotnri ssioner Bi 11 HYde MvisorY Cooi ttee /-to -r/ <_6-64'-U MEMOR ANDUM TO: MAYOR AND COMMISSIONERS FROM: WANDA MULLIKIN, CITY CLERK SUBJECT: VOLUNTEERS FOR POSSIBLE BOARD MEMBERS DATE: DECEMBER 20, 1993 IN RESPONSE TO NEWSPAPER ADS IN THE OANIA PRESS AND NOTICES ON THE UTILTTY BILLS, THE FOLLOIA'ING CITIZENS HAVE VOLUNTEERED TO SERVE ON VARIOUS BOARDS AS NEEDED. Leta Scanlan 709 NWTth St. Dania, Fl Phone: 922-3663 lntersted in Code Enforcement board, lndustrial Board or P. & Z Board Ms. Edythe Gilbert 201 SE 11th Tenace Dania, Fl Phone 925€340 lnterested in lndustrial Board Mr. Ralph Squeglia 1024 SE 3rd Avenue Dania, Fl Phone: 925€145 lnterested in any board or committee Ms. Florence A. Eggers Meadowbrook Condominium 425 SE 11th Tenace #201 Dania, Fl Phone: 922-0135 lnterested in Human Relations Board BROWARD COUNry LEA l15SOUTHANDREWSAVENUE,FOOMl22. FORT LAUDERDALE, FL 33301 . (305) February 10, 199 4 MEMORANDUM *IOO/94 GUE of CITIES M,2,,,,,,, TO: FROM: SUBJECT : A11 Member Cities walter W. Fa1ck, League Executive Director Voting Delegates and Alternates It is the policy of the Broward County League of Cities to confirm yearly yogr city's voting delegate and alternate prior to t'l.te annuat tlection- Meeting in April. Upcoming municipal elections may effect the status of tnese individuals. Article III, Section f of ttre League By-l,aws states: "The Voting RePresentative of each member Eity lnaff be chosen by the respective cities in any manner as it may decide upon and shal1 be accredited in such manner as may not, or herelfter be provided by the Board of Dlrectors. written notification of such selection sha1l be posted with the League Secretary in a reasonable amount of time. " lEach Voting Representative must be either an elected officialor the chief administrative officer. ) For the City /Town of Dania we show the fol lowing : Voting Delegate Bobbi- crace Al ternate Bob l{ikes would you please comPlete this form and return it to the League office before April 1, L994. Thank you. New Voting Delegate New Alternative t I HEY, HEY IT'S THE DANIA MONKEYS COME HEAR: ''THE DANIA MONKEY STORY'' March 29, 1994 7:OOpm Dania City Hall 1OO W. Dania Beach BIvd. The presentation lncludes a 45 mlnute video documentary by Dale Mlnnich , pbs a briel discusslon with Attomey Harry Averell on the cr.rrent legal statrc and futwe protection For more info. contact Kristen Jones, 921-87OO ext.37o Dania Department of Parks & Recreation OOO --- O O - OO I GITY OF DANIA INTEROFFICE MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: FROM: Robert Flatley City Manager Will Allen Growth Management Director nA. All* RE:VA42-93 - Request for Rear Yard Setback Setback Variance Jon and Ada Ardeljan, 510 SE 4 Court Date February 22, 1994 The public hearing for the variance requested by Jon and Ada Ardeljan was continued from the February 8, 1994 City Commission meeting until the February 22, 1994 meeting. lt has been inadvertently left off of the agenda. Please add it by addendum as item 4.3 or otherwise it will need to be republished. The backup from last meeting is attached. lt is still applicable. WA;lc CITY OF DANIA INTEROFFICE MEMORANDUM GROWTH MANAGEMENT DEPARTMENT \ a TO: FROM: RE: Date February 3, 1994 Robert FlatleY City Manager Will Allen Growth Management Director bilNL VA42-93 - Request for Rear Yard Setback Setback Variance Jon and Ada Ardeljan, 510 SE 4 Court A public hearing is scheduled for the February 8' 1994 CiV Commission m-eeting "tL""ri"S ih"Lquest tora variance by Jon and Ada Ardeljan' 510 SE 4 -Court' The request is to construct " ."i""n enclosure around the swimming pool to within four inches from the rear p,op",ty lin". Section 6.12 of the zoning code requires a minimum setback for screen enclosur; of five feet from side and rear lot lines' ThePlanningandzoningBoardreviewedthisrequestattheirJanuaryl9'1994 ,""i1"g. ii,',,i""or."io"tion is to deny the requested variance as the Planning and 2""i"g-B""rJ does not feei the criteria for obtaining a variance as listed in Section 10.13 of the zoning code *,s "no*n by the applicant' The vote was one member in favor and four against. ThepropertyislocatedattheSouthwestcomerofSW4CourtandSW5Street.The i"", Lt ti"," jroperty abuts sw 5 Avenue. The proposed screen enclosure would .rir*na the existing swimming pool. The section of the screen enclosure around the iacuzzi is oroposed to nave tes-s inan the required 5'setback. The pool and iacuzzi ;-;;; th; ,-"qri"o ,ini.r, setback. The enctosure woutd inctude a deck area around the Pool. ThePlanningandZon|ngBoarddidnotfeeltheapplicantshowedanyspecial conditions oiany uniqua circumstances which the enforcement of the zoning code results in undue hardship on the applicant' WA;lc Il NOTICE OF PUBLIC HEARING BEFORE THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA REGARDING THE FOLLOWING REQUESTED VARIANCE ICE 1S HEREBY GIVEN that the City Commission of the City of Dania, Florida on, February 8, , at 7:30 P.M. or as soon thereafter as the matter may be heard, will conduct a public hearing the C6y Commission Meeting Room of the Dania City Hall, 100 West Dania Beach Boulevard, nia, Florida, to consider the following proposed Ordinance. Petition No.: VA42-93 - The request of Jon and Ana Ardeljan for a variance from rear yard setback requirements for a screen enclosure for a swimming pool for property at 510 SE 4 Ct. Section 6.12 ol the Dania Zoning Code requires a minimum 5' setback from the rear property line. The request is for a variance to allow the screen enclosure to within 4 inches of the property line in the area surrounding the jacuzzi section of the existing pool. The legal description rb.' THE NoRTH 3.00 FEET oF LOT 17, ToGETHER WTH ALL OF LOT 18, 'GLEN LAUREN HOMES', ACCORDING TO PLAT PLAT THEREOF AS RECORDED IN PLAT BOOK 141, PAGE 35, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIOA, TOGETHER WTH THAT PORTION OF SE 5 AVENUE, AS SHOWN ON SAID PLAT OF'GLEN I-AUREN HOMES', BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE Nw CORNER OF LOT 18 OF SAID 'GLEN-LAUREN HOMES'; THENCE, SOUTH 89.58'22' EAST (ASSUMED BE RING) ALONG THE NORTH LINE OF SAID LOT 18, A DISTANCE OF 82.02 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE SOUTH 89'58'22' EAST 34.98 FEET; THENCE, SOUTH OO'OO'OO' EAST ALONG THE NORTHERLY EXTENSION OF THE EAST LINE OF SAIO LOT 18. A otsTANcE oF 34.99 FEET; THENCE, NORTH 44'59',11'WEST ALONG THE NORTHEASTERLY LINE OF SAID LOT 18, A DISTANCE OF 49.49 FEET TO THE POINT OF BEGINNING. PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WLL NEED RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE STIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANN CUNNINGHAM fDMN. AIDE t i't f 1L-) n 22 1t ) riljd3lt I ro irpr L 3 c,)--) 1 ro l20 sE 7th ST slTE "0470" (145-50) ST tt (84-48) TR Ci !. 1. SANDPIPER BAY COMMERCIAL )oK ) )AN 4th TE-lililll T T o APPROXIMATE SCALE r".300' 792 _I:j M -I5-rTtllr:l.''l,r , Jts U I+h q sE -llth -TERR. OS scHd)L -Z SWEDE LAND rlrl l:l 10 a6 ! 20,_ C( 3 :qT T 1 rE < SEr dF nj 1 2 a T ,i{ () 1 )6 a 2 y ,?} 't G r* N iFH.t #jt_! .t1: rl I E 1 I L RM-2 TOWNHOUSE EASIO No. 1 CHATEAU OEVILLA c0N00 1 r.a CONDOI! E Tn cl "f -27 R1,, n SAI.IOPIPER WOOOS TOWNHOMES DECL. "61" RM-2 { t (148-',14) u17 -2) TE.INS Ir- tsrtrl I I tf I I I I LAKES (84-48) l l- t@ B E- l--,. t 7-E d I- I . "i r.. I.'r t : $ '! :rt $. 'l $ r\ =I .!:{\)i + , _$T o \t os d : xa -tr {7 \v{ ?$;r .i.: J \I =< o r Y i1 r* r\r F v.t\ ,$t $II tll 'acv44 o ta tl -7{tGdIt I1. 0 { v J brH.,o.,?tJgtx, ") sl "tJ.:. tt):{il.t+----, I >-ard/'\ | _-- \ N zf rP rd 0 I I I I I I a ra'-- ; I ; : ;. : i I ! : I I Ii I I I i I I I I I II I I I I I I ; I I i I II i I I -$- i I I I I I I I I I t t t APPLICATlON NUI{88 NA}TE OF APPLICANT: Th. undert igned- -Pe t iiortda to cons lder th l3 aggllcacloa' "' r;llilllil#iillrxr*.' ^$$1i o^t, ,rrro[-\if APPLICAItON FOR VAR I ANCE ',i:'1"",i:;..t'.?;T1"""":1i"it"lni'"to'?'"3""t331'i; <)t.r+*,ht:-: T.rt. ,t < /. pHoNE r 4r.//'-/,t/r./t ADoRESS OE IPPL ICANT !r; PROPERTY INTEREST OF APPL ICANT 3 NAr,lE AND ADoRESS oF PRoPETTT Oi{NER ADDRESS AND LEGAL DESCRIPITOTI OP SUBJECI P o 14t AUJ rr *(a (IT IIOT TgE APPLICANT)t ROP ERTI:qlo 9.e .{rt cl ;; 34 lr A oraer.) &t, LOT SIZE:ttTl?t ^tt^,ZONING CLASS I F ICATION:?-l L t PRESENT USE3 DES t4l uU EA ra cRrPtloN oF ltlE vARrA{c8(s)REQUESTED t ,r A<.t LISt TtlE llAl{ES At{D AODRoss oF ANr ExPERTs (PLANNER' ARcllll8ct' ATTORN eY, ECt.It A[I) t ra Aoq E HUST STAND ON tTS OITN CATION CAREFU LLI ' }tES ITS I{IIHOUT REG eACfl REQUEST COHPLETE IIiIS FOR A VARIANC PORTION OF T8E APPLl ARD TO PLEASE ANY oTtl ER PROPERTY. The es L lonr Pe(tal ntolhac rl !sr l! u9on vh lch th. CltY Conrn !.annlnE and Zonlng goard cons ldsr ll a var tancc v{1! no! be fol lorlng qu lss ton and P conlrarY tot hc aubl lc lnterssl vhere, ov lng to speclal iondtrt on!, r ll ler.l 6n fg (ceIne n t o! th.zonlng o! lhc zon lng codc elll regult ln unneces sary and und r.re hardshlP' Des crlbe hos speqlal condlric;rs and c i rcuinsLa nces cx l5t Yhlch ar' pecul lar to tho land,gtructure or butldtng Involved and rhlch ar! { I to oth er I ands, st (uctu re3 or bu tldlng! ltr the sanc nol zon app I Icable log dlstrlct ,_ ?o4afrY L t!*)4.tt*EA --EES| ogPa?_ - s:'eaos aoGo Ar<arFlP JA.<-vzZr ' I I I Prov lde cv ldenc! th. t the spec I !do not result f(od th. actfios -J lcrt ;:tj;Jii:.;i: c r rcui,s t.ncq! at) to ,.)'o A) 3 oescr ibe hoe granttany speclal privl Iezon lng code to othezon I't9 distrlct. n9 the regues ted varlancelei. on . *re.'iip iiJ.i I' iili"ij )a:; i"'o ";; ff:r..r t.nds, buildings or structurss ln-itrt-"-s"r. I B A50 1 5. tzeErProvide evldence that th€ lIt eral tnte rpr€ ta Ion of ths prov ls lon!of the zontog code yould deprlva thr .Ppl lcant ot rlghtenJoyed by other propert le! ln the !ane zon Ing dl!trict s comnoo lyrnd rouldvork unnecessa ry and undue h.rdshlp on the apgl lcant. rL Gtlp rt Descrlbe hou g6s requesled varlancc Is thcvill araka posslblc the reasonablc ,".-oi"istructur!.. olnlnuo vartanca thatne rand, bulldlag or o J N 6.Explaln hor th.th€ Een6ral lntevarlance(s) vlllvlsa ds Lr lEen ta l ll"l,i,T, lxi"l";l "ffi:,:j" Ll;,"i*j, ds T:lr,ij:inot bc lnjqrlous !o th€.rto trt€ gubl lc uelfar.. e A t)trco oc,LO9 o I t7. fl?.:: .99 lny other connencs lihlchand lhe pl,rnning .nd Zontng Eo"iO-'in w o oay ass ls t th c CIt y Conm lss lonrev lewlng th l! request. NOTE! ILL S IGNAIUAES c r TY CO.YX ISS IOt{ n to and €A]T t, $us? .ji so"iilzED 8y ogDgp oF T8E OANIA /Iure Pe onert rhl 1Ot lrlt ^)lz:1Lday oC la(-C,. r d4J Comrnlss lon Exp Ireg:.y ub subscr lbed be fo re me /^\ o'llRE COUTURE (Nc:c.j t:--.E c:- FLCATOA\:'_:', -.:1. .,ol r24! -c5 FOR USE wHEl{ PETITIONTR IS IOT OWNER OE SUSJECI PROPERTI THIS IS TO CE8?IEY THAI T A'' r8E OI{NER OFOESCRIEED A8OV8 tN TIIE PETITIOII POR VAIIANAUTHORIZED AFORISAID PETITION FOR YAR I ANCE . fl{€ suEJECr LANDSCE AI{D THAT I IAVErO r{AXE ANO ?tLE TTIE gna lura o nor -?/o S € lrt <.V O./*tt_ t roal Ad ra5s,ty,t. ta t P14rP e e on€ to and subscrlbed bafore ne thi *fl 0", "rlNQ-ql9 aty Connlc! lon Explreg PIERRE COUTURE s TO B8 COHPLSTED BT OFFICE STAIP ONLY IIAIERIALS INCLT'O'D Plan!Slr tchrs FG0Survey_ Llst of ldJacso! Property Olrnert 1'IIS FOR!{ TO 8E FTLED WITH TIIE CIIY OP DATIIAIS GROWTT TAIIAGIXENTDEPARTIIENt. ACCEPTED BYs I OF j i i I I II i I I CITY OF DANIA 1OO W. DANIA BEACH BLVD. P.O. BOX 1708 DANIA, FL 33004 Phone: (305)Far: (305) 921-8700 921-2601 February 22, 1994 g Dr. Charles B. Reed - Chancellor . - State University System of Florida 325 West Gaines Street 1522 Florida Education Center Tallahassee, FL 32399-1950 'Dear Dr. Reed: The City of Dania would like to express its support for the proposed Florida Atlantic University ocean engineering and technology center to be developed in the City of Dania. The members of the City Commission have been given a very impressive presentation by the President and staff of Florida Atlantic University and the Commission has formally acted to endorse the concept. The City of Dania has a long history of involvement with the marine environment and the conversion of the SeaFair marina complex to a major ocean research center would enhance the City's community and economic interests. The City Commission wants to work with Florida Atlantic University, the State University System of Florida and other interested and affected organizations to take the steps needed to make FAU's proposal for 'Sea Search" - The Ocean Research Center in the City of Dania - a reality. Very truly yours, Bobbie Grace Mayor Carolyn K. Roberts Anthony Catanese Senator Ken Jenne Representative Anne Mackenzie , nd cc: { L frctv|rE IESST ouINTERLOCAL AGREEMENT Betlreen BROWARD COUNTY and CITY O DANIA pertaining to ExPansion and Jurisdiction of Fort Lauderdale-HollYwoodInternational AirDort This is an agreement between Broward county, a political subdivision of the State of florida ('tcotNTY") and the city of Dania, a municipal corporation, organized and existing under the Laws of the state of Florida (I'CITY||). - WI?NESSETH: WHEREAS, COITNTY olrns and operates the Fort Lauderdale- Hollywood International Airport (the 'rAirport'r), which j's -presentlylocafed within the jurisdiction of the coUNTY, the gITY and the city of Fort Lauderdale; and WHEREAS, coUNTY and CITY have authority to enter into Interlocal Agreements Pursuant to 5163.01, Florida Statutesi and WHEREAS, coIrNTY and crTY desire by this rnterlocal Agreement to provide for unified governmental services and regulatory control of the Fort Lauderdale-Hollywood International Airport, and to address the cITY's concerns regardinq future expansion of the Airport; and I,iHEREAS, COIJNTY has approved the study entitLed rrTechnical Report: Runway Feasibility study Master Plan Update for Fort Lairderdale-Hofywood International Airport'r dated ]Iay 1993 (the rrRunway Studytt), which study recomnends the widening of runway gR/271' aE the airport to 150 feet and its lengthening to 9,000 feet to accommodate the projected capacity needs of the Airport; and WHEREAS, the Runway study reconmendations and other natters addressed herein are being incorporated into the Master Plan Update for the Airport; and WHEREAS, previous Master Pl"ans for the Airport in 1978 and 1987 depicted the extension of runway 9Rl27L to 6,000 feet; and WHEREAS, the lands needed to conplete the runway expansion arelocated within the CITY; and WHEREAS, COIJNTy provides all necessary governmental servicesand. oversight to the Airport, and, therefor!, desires exclusivejurisdiction within the Airport; and WHEREAS, COIJNTY and CITY recognize the benefit of the Airportto the economy of Broward County and the City of Dania; and _ WIIEREAS, COTNTY and CfTY recognize the need for stability andcornrnitment in planningr. and WHEREAS, COUNTy and CfTY recognlze the need to address 1anduse compatibility around the Airport and the potential inpact ofAirport.expansion on the lifestyle of residents and on the piopertyvalues in the vicinity of the Airport; and WHEREAS, CITY desires the stabilization erin negative inpactplanned acquisition and of i-ts tax base inlight of such planned acquisition of land for Airport purposesl and NOW, THEREFORE, in consideration of the mutual terms andconditions, promises, and covenants set forth herein, COUNTY andCfTY hereby agree as follows: I. AIRPORT EXPANSION AND RUNWAY RESTRTCTTONS 1. CoUNTY and CITY agree that the Airport expansion proposedin the Runway Study, and the nitigation of the inpact of theexpansion, as further addressed by this Interlocal Agreement, is inthe best interest of the residents of Broward county. WHEREAS, COUNTY and CITY recognize the inton the tax base of the CfTY due to the COUNTY,Sof land within the CITY for Airport purposes,. 2. CfTY agrees to assist and support COUNTY in the prepara-tion and approval of the Master Plan Update and the Part 150 Studyfor the Airport. The Master Plan Update shall be consistent withthis agreernent with regard to runeray use restrictions. 3. In exchange for CITY,S assistance and support, COUNTYagrees to: A. Amend the Broward County Land Use Plan and Conpre-hensive Plan to become consistent with the Airport Master PIan andthe Part 150 Study;. B. Restrict the use of proposed runrray 9R/27LfoLlows: -2- as (1) At all tirnes and during all phases of opera-tion, proposed runway 9R/27L shal1 be used only during the hours of7:O0 a.m to 10:00 p.m. and only by Stage III aircraft. However,proposed runway 9R/27I' rnay be used at any time in the event of anemergency or the closure of runr,ray 9L/27R as hereinafter provided. (2) At the start-up of operation of the proposed runway 9P./27L, aircraft exceedi.ng 58,000 1bs, wiLl land only to therrest and depart only to the east. However, proposed runway 9P./ 27Lmay be used unrestraj.ned at any tine in the event of an emergencyor the closure of runway 9L/27P. as hereinafter provided. ThisLevel of use shall be referred to herein as rrPhase L.rt (3) When the number of aircraft operations at theAirport require it, to avoid delay, aircraft exceeding 58,OOO lbs.may land to the east or depart to the west usj.ng proposed runway9R/27L only during IfR conditions during peak hours. However,proposed run$ray 9P./27L may be used unrestrained at any time in theevent of an emergency or the closure of runway 9L/27P. as hereinaf-ter provided. Thi.s level of use shaIl be referred to herein asrrPhase 2.rt CoUNTY may proceed to Phase 2 use of the proposed runsray 9R/27L only if COUNTY has conplied with the requirenents ofparagraph 4, bel,ow, "Noj.se Mitigation." (4) when the number of aircraft operations at theAirport require it, to avoid delay, aircraft exceeding 58,000 Ibs.nay land to the east or depart to the west using proposed runway 9R/27L only during peak hours. Hovrever, proposed runway 9R/27L ]o,aybe used unrestrained at any time in the event of an energency orthe closure of runvray 9L/27P. as hereinafter provided. This levelof use shall be referred to herein as rrPhase 3.rr coUNTY mayproceed to Phase 3 use of the proposed runway 9P./27L only if COTNTYhas cornplied with the requirements of paragraph 4, below, ItNoise Mitigation. " (5) If cotNTy determines at any time that it isnecessary or advisable to nove to Phase 2, Phase 3 or unrestraineduse of proposed runway 9L/27R, coUNTY may do so by notifying CITYin writing and preparing a projected 5 year 65 YLdn noise exposure nap for r{rBrra]+Rlr++ the Airport and irnmediately commencing noisenitigation pursuant to paragraph 4, below, provided that cOt NTYsha1l not proceed to such i.ncreased use until the noise nitigationis substantially cornplete. (6) Unrestrained use of runway 9R/27L because ofthe closure of run$/ay 9L/27P. or due to the existence of an energency condition at the Airport as declared by a pilot, AirTraffic control personnel or the Airport operator shal1 beperrnitted at alL tirnes. (71 CoUNTY agrees to supply CITY monthly reports ofthe Airport noise rnonitoring system. CITY has the right to -3- independently verify the accuracy of the Airport noise monj-toring system. c. Not proceed with the proposed runway extensionunless the restrictions described above are approved by thefel*ewinq eperaters er agreneie-: Federal Aviation Administration and the l,taioritv in Interest Airlines. 4. Noise Mitigation - starting in the calendar year during which construction of the proposed runway 9P-/27L connences, couNTYshall prepare annually a projected s-year 65 YLdn noise exposure map for the Airport. The base year information shal1 be drawn fromthe best available data on actual aircraft operations at the Airport. The projected s-year noise exposure map sha11 utilize the best available data to projeet the number and type of aircraftoperations. The forecasts will be subnitted to the FAA annuallyfor approvat. Data from the coUNTY's noise monitoring system sha1l be utilized to verify the accuracy of the pre-j# computed base vear contour. At such tine as a projected s-year 65 YLdn noise exposure map shows that a portion of any residential area within the cITy will be exposed to 65 Ldn within such 5 years, cot NTY shall cornmence a noise mitigation program, as described below and as pernitted by applicable regulation, in such area and shall substantially conplete such mitigation prior to allowing thenext phase of use of runway 9P./27L. However, coUNTY rnay nove to such phase \.rithout having substantially completed the noise nitigation program if, because of natural disaster or other force majeire, there is a drastic reduction in conmercial airport capacity in the South Florida area, such as the long-term closure of a cornmercial aircraft runway, lrhich causes an increased comrnercial dernand at the Airport beyond reasonable projections. In the event this occurs and is expected to last greater than six (6) months, coUNTY shall irnrnediately prepare a revised noise contour reflecting the increased use to be prepared and immediately conrmence noise rnitigation as defined beloqr. The noise nitigation programs contenplated herein may include: acquisition of fee title to aIl property (and relocation ofproperty owners) within a defined areal voluntary acquisition and relocation; purchase assurance or sales assi.stance programs; and, acquisition of avigation easenents. The exact terms of any avigation easements purchased will be subject to negotiation between the coUNTY and the property ol^rner. Mitigation programs shatl be based upon a consideration of the desires of the residents of the area, the e&*gibility ef sueh measures f,er fede::a* grant the consistencv of such rneasures with federal quidelines and cotNTY's ability to fund the measures that are determined to beineligible for federal funding. Proposed noise nitiqation proorams prepared pursuant to this acrreernent shalL be submitted to the Dania Citv Comrnission for oval -4- w such ro ams aDDrov same or s it to COUNTY a counter-Dr oposal within fortv- e m s sDarticularLv described above). However,the lack of aooroval bv de sCTTV fa I s t-o resrr.rnd o COUNTY,S r)ro osed orocrram wi thin the 5. COUNTY agrees that any condemnation undertaken as a noisenitigation measure rrril1 be conducted pursuant to the FederalRelocation Assistance Act. fortv-f ive (45) davs as soecif ied above. II. ANNEXATION/DEANNEXATION 6. CITY shal1 prepare a1l- necessary docunents for annexationinto the CITY of the parcels of land moie fu11y described on Ex-tribit 1, attached hereto and j,ncorporated herein by reference, andsornetimes referred to herein as the rrAnnexation pircels. I AIth6udh t he arties at one tirne con sLde ed the annex- a It arl ^^-^,i t^^A in qaa+ i an 6? O n-, a'l4 nt o oItrelated a rDort uses arearr is sold or otherwise tr a sferred to Yt din accordance with Iaw into the eITY. 7. CITY and COUNTY agree to support by aL1 reasonable andlegal means the annexation by CITY of the Annexation Parcels, whichshall include supporting before the Broward county LegislativeDelegation and the Legislature a locaL bill in substantially theform attached hereto as ExhLblt {.Flxh i tri t- d ref I e ts the oarties,nost recent acrreement reqardinq the Annexation Parcels as describedin the second paracrraph of 6. above. 8. COTNTY shall prepare al] necessary docurnents for thedeannexation from the CITY of the parcels of land nore fullydescribed on Exhibit 2, attached hereto and incorporated herein byreference, and sometimes referred to herein as the rtDeannexation ParceIs. rl -5- 9. CITY and COUNTY agree to support by all reasonable andlegal neans the deannexation of the Deannexation Parcels, whichshalI include supporting before the Broward County LegislativeDelegation and the Leqislature a locat bill in substantially theform attached hereto as Exhlbit t. 10. The COUNTY and the CITY agree that the annexation anddeannexation of lands described herein, when considered togetherwith the remaining provisions of this agreement, provide comparablebenefits and obligations to each party. Therefore, if for anyreason the Legislature does not enact a LocaL bill in substantiallythe form attached hereto as ExbLbLt ,l , the renainder of thisInterlocal Agreement shall be null and void and of no further forceand effect. Similarly, l-f for any reason any clause or paragraphof the renainder of this Interlocal Agreement is not agreed to andapproved by each commission, then both the CoUNTY and the CITYshaI1 withdraw support for a loca1 biII. 11. COUNTY and CITY agree that, for any specially assessed improvements constructed or installed prior to the effective dateof this AgEeement and benefitting any portion of the Annexation orDeannexation Parcels, palnlents by property oe/ners for such improvernents shall- continue to be nade to the entity that undertookand installed such irnprovements, regardLess of jurisdiction. rII. PLATTING; AIRPORT-COMPATIBLE USES 12. CITY sha1l support, to.the rnaximum extent pernitted byIaw, rezoning and platting of the trTrails Endrr property forairport-compatible uses, as herein defined. However, that portionof the Trails End property located lrithin the runway protection zone for runway 13/31 as depicted on the Airport Layout PIanapproved 7 /]-4/92 shall rernain in coIrNTY or'rnership and shal1 be deannexed pursuant to paragraph 8, above. cot NTY and CITY agreethat the purpose of the ttairport-conpatible usett shal1 be to maximize the capacity of the sj.te, not unreasonably restrict the use of the land and be compatible vrith the Airport and the adjacent uses . 13.(a) CoIJNTY has purchased certain properties west of theAirport pursuant to county Commission action an october 27 , 1987.A portion of such properties, generally located s/est and north ofthe runway protection zone for runway 9P./27L, are within thejurisdiction of the CITY. (b) As to those properties that are currently within thejurisdiction of the CITY, generally depicted on gxbibit 3, attachedhereto, cotNTY agrees to prepare and subnit for approval plats ofall such properties that are susceptible to boundary platting and, upon approval and recordation of such plats, offer such land forsale or exchange in accordance with the requirements of Florida -6- Statutes, so that such lands may be returned to the tax roles oftbe CITY. It is the parties, intent that such lands be offered forsale as soon as practicable after plat recordat j,on, considering theprevailing market conditions. (c) CITY shall support, to the naximuln extent pennitted byIaw, platting of these properties, and initiate rezoning ifnecessary, for airport-compatible uses and sha11 approve the pLatsif they meet the legal requirernents of the CITY. (d) when used in this agreement, r'airport-related uses" orrrairport-compatible usesrt shall mean uses and facilities that arerelated to the Airport or aviation, or that provide supportservices to the Airport, its tenants, users, concessionaires and employees, and lrhich may, by the application of reasonable site-plan, zoning or sinilar regulations, be conducted on a proposed site in a nanner that is compatible with existing, non-airport uses in the vicinity of the site. without in any way liniting thegenerality of the foregoing, Itairport-related usesrr and "airport-conpatible usesrt incl-ude: rental car facilities and storage lots, long-term passenger parking facilities, employee parking facili-ties, airline in-flight services, air cargo services, specialized aircraft and ground transportation equipment repair and maintenance excluding aircraft engine testing, and aviation-oriented trainingr faci Iities . 14. CoIJNTY agrees to identify and begin processing all of theplats described in paragraph 13(b), above, wi.thin fiscal year 1993- 94. 15. coIrNTY and CITY sha1l participate in an Airport/seaportvicinity planninq effort, t'rhich shal1 include the collection andcorrelalion of all existing data regarding land use, zoning and infrastructure. coUNTY and CITY will take actions necessary to inplenent any reconmendations of the Airport/Seaport Vicinity PIan thit would enhance the proper and efficient functioning of the Airport or Port Everglades, and woul-d stirnulate desirable cornpati- b1e growth and expansion of the tax base of the CITY. 16. cotNTY and CITY agree to voluntarily disniss with prejudice all on-going litigation (including that certain lawsuj'tityfea 'icity of Dania v. Broward countyrr case No. 93-La222 05, in the 17th JudiciaL Circuit, Broward County, Florida) and by approval of this agreement direct counsel to proceed accordingly. Further, CITY agrees to neither file nor encourasre, suPport or fund the flling of another lawsuit or administrative cornplaint by any otherparty raising substantially the same matters as those raised in the above-styled case pertaining to the Airport. IV. SETTLEMENT OF LITIGATTON -7- V. OTHER PROVISIONS 17. cotNTY agrees to pay CTTY within two (2) years of theacquisition of eiqhty percent (8ot) of the land intended forextension of runway 9R/27L the costs expended by the CITY,excludingr grants received or other amounts advanced or reimbursedby any other entity, for the installatj,on of infrastructure improvements on the land to be purchased for the extension of runway gP./27L, which costs the CITY shall- demonstrate and docurnent. 18. cot NTY agrees to initiate anendments to the Browardcounty Comprehensive Plan and Land Use Plan to refLect thisInterl"ocal Agreenent, and diligently pursue such anendments.Further, collNTY agrees to provide all necessary technical assis-tance to crTY to enable it to sinilarly arnend its Comprehensive P1an. 19. The parties agree that, as between CITY and the coUNTY, coIrNTY shall be the locaL governnent with exclusive jurisdiction toissue any development order pursuant to Section 380.06, FloridaStatutes, or any local program established to replace the DRIprogran, for lands within the planned Airport boundary, as depictedon Exhibit 5. cfTY expressly waives any right it rnay have,pursuant to applicabLe law or as deternined by any board, agency,administrative hearing officer or court with authority to deternine such matters, to issue or prevent the issuance of such a develop- ment order. However, the CITY shaLl retain any right it rnay have as an adjacent rnunicipality to comment on such proposed developnent order . 20. Any notice required hereunder sha1l be provided inwriting by certified U.s. Mail, return receipt requested, addressedas follows: FOR TIIE COUNTY:county Administrator Brohrard County Governmental Center 115 South Andrevrs Avenue, Suite 490Fort Lauderdale, FL 33301 FOR THE CTTY:city ManagerCity of Dania 100 w. Dania Beach Blvd.Dania, FL 33004 21. This agreenent shalI be construed in its entirety and noportion thereof is severable. Each clause is dependent on therenainJ.ng clauses and common to the entire contract. The partiesagree that the entire agreement is void should any clause orprovision herein fail or be.stricken. 22. CoUNTY agrees to approve,appropriate agency of, an easement support the granting by thealLow the continuation and -8- orto 23. cotNTY acrrees that at such time as coUNTY no lonqerprovides fire and/or rescue services from Fire Station #32 (located on S.W. 3l.st Avenue). CITY shall be qiven first consideration topurchase such fire station for the purpose of Drovidinq its fire rescue services. maintenance of CITY's and Griffin Road (S. R.entry sign. same by Board action on DANIA, signing by and through its authorized to execute sarne. COUNTY ATTEST: County Administrator andEx-officio clerk of the Board of county commissionersof Broward County, Florida entry sign on the traffic island at U.S. 1818), provided cfTY agrees to naintain said , 1994, and the CITY OF , duly 24. The parties hereto agree that aI1 lega1 reguirements orprerequisites pertaininq to the execution of this Agreement have been performed. Each party sha1l notify the other, at least seven(7) days in advance, of the date upon which its governing board shal,I consider approval of this Interlocal Agreenent, and shallfurther provide the other with copies of the officiaL records evidencing the action taken by its qoverning board with regard to this Interlocal Agreernent, 25. This Interlocal Agreenent sha1I be governed by and construed in accordance with Florida Law, supersedes all prior written or oral agreenents. between the parties, and may not be rnodi.fied or amended unless in writing following approval by both the Board of county Cornrnissioners of Broward county and the Daniacity commission. fN WITNESS WHEREoF, the parties have rnade and executed this Interlocal Agreement on the respective dates under each signature: BRoWARD coUNiY through its Board of County Conmissioners, siqning by and through its Chair or Vice chaj.r, du1y authorized to execute By BRoWARD CouNTY, through its BOARD OF COI]NTY COMMISSIONERS cha1r . day of 1994. -9- INTERLOCAI, AGREEIITENT BETWEEN BROWARD COTJNTY AND CITY OF DANIA PERTAINTNG TO EXPANSION AND iIURISDICTION OF THE FORT I,AUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT ApProved as to form by office ofthe County Attorney, BrolrardCounty, Florida, JoHN J. CoPEIJAN, JR. , county Attorney, Governmentalcenter, suite 423 115 South Andrews AvenueFort Lauderdale, Florida 33301Telephone: (305) 357-7600Telecopier: (3Os) 357 -7 647 By Tracy II. LautenschlagerAssistant county Attorney ClTY CITY OT' DANIA, T'I,ORIDA WITNESSES : By Name: day of Approved as to form: r994. SEAL ATTEST: city Attorney city clerk c ty Manager THL/wp ,93-71 .43 02 / 22 /94dania. a4c -l,o- Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 EXHIBTT LIST Annexation Parcels Deannexatl,on Parcels Airport plats withinDania Proposed Local Bill Airport Boundary,including south r/hrexpansion and current Mpupdate -1L- :0r",4( il COTTCRETE FR,ESER,VATIOITS SPECIAI-I STa collsT - , Itic -810 Saturn St. Sulte 16Juplter , E!. 3347'1 407 -? 44-00'15FAx. 407 /7 43-5220 CERTIFIED GENER}.L coNTRAcToR LIc. +037287 ACCOUN T i 357 4na'rA. 'l /)\/AL C-FEiiC. CITY: DANIA CITY: STATE: PHONE: FLORIDA. 33 0 4 305/849-4705ATTN: LEI] I S A. GUSDORFF E !].. STATE : DATE OF PLANS: ENG I NEER : furnish the maEerials and preforn the Iabor necessarlrwe here by propose totor the compl elion of R,EP.B,I Ft OT EEIE POOL, DEg:( AI{D FILTER SYSTET{: , _!99L-+ESBIRS_I!E!ER+OR-:*I'IH*ER.€:#--:==:r=.--=:'= - 1. 2. 3. 4. (, INTERIOR OF TEE POOL WILL BE SANDBLASTED TO CLEAII SURFACE AND REI{OVE ALL LATENCY MATERIAL . TEE SURFACE I{ILL BE RE.ONDITIONED WITII MARCITE. TEE EXISTING FILTER SYSTEIII WItI. BE REXOVED AND REPLACED. TIIE NEW FILTER SYSTE!{ WILL BE A FAB_PEC SYSTEI{. ALL PLUII{BING WILL BE REPLACED IN IT'S ENTIRETY 9IITII NEW SCEEDULE 40 PVCAND E ITTINGS. LAIDERS IN T:TE POOt WILL TiAVE NEW RUBBER BOOTS TO FLOAT TIIE SIDE OF TIIEPOOL. TIIIS WILL EELP SAVE TIIE I{ARCITE. TILE AROUND THE COPPING AREA WILL BE REYOVED AND REPLACED IN IT'S 6 7 PROPOSAL }TE;YEER: f .C.R.I - ,O f Tf :!ER}'AT T OII,B.I. COIICR,ETE T'EPAIR TIISTITTJTE,"& .BCi. "A.!{ER' f C-B]v COIICRETE ITiSTTE(,TE;'.Proposal Submitted to: Work to be preformed at: NAME: CITY OF DANIA NEIIE: DANIA CITY RECREATION POOL STH,EET: IOO D.q:'IIA BC}i. tsLV:. The above grices, specifications anC cond:.tions areherebl, accepted, you are authorized to do the work aswill. be made as outlineC above, ACCEPTANCE OF PROPO5AL S 1gnat ure satisfactoryspecified.anC are Payment s DANIAPOL.PRO ' qi an a I rr*a A1 1 mater].al is guaranteed preiormeC rn accord.ance wi."hfor above work anC ccmpler-eC surn of: AS STATED ABOVE to be as speclfred and the above work tothe drawlngs ani specrfrcatj.ons submrtteCi-n a substa:lt:.al workmanlike manner for s the This does nof include permit fees. Permit fees will be reimbursed atfi.rst draw. Payments to be made ONE WEEK FROM DAT SUB!4I TTAL . PAYMENT NOT I{ADE W I TIi I N AS oa follows: INvoIcES WILL BE SUBMITTED To BE PAID r.]IT}iiN THE T I},1S STATEDWILL BE SUBJECT TO A I 1/2t INTEREST PENALTY. TI{ANK YOU FOR YOUR CO PERAT I ON . IT IS OUR RESPONSISILITY TO GIVE YOU TTiE BEST PCSSIBLE EVALUATION OF WORK EO BE PERFOR.YED FOR TEE FUNDS PROVIDED. WORK THAT IS ANTICIPATED IS FROM VISUAL INSPECTION ONLY AND NOT TO BE CONSTRUED AS TOTAL REPAIR. DUE TO INTER,IOF, CONCRETE DA.}4AGE IT IS NOT POSSIBIJE FOR US TO BE ABLE TO DETERMINE THE DEPT-OF SUCH DA.I{AGE OR REPAIRS, TI{ESE REPAIRS ARE BASED ON AVERAGES OF VISUAL INSPECTION ONLY UNLESS PRELIMINARY INVESTIGATION HAS BEEN ORDERED BY YOU. OT!{ER REPAIRS WHICH ARE NOT VISUAL AT THE TIME OF INSPECTION BUT EUERGE FROM ARE.qS BSING REP.AIiED I.IILL BE BILLED AS EXTRAS. WE WILL ONL'f PROCEED WITH TEE REPAIRS IIITH THE CONSENT OF THE AUTHORITY WIT}iIN YOUR ESTABLIS}{,ENT. TIiE BILIJING OF T:I5 EXTRA REPAIR,S WILL BE ON AN EQUAL RATE BROUGHT FORTH BY THE CLIENT AND CPI NOT LESS THAN $35.00 AN HOUR, PsR MAN PER HOUR PLUS }IATERIAL..,IT IS }{ANAGEMENT,S RESPONSIB]LITY TO MOVE FURNITURE.AND VEHICLES-OUT OF TIIEVICINITY OF THE WORK AREA. Alry alterations or devi.atj.on from above specifications involving extra costswill be executed only upon written orders, and will become an extra chargeover and above the estimate. All agreements contingent upon strikes,acciCents or delays beyond our control. Owner to carry fire, tornado and on rac or o carrY lnsurance asrequired by the state of Florida and the municipaiity having jurisdiction, Resgectf ul 1y Submr tted, MONTE POLLO DPFq T N E!]\YITi Note: Thls pro!,osa1 may be wllhd.rawn by us if not accepteC within 10 days, 7 l_ REPAIRS TO TIIE DECK APRON: TIiE POOL DECK 9IIIL BE RE}IOVED IN IT'S ENTIRETY AND REPLACED WITII TEEEOLLOWING DESIGN UIX: 4,OOO tB. CONCRETE HIX W/FIBERUESE E ?" SLUHP57 sToNE (LT.UEROCK).45 W/CEMENT RATrOSA9I JOINTS DIILL BE PLACED EVERY 20 ' OF DECK AND ON TEE CORNERS OF TEEPOOL DECK. TIIE SOIL T]NDERNEATE WILL BE CIIECKED AND REPTACED WITE SEELL ROCK IF XUCKEXISTS. ( IT IS LESS EXPENSIVE TO TAI(E OUT TIIE MUCK IIISTEAD OFSTA3ITIZING TIIE SOIL WITE DE EEF II?DROaCTI:/E GROS:!. ) THE SiIELLROCK WILL BE COUPACTED TO 95I FOR BEST SUBGRADE. TEE PERIUETER FENCE }IILL BE REUOVED AND REINSTAILED AFTER POOL DECK IIASBEEN REPLACED. I'PON CURE OT' TIIE CONCR,ETE A SPRAY DECK SYSTEM 9IILL BE APPTIED TO TIIE DECKAS A FINISEED DECK SYSTET{. (ALL COLORS AVAILAALE) ALL I{ASTE UATERIAIS WILL BE REI{OVED IN A DUUPSTER. 2 4 ( .6-. -REPAIR TIUE ON TEIS .PROJECT .WILL BE APPROX. .3 TO .4 I{EEKTS WEATEER -._ -. PERMITTING. 7. cosT To REPATR WrLt BE AppROX. S5O,49O_OO ItoTE: TEE COST OF A t{EW POOL, PLUI{BING CONCRETE, FIXTURES,ETC. WILL COST MEMORANDUM TO: WLL ALLEN, TIM TAPP, FRANK ADLER, MIKE SMITH, MARIE JABALEE, AND NANCI DENNY SUBJECT: ADVERTISING PROCEDURES DATE: JANUARY 31, 't994 IN LIGHT OF THE CITY COMMISSIONS CONCERNS REGARDING THE CITY'S ADVERTISING PROCEDURES, THE CITY MANAGER HAS REQUESTED THAT WE MEET AND DISCUSS THE PROCEDURES USED BY VARIOUS DEPARTMENTS. I HAVE PREPARED THE ATTACHED MEMO TO THE CIry MANAGER TO WORKSHOP CONCERNING THIS. THE MEETING WILL BE AT 10:00 AM THURSDAY, FEBRUARY 3, 1994 lN THE CONFERENCE ROOM. IF YOUR ARE UNABLE TO ATTEND, PLEASE CONTACT ME. THANK YOU FOR YOUR COOPERATION FROM:WANDA MULLIKIN, CITY CLERKW MEMORANDUM TO: CITY MANAGER ROBERT FLATLEY FROM: WANDA MULLIKIN, CITY CLERK SUBJECT: BID ADVERTISING DATE: DECEMBER30,'1993 ln light of the Commissions' concerns regarding the procedure for advertising for bids, the following is the procedure we now use: The charter requires that we advertise for bids at least 15 days prior to receiving them with ads being advertised twice, a week apart, in a newspaper of general circulation throughout the county. ln the past when the Miami Herald offered advertising in the classified Broward edition of the paper, we utilized their paper and rates due to the fact that they were much less than the cost of the sun sentinel and also due to the fact that the sun sentinel demands more time in which ads must be submitted prior to advertising. This caused a problem due to the fact that it prevented us from advertising for the following meeting, the second reading of an ordinance or any ad that requires a 10 day notice, thus causing a delay for contractors, petitioners and the city. \Mren the Miami Herald discontinued the classified Broward edition of the paper, it made it cost prohibitive and in most cases, ineffective to advertise in the Miami classified section so we chose to advertise in the Broward Daily Business Review which is a business publication throughout Broward county and qualifies as a paper of general circulation in the county. The rates are much less than the Sun Sentinel and they require much less time for ads to be submitted prior to advertising which makes it possible for us to advertise for second reading of ordinances for the following meeting. we also felt that this being a business paper that businesses may be more likely to observe the bid requests. we only advertise Public Hearings and bid requests in the Broward Review. Budget Ads and Election ads are placed in the Sun Sentinel or Miami Herald. Please note that in addition to the required newspaper publication of bid requests which are submitted by the departments to the City Clerk for advertising, all departments are responsible for soliciting for and receiving their bids and should solicit for bids by notifying individual vendors of the request and furnishing them with bid specifications. Also I suggest that departments contact Mike Smith, Personnel Director who has a list of all the Small Disadvantaged Businesses and furnish these businesses with the bid request and specifications. The Finance Department has a purchasing policy that is very near completion to submit for approval. lt may be well to workshop this with the commission at which time their concerns and input can be addressed. I have attached a list of other cities using the Broward Daily Business Review and a cost comparison of newsPaPers. tI RE\mW lle hope that our aervlce has been satlsfactory and you have reallzed aubatantlal flnanclal aavlngs. If you dealre any further lnformatlon, please do not hesltate to call on us. 9 DA[y RUTH H. BRO\OqN ExEcwrw Wct Puston"r Decemlcer 23, L993 l,ls . Char lene SaltaClty of Danla 1OO w. Danla Beach BIvd' Danla, FL 33OO4 Dear Charlene, As per your requeat, pleaBe be advlsed that the Broerard Da1 Iy BuslnesB Revlew publ 18he8 legal advertlaementa for the Federal . state and County governments aa HeII as the follolrlng cltleer Lauderdal e - By-The Sea Blds Hearlngs Lauderhl I lProposal f or Pu.bl1c saleFt. Lauderdale Mee t 1ng not l cea of Unaafe Structure Boardvlolatlon-Code Compl lance Dlv. Hal l andaleForfel tures Envlronmental Protectl0n Ho I lyrroodForfeltureB Code Enforcement Board HearlngsSettlement of Clalns l,largate Ml remar Notlce of Settlement ForfeltureB S lnce yyo f €, /.'_)- 63ll Soulh Andrrwr Ayrnua . Forl Lrudordalc, Florld! 33301 Trlcphono: (305) a8S2600. (800) 777-7300 Arfialra o( Irra W6n|.l kt, IN THE CIRCUIT COURT OF TIIE SEVEMTEENTH JI'DICIAT CIRCUIT, IN AND E'OR BROWARD COU}{TY, FLORIDA ADMINISTRATIVE ORDER NO., I-88.A-2 IN RE: DESIGNATION OF RECORD NEWSPAPER rn accordance rrith the authority vested in the Chief Judge by Rule 2.050 of the Florlda Rules of Judicial Adninistration it is ORDERED that:the Broward Review be and it is hereby designated as the record. newspaper pursuant to Chapter 73-206, Laers of Florida, for the purpose of sirvice-of process by pu.blication under Section 49.011(4), (10), and (11), Florida Statutes, when such publication is required of Dersons authorized to proceed as insolvents and poverty stricken o".sons under Section 57.081, Florida Statutes , and for such other iu.po"us as required bY law. Done and Ordered at Fort Lauderdale, this Flrst day of Novernber, 1988. E K. BIIRNS IN e Judge ( nws papr . gen ) COMP ARISON OF COST FOR TTACHED AD PLACED I N SUN SEN NEL - NOTICE OF HEARING COST - SUN SENTINEL $1 13.25 $ 46.50COST - BROWARD REVIEW, sAVlNGs"""' . '$ 66'75 HJ srlrll€L PU]L:SH ED ' tILT rL g, S tOY Alt u crUll?Y,;LOtI9l 2lLn aaAcx c:luYlv, ;LottDr D ADf c o.JNT Y e fLCl!)A aEACH ' t r0 € O IUT}tORIIY PEiSO'IILLY TIP:A1E' -.. JLc ot( oATll sAlS tHAT EO iEPIESE TATIVE Cf TII€ Y{E SU{-SEr|rl Er-, DIILy OVARD,PALT ECTCX'OA'E C CUITY I coPr or AovEelISEHENTT .r€I:lG Sr:tI f66l-26-tid o.itl.O?Er roR cf f!-c:tlDlY of ARD LY ^UTHORIIEPAiirlE r ot ,L I3I{ ',O IN 3R TSAT THE ATTAT I'I ED XE,SH: CLTS S I x€lrsFAP FLONIDA [,ITHEAH, DI 0f sEt IIETS PA A IOTTCEOTIEINI C Ir{ TIIE iATTEN Of Nrending s6ctions 18-29 ' r tl rllE CIRGUIf COUIT' UAS PUBLIS Ee IH SIID EISPIPEa I It{E TSSUES OFC e O2l25o1 |2r3{03{0 lFfrlxr tuRTxEe srrs rrlT r raE 8A ID su!l-sErtlilgL r$ I rEYS P^ P Efi PUgLI'RED ItI S IIO EQO9ATD'PTLtr BEACII'OADE ( OUllTl r f r-oi iue, lxD 1[lr rflE SrrD I{E93PIPEt ll^s fi€nE r0 7 0lE geer cor rt ttuousLY PUBLIEHED I r srID BROUARDTPILT BElt l9 ^oe C 0UllTl r fL0l I I ^t EACH Dlf t Al D }TS BEEII ET'f ETED AS SECO,.D GLAS t ,lATTgt Ar THE POST OfFI GE Itl fOi'T LIUDEADAL€' f,. SAID BEO9AID COUIITT , f Lolt I Dt, fon A PENIOD Of OIIE IEAI NEIT 'tECEDTf,E THE FIRST PUALl C AI tox ol T[e ATTACXED COPY Of AOV€ Rrr 3€tG T;It{o A Ff rArlT rURTilTR SAYS TIIAT TIE'5'I€ HAS 3EO ANt P€tSCrte Ffni Ot C0RP0BATIOI{ EX 6al !r. .t !!l H ll oal fF{tvuiECTIII OAIT, a llf cIIt TT t Erttt|t 2E I R s oHHrssI oll oe REFU]lo fot rHE PURPoS rI3EN€ T FOR tuEltcATIoX IX SIID € 6a ( s I6rl $90Rll trhts 26 DAY Of F€ElluARr A-D-99f lfFrltlrl uascrtaeo B€foRE ltE G il corftgr. l)516 Fofl Alr EF- ( sr Sra ATU rE 0f l,l OIIRY. PUBLIC) . . . llranalnflclulo riy c&,kssnl c[ ?:rfl mfft!.. 1,r2., t6o.ro *l Er llt ddr5..a (r^n€ of ilorllr rt PEDr PRI{rE OR STAITP€O) PERSoNALLV X [OVt{ .--ot PRODUCED T'Efl TITICITIOI{ .."....' 5il I,IT, REBA IE, Rr[6 rlls Aov URE O ',}'d SE lBInS ILIJIt'l:Hl 9E!SI f66l/lg/fr -- -@-' trtlt' E I lrrE -!'r t I ittlqi@ b,"9 j COMP N OF COSTS ATTACHED AD PLACED IN SUN TINEL - NOTICE OF HEARING cosr - suN SENT|NE1..................$109 50 COST. BROWARD REVIEW........,. $ 44.00 SAVINGS $ 65.50 0a.@.,r9g,12.59 l'll.Dl Rcv!.r, E,rl Ef6l-ag-t,B ,23 J.ta g?a -.Ft ct Rl v'iaL-/ 7'{te fi ..Erh t rr .tttl F. t raclxra ct ha ar..BErDtt G.rY dor,ca.aarltr. atot ar^ru\ lrnFaA. *aa^.E!rNA AOOiFTTO?a Oa r(ia FO.. t Orarlxq F9tyolro |oiDrr}Ar.c€ r lEllcc 6 xGmiYt !. Cfiy Cbmml...o,r oao. O.dr. ntrlar o.r!991 r ae, ^ o, talta{ ra lhr rurra. 'nD nv€ DAra. ar{ oirrtr{^ c!rr]EQIIY fHt 7X€ t,II''LEO AOTlOri l^r(EN At ttt or TlrE o,7v Ei (Jo rt r^x oaa lHa AqI oaaG ofa,.llori Ttr € &x orxo E aarE LEl'IO Tl{E C H r<bo7 lirc'r{ oor.rllcFmvrDrro ,7m ^lr @ b.ub 44, , rt rY.llr ooa.lo.iit Irdo wlll n .c . raerrd ril6rl lr. .r{r.J |. te t,.,?1.lo, ttullr^ O;ri7, +?t_r)ir r, .:: , .-..; , Dr O.ly CL.rt, o'b nr|! r c1b 0o 9lr,i3i; .li s ',:! ,E ,t lt ir' (; 9:. 'iirt url' ,l* .IOT[ P, 81 il -r*'/'"'- lt-"b I I i ! I .t ; I I ! I 1'l i it:l : I i : coM ARISON F COST ATTACHED AD PLACED IN UN SENTINEL. DISP ONLAY SE COST - SUN SENTINAL ..$212.OO COST - BROWARD REVIEW.-$162.00 SAV|NGS "" " $ 50 oo NOTE: \I/E ADVERTISE THIS AD IN THE SUN SENTINEL MONTHLY lEttl ,6t-A-&:H ' rd, E t! B oLl L{' a. tjr-a,ta !rt. ,rtor-r]|)r' "tt.lre tronrttt /r1:l:rn rftt'r 3 onErf,it 10.t trt![ rtr0a a ?038 M l ral93 t1 lntl9x - a2l28l93 2! OAYS AFTINa[ l I\lG 0artPAOE I Scc rararra lE tarnB rar, arrhrt'rlr. CI?Y OF DAIIA IOO W DANIA OCH BLVI'0AltllA t t 3300a PLEASE T\OICAIE ON F€\GBSE SIDE OF FEIT TTANCE ST(B EMS DISRJTED/r',,OT PAD FOF IttlSl llrri nE cott fla rura alcDftll tfTrc| nr ..Tna.l Polrtoa r,lll Yoll ro{qltu. ( r lrtl ndl,/ct 't It 053S01005 Nrti r aolltTtslr/clllJl Blla " Ix.o 7)n,tir xd' t 4 v tl o.. aIISEI\IIT IO. Sun-Scntlncl DEPT. 1214320 i.{AM. H-o8pA 3312 l-4320 /6q ^a ttl{c I Itl!$7atsciftlr1(ata$ffta-ta 3.53 't .25 l. ?5 r .25 1 .Z' r.25 '! TUElflS I 0011 I9t r 0020 20L I 0 03, 11L 1003, ,11 I 0004 281 3 010 0 l6rI BALJqIICE fORIYANO YMENT - I}IANX YOU YUEI{T - THAt'll( YOU TOIAL PAYMEI{TS i ULL RUN CLASS If IIA TL EA I/ARTE urr l0t r- 0F- sEcrl TTIDAVIT CHA8OES ur! BtF/ crAss rF r ICE TO DAI{ ITAEG EA8 SHEETS urL Ftil crAsE I t I ,CE IO OA'{ IAAE6 Utl Rtltl CLASS I F I TICE Of CHARIE8A urr Rtrl crAss r F I OI ICE OT EHARTT BA EAf, SHEITS AR SHEETS ,ro,o8, 2.00 23 .15 2.00 25.00 2 .00 92. c0 2. 00 72.50 2,00 sB.?l I I t2.52 50r.!ocR 521. 35CA lt05.85cR gc.7{ 25.75 2r.00 9.,50 9a.50 0?lt2 021n2 2 !07 0630 I 2108{r00 I I l0s 0715 I 2109 0745 I 2t12 0745 I 2 /02 07t5 r 0l: iRlSTlN,3 37a921001 f: a0120 t:311821002 0r: PBE l5-T ,:37{921003 ,: PBE I l-T ,:371321004 0l:3EC.3 ,:385801001 0r: SCC . 5vr; 386801002 s89602 96S96t AGIE6 tntl' fJ ^,,. .."rt.t -E ri 7 I I I 2 2 SIIE E TS I lrrlrr f,rI 6.t;t;-f rsxrI-id-r^r- rHDl r<!EE BFFE gF, E rgEE 95" F g.E i3ts9drF $EEf9= ilEE EE EE IE g 8EL It Err o F PtPoa tn E\,o Fqton ts c ?t RFsE B {tttbF7 7E I !aro. .)tJ€-r Br tat *ErI tet9-la IElslalr {) 5*o BarEIq E E B t E s (,a(tEI F Ba5 TI x 5 F dlUI iiiiiE iirrEt li[iiE !clr E 3 &. ! { x .l^t d'il d-$t d'lll d'ri d'll'd'nd' d'y$d 'Il'd'rI'd tn:l 008 00jlm:/ 00:l 00:r 0$8w.l 009m:ts:l P .tiIREU I EJ fa6 NOtrvl-rsct{vc Bo/oNv 30NV1{C Ol ICsFAng sCNlrrslr TIV AnOx 'HOOU sCll:tuSlNoc oNY suSgr{vH3rlorssllrHoc Hl or:Il{ its rtlrs SDNlrr]xl orillwuel?o fa olglllr.t3hl ouvog DlllNoz ? oNlNrlrld {al tI( :I e t !oln flI &I I E-a rB g E t E t 1 dI i Es/9t lZ0 e6/ezlm tElz,z/a e6/g r /zo t6/ il lzo$/ lm$lstl?tr E6/otlzo EBl60/20ti/zolzbrfllto/zo,rEii 0uv08 A80sl^ov luodHw 0rsslt'lln03 Arl ufln9lu AatllW .llllIldoll^loJu I{,tlolNl$oo 0uY08 SNolrnl8 v}lnH 0w08 N0sNld lutj , .l3l'lod ojvos ilollYlu9lu I Slsvd d0l{SXUo,t N0lssllflsloC oBvo€ Auosl^ov 3t{Bv}tl[0lssrnn@ ALlc urlncB irotsNld sl3Aoldlll lwlrrloow08 ru lnJcuolt{l l00l 3lf lr0Ntl335l ,, tq//.rr/ 41"4; "r) 8SHllrlH C66! AUYnEA3J lO flns:tHcs ,ooeE votuoll tvl]tvo ouT\llno! Hcvrr vlt{vo tt!\fl}}-- r---- vnvo ro Artc ') P.g7ffi-32-19E3 l4',:3? ! I I i ; l 1 I cosr coMPARISON OF ATTACHED AD PLACED IN CLASSIFIED SECTION OF MIAMI HERALD SUN SENTINEL AND BROWARD REVIEW. BID REQUESTS FOR PIER MIAMIHERALD,.. SUN SENTINEL $432.36 x2 = $864.72 $137 00 x2= $274.OO $ 84.30x2=$168.60BROWARD REVIEW Broward Daily Business Review -- -p"oriin"o O"'rv et;epl Salurctav' Su^d'v and Legel Holidays Fon Lauclerdale, 8.owarc counly. Flonda STATE OF fIORIOA COUt{TY OF BROWARD: a.tor. lh. ond€rsigned sulhorltv porsontllv tPpe!'ed c riJi. iio o. ollh -sav3 lhel 3h' 13 lhe Admlnlslr'tiv' i".r"rrnl ot lrt" gro*atd Oaily Buslness RevlevY a newsp'Pcr ouuri"rr.a .r Forl Lauderdale ln Browatd Counlv Floridri iiJ ii.-.irr.rr"a copv ol adverlisemonl. bein! 3 [€grl Advorlisem.nl ol Nolice in lhe mallGt ol Request For Proposal Design/Build Constructlon of New Pier. Dania Pier - 3OO North Beach Road xxxxxxxln tha w.3 publishod ln said newspapor ln lhe lssues ol June 21, 29. L993 or th. .lt.ch.6 coPYth.l lh. h.s n.lther ol ,av.rlli.m!ftli tnd Itq[at toi ,ioaoarti - DtrtolJlult,ooxtl rcttor of Er ?rDArlArlll- roo ronttl llacl{ iolD Ths Clty of Osnis 13 rlquGllr,lg Drooo!91! lo dsmoll.h ln6 ;emovs th€ sxlltlng Plor, rnd 1o doslOn and @ngtruct a now Plat at lhe lollowlng loc5llon:. Danlo Plrt Danlr, Florld! The P.opolal 1! lo bc ln eccordanc! wlth lho !Pecltlc'' llon! whlch arc rYaltable ln thc Cltv Clgrt'! oftlc!. WhoreY6r so;lflc dkectlon! aro lndkatod, oiher produclr lnd s€rYlco! me€lln{ oa excoedlno th€ qual' ItY of tho39 Sgeclllod mry Do ;bstltulod. writtgo notlca ol E tY substltullan o. dovtallon lrorn th' gpoclllcatlon!, ln lnY t..Y' mull be lndlcstod on )oul Proposal' Proo6sls mugl b€ rocolved no l.ler ihan 5:00 P M., Augu3t 2'' 19$.* M13. Wanda Mulllkln CltY Cl€tk Clty ol D8nla PO, Bor lxE tm W Danls B6ach glvd o 18700 oxt. 235. 9938S2101 Alli.nl lullhet saYs ihrl th. stid Alo*a.d Dllly sblished.l fo.t huderdahIh.l lho said n.wsPt h.r.lolor. b..n con blish.d ln slld Bron.rd Counly, lecond .l!.3 mlll m.tl.r .i od L.ud.rt.l. ln . 06. F rl.rl P.lcadlng ,id B.os!.d Counll. Courl, u,,ry e C. L.ndy personally known lo lna. osnlr. Florlda 33m4 a oroaid msotlno wlll bo hald fo( ail lnlerg3tod Psrtl€! on Tu€!' r dav. Jun€ 29, tg$, ot 2tE o'clod( o.rir'. ln CttY Hall, CltY ol Danll''tm w D"nia a€a"n B&d.' Danh. Florld& For addltlon8l lnlo(mallon o' ohvslcal lnsDectlon ol the faclll' [, ttease call Mr. ImolhY TePP' 6lricror ol Parts and Becreatloo 93 .aD.19 (3O5) 92 d21-24 l- ! "')1:lDA Cu1)lf''11!'ili ..r,l,r K..i t lr L :' '1:l -l ) o o-oo .:o< .D '.,oc Pcf cz3 r-. r i '!t eiAi oo'ln {d ,taxrtia YIt! Irag s ',) a )ra<{ lnq L\' )tt rC)'t'l ac) )< € f'tHC_9 r )-,rt'' r -{v 3t ll> i1 r:'i,? -o = o-{c -.:{> . c, c.ltrt;,-],.1 a _.1!nlc\! o! N F,o B € -n t- ,J' -.1 I 6\k1_-- \ -J(-_- \ ,c a. z oz () {i'r 'o2c0ot/) o 2_ -: -o - r'i f-a\-m;o A -" N) \o .g {. )!.l z: ; nn It n!) {ri ul)i] rl- iroi ,?1a' t-e'*, I 4 C. 0fttt a I v I z. Imt3I 2m--{ oClrl oz Ilnom !-.{ oll 2 o6rn JB *7ri,{ ; '7 cl il 1 - t e 44 --L, +i C-:, t'1 G D l\) \& .,c c2 !,6 a)(,! IA rt- a, eP e= .!4 o 90 aE 33.di sd EiEa a F =ilioS =irEii*oo!aqrD a3HBd !m3 o {o oC,n V ,2. (! \J o G!go_ o3 PO90 HB Erlror5. Hsto o Sun.Sentinel -i 2Oo E Lr Olrt Uvd. Ft. L.d.rd.h. FL !!lol-2rltttLItG ttqJIllES / cusToaEi lEnvlctl,o5l t a-a?t2 PAGE I Scc r!v!rsr lor tarmi 11d arplanllrons. CITY OF OAAIIA 't 00 rr oANrA 8cH BLvo OAN IA FL 33001 PLEASE INDICATE ON REVERSE SIDE OF REMITTANCE STUE ANY ITEMS OISPUTEO/NOT PAID FOR t r s coPT Io8 roui 8tc0iu5. ntluili tllt BoTToM PoiTroi wlTll loui ltLlrTAict REMIT TO: Sun-Sentinel DEPT. fl2 14320 MIAMI, FLORIDA 33 I2I-4320 000?81es 080?5?76 PROMPT PAY DISC IF RECEIVED BY 07120/93 8065901006 ECITY {)F DANIA A0vtf,TrstF/cLltJr 065901006 tAtat 0t l0vtSTrstS/cUtrT a a erLUr6 0ArI 5 6 IttLs 0t PltltttT3 tf,/nl/q1 n6/30/q3 25 OAYS AFTE88[ r rt'rc nATFn6/30/93 0otuMtxr r0 rt ti 70 Itrlr(Lt0uilts,srlt Ei0s5 06/25 06/r7 5/r0 0715 I 6lt1 0700 I 6/ r 9 0700 I 6127 0700 6129 1700 I 108.75 2.00 212.50 2.00 r05.00 2.00 r35.00 2.00 2r0.00 r.25 1.25 r.25 1.25 r.25 2.0 TME NT S 10085 r70t r 0 012 811 I 0051 l08L I 100 681 r 0029 871 2033.52 r0r8.5ocR l0 r 5.02cR 2033.52C8 110.75 211.50 r07.00 2r2.00 781.25 78r.25 BALANCE FORWARO YMENT - THANK YOU YMENT - THANK YOU TOTAT PAYMENTS / ULL RUN CLASSIFI C VE RT I SEMENT THE ULL RUN CLASS IF I (]CUMENT ()t)O2()NOT I EAR SHEETS ULL RUN CLASSIFI t)T ICE TOB IDOERS T EAR SHEETS ULL RUN CLASSIFI EOUEST FORPROPOSA EAR SHEETS ULL (OUT-OF-SECI} C FFIOAVIT CHARGES CURRENT NEI CURRENT GBOSS l0 F.PI JU J 2 a I I l,l EAR SHEETS P P It v1'. Y#: ii u$N itttltrttr!MaliDrTt/ PUB 95s180 965764 67770r809 581r 8800 r 92-r r23 60087600r 0#: V#: 0#: Yd. METERS 600876002 0r: V#: DANIA-PIE 601792001 12218 501792002 I -l A6ti6 30 DlYs tutntrT tttlr0urt TOTAT III AIrOUNT50 0Art0 0AySUIiAPPIIIO 0.00 78r.25 78r.250.000.00ffiIP::*or- 7 57 .18 0000000000 000000000 0h530I00b5 l, SrLllle Ptir00 Ll f,fr,----- ; 23.17 htf rorAl xrr our I ariiourt Prlo '@,be 4l*nLHrtfi Erc!osEo ADVERTISING STATEMENT l,,ll,,,ll,ll,,,ll,,,,l,'l,,,lll,,,llt"'l,'l'll"'l"l"ll.'l &1fi^'firPtlli* .ITY ctERx P0 lox l7 0E DAIIIA Ft 5!00(-17 0E Bllllng Numbt.: ll vou hava any questions regardlng thls statemonl. call 37-5.2500 ln Od.. 525-1177 ln BrorYatd or l-E00-234'4803 ln Palm Beach PLEASE RETURN THIS STUB WITH PAYM€I{T TO ASSURE PROPER CEEDI] SEE AACX FON MAILING II{STRUCTIONS ^ HER,AI D PLAZA,rriarr, FtoRIDA 35r 32-16 9t MIAMI HERALD BILLING PERIOD CONTBACT AGBEE E}{I TYPE 3 DOCUMEI{I T{U 8EN 42t9BILLED ACCOUNT EITY OF DAI{IA }IANDA I{UITIKIil CITY CTERT P0 Eox l7 0E DANIA FL 530 (){-l7 0t 7186TEBMS OF PAYI,lENT tY 0l / lo/ 9: -6/ 20/95 29 AOVE8TISING IHIS PERIOO NON.REBATAELETOTALNON,REBATABLEREEATABLEsrzERENEWAI 0ArE ACCOUT{T NO. ADVENIFIITG TO DAIE gILLIIIG OATE 06/20/93 TOTAL ? 20t2ffis ArcuaT 15l5 ?30 I'.ll IITI13 ot5a*Pior!"iodJcr @oE oi mc oi ciEDlrli.fENE'fE/tD xlrEa a lil dlYilc 74 rJn JI PUN0lr ORA E F F I5 90 DAYS I 1'11 \\) 'J.,N 2.3 HAg OF At t DISC U}{TS ) T ANK YOU ERA D, RUN A5 SCH TH 2OTH O ilT HARGE O DR RD, PI. t F sEc tL E P R 5 C!EFEr{T 6AOSS Atou'tlTOTAL ltE Ut ED, THE I'II t/2 I{I TH AKE S DOINO CHAR TIS EAS H.IilA r556IE00 EALAHCE FROII O9/27 /92 DALANCE FOR}IARD CLASSIFIED COI{TRACT X2IE7 (l HERAID IEOAL CTASS REOUEST= FOR PROPOSADAT{ I API' i -lrrtoevtr< s> 6/ clAssIFrED TOI. 412.16 TOTAL EILI.I}IO THIS PERIOD (N }IE VATUE YOUR DUSI N ESS THE }IIAMI HERALD/ET NUEVOII TO INSURE YOUR ADVERTISING YOUR PAYI'IEHT IS RECEIVED E YOU }IITL AVOID A TATE PAYI'I TO PIACE A CI.ASSITIED AD I 76q-70?5 (T0Lt FREE) 30 0AYS ? q00 (Jdr6 400 -3 i G29 OAYS Cbc 4tin"m!.{crntD 50 DAYS el,I{erald 4J J6 La'{e}6?00130Ea00000q 3e3ta x2tE70 0 06/20/95 tr I I 29 BEEATABLE ta |700I it (r e @bc /iliami ttcralb A Kni8hl-Rjddcr Nc\^sPaPcr PUBLISHED DAILY I.II A'{ I - DADE - F I.ORI DA STATE OF FI,ORI DA COUNTY OF DADE Before the undersigned authoritY personal lY aPPeared : ANN I,iARTUIA who on oath says that he,/she is: ('IISTONT A.N OF FSCI|RDS of The Miami Herald, a dailY news- paper published at uiani in Dade county, Florida; that the attached copy of advert isement r^ra s publ ished in laid newspaPer in the issues of: JUNE 20, 28' 1993 Zr/,*- 92r pr.23a. i#fr#bau"* sworn to andthis 30rh d ay subscribed before rne of June A. D' 1993 My Comnissionexpires: I -05 se BentonE. Iiiliti*ir,iixfii{i 0, Onc llt,rald Plaza, \'liami, Florida 33132-1691 (305) 350-21 I I 'zzzm-/z- Affiant further saYs that the said The lliami Herald is a newsPaPer publ ished at Miarni, in the said Dade county, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each daY and has been entered as second class mail natter at the post office in Miami, in said Dade county, Florida, for a period of one year next Precedingthe first publication of the at- tached copy of trdvertisenent; and affiant further saYs that he hasneither paid' nor promised any per- son, firm or corPoration anY dis- count, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaPer(s). MEMORANDUM TO; CITY MANAGER ROBERT FLATLEY FROM: WANDA MULLIKIN, CITY CLERK SUBJECT: RECOMMENDED AMENDMENTS TO UTILITIES SECTION OF CODE DATE: FEBRUARY 1, 1994 UTILITIES DIRECTOR BUD PALM AND MEMBERS OF THE UTILITIES STAFF HAVE ENCOUNTERED PROBLEMS IN THE UTILITY DEPARTMENT AND WOULD LIKE TO PRESENT THE ATTACHED RECOMMENDED AMENDMENTS TO THE CITY CODE FOR CONSIDERATION BY THE COMMISSION: Section 27-3 Addition Addition: 27-3(e) - "lt is unlawful for any owner or tenant of a residential unit to knowingly supply water to another unit(s) wherein water is not available for any reason. ln the event the city sees evidence of this occurring, the party supplying the water will be billed on an additional unit(s) basis. The owner or consumer will also be subject To the maxi- mum fine as set forth in Section 1-8 of the city code; which fine shall be added to and become a part of the utilities bill for that residential unit." Amendment: Section 27-8 (a'1- "Authority and grounds for discontinuance of service and imposition of penalties for violations" Note: Staff has discovered that there are instances where utility service has been discontinued for nonpayment that the occupant has been receiving or buying water from other residential units next to or in close proximity. Staff feel that if those units supplying the water raltere billed on an additional unit basis that this practice would be eliminated due to the efcessive cost of an additional unit. EXISTING CODE AMENDMENT Section 27-8 (a) Authority and Grounds for discontinuance of service by utility department. Note: Staff has encountered the problem of owners with more than 1 unit being supplied water by 1 meter, requiring one of the tenants to post the deposit. Many of these tenants are not informed that there are more than 1 unit being serviced by the meter and that they will be responsible for the entire bill. Section 27-B - Addition Section 27-23 - Addition Section 27-53 Sanitary sewer services, cancellation. Section 27-9 (b) A backflow preventer valve shall be installed and maintained on supply line as stated in chapter 4620 of the South Fla. Building Code. Addition - Section 27-8 (12) "Any violation of subsections (1) through (11) hereinabove shall be subject to penalties as provided for in.-#;iltig;ffi Y$-i).i':u"/L''r4 Addition - Section 27-23 (7) - "Owner of more than one unit supplied by one meter will be required to post the deposit. Tenant deposits will not be accepted by the city for said services" Amended - Section 27-53 - "Sanitary sewer service cancellation and impo- sition of penalties for violations" Amendment - Section 27-9 (b) - "A backflow preventer valve shall be installed on supply lines as stated in the Fla. Administrative Code 17-555.360 and the BOCA Uniform Plumbing Codes. Section 27-53 - Addition Addition - Section 27-53 (9) - "Any violation of subsections (1) through (1 1) hereinabove shall be subject to the maximum fine as pro- vided for in Section 1-8 of the city code; which fine shall be added to and become a part of the utilities bill for that unit. Note: This addition will allow the city to assess and collect fines for violations by adding them to the utility bill. Note: This amendment is necessary in order to reference the proper authority regarding the backflow preventers. I am requesting that you place this ordinance on the next workshop for discussion ORDINANCE NO. AN ORDINANCE OF THE CIry OF DANIA, FLORIDA, AMENDING SECTIONS 27-3,27-8,27-9,27-23 AND 27-53 TO REGULATE THE SUPPLYING OF WATER BY A CONSUMER TO A UNIT NOT A PART OF THE CONSUMER'S PROPERTY; PROVIDING FOR POSTING OF DEPOSITS BY OWNERS OF MORE THAN ONE UNIT SUPPLIED BY ONE(1) METER; PROVIDING FOR PENALTIES; PROVIDING FOR BACKFLOW PREVENTER VALVES; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CIry COMMISSION OF THE CITY OF DANIA' FLORIDA: Section 1. That Section 27-3 ot the Code of Ordinances is hereby amended by adding a new subparagraph (e) thereto which shall read as follows: '(e) lt is unlawful for any owner or tenant of a residential unit to knowingly supply water to another unit(s) wherein water is not available for any reason. ln the event the city sees evidence of this occurring, the party supplying the water will be billed on an additional unit(s) basis. The owner or consumer will also be subject to the maximum fine as set forth in Section 1-8 of the city code; which fine shall be added to and become a part of the utilities bill for that residential unit." Section 2. That Section 27 -8 of the code of Ordinances is hereby amended as follows: (a) The title to said Section 27-8 shall be amended to read: "Authority and grounds for discontinuance of service and imposition of penalties for violations" (b) That Section 27-8 shall be further amended by adding a new sub-section (12) thereto which shall read as follows: "(12), any violations of subsections (1) through (1 1) hereinabove shall be subject to penalties as provided for in Section 1-8 of the city code which fine shall be added to and become a part of the utilities bill for that unit.' Section 3. That Section 27-9(b) of the Code of Ordinances is hereby amended as follows: '(b) A backflow preventer valve shall be installed and maintained on supply line as stated in the Florida Administrative Code 17-555.360 and the BOCA Uniform Plumbing Codes." Section 4. That Sections 27 -23 of lhe Code of Ordinances of the City of Dania is hereby amended by adding a new sub-paragraph (7) thereto which shall read as follows: "(7) Owners of more than one unit supplied by one (1) meter will be required to post the deposit. Tenant deposits will not be accepted by the city for said service." Section 5. That Section 27-53 ol the Code of Ordinances is hereby amended as follows: "(a) That the title to said Section 27 -53 be amended to read: "Sanitary sewer service cancellation and imposition of penalties for violations". (b) "(9) any violation of subsections 1 through 1 t hereinabove shall be subject to the maximum fine as provided for in Section 1-8 of the city code; which fine shall be added to and become a part of the utilities bill for that unit." Section 6. That except as herein amended all other provisions of Section 27 That Section 27-53 shall be further amended subsection (9) thereto which shall read as follows: by adding a new of the Code of ordinances shall remain in full force and effect. Section 7. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 8. That this ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the - day of -, 1994 PASSED and ADOPTED on Second and Final Reading on the - day of _, 1994. MAYOR COMMISSIONER ATTEST: CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: FRANK C. ADLER, City Attomey MEMORANDUM TO: CITY ATTORNEY ADLER FROM: WANDA MULLIKIN, CITY CLERK t//vl SUBJECT: AMENDMENTS TO CHAPTER 27 OF CODE DATE: JANUARY 13, 1994 BUD PALM AND MEMBERS OF THE UTILITIES STAFF HAVE RUN INTO PROBLEMS IN THE UTILITIES DEPARTMENTAND WOULD LIKE TO PRESENT THE ATTACHED RECOMMENDED AMENDMENTS TO THE UTILITIES SECTION OF THE CODE FOR CONSIDERATION BY THE COMMISSION, WOULD YOU PLEASE PREPARE ON ORDINANCE AMENDMENT INCORPORATING THESE AMENDMENTS. THANKS FOR YOUR COOPERATION. Recommended amendments to Utility Chapter 27 of Code: Section -27 -3 (e) (addition) lt is unlawful for any owner or consumer at a residential unit to knowingly supply water to another unit(s) wherein water is not available for any reason. ln the event the city sees evidence of this occurring, the party supplying the water will be billed on an additional unit(s) basis. The owner or consumer will also be subject to a fine or imprisonment as set out in Section 27 -29(D) of this chapter. Section 27-8 (7) Add at beginning of section: The City may assess a $500.00 fine which can be added to the water bill of any owner or occupant Section 27 -23 (7) (addition) Owners of more than one unit supplied by 1 meter will be required to post the deposit. Tenant deposits will not be accepted by the city. Section 27-53 Change to read: All sanitary sewer services shall be subject to cancellation and the city may assess a $500.00 fine that may be added to the sewer bill of any owner or occupant for any of the following reasons: s 27-8 DANIA CODE been pulled or locked aIrd will not commence until the meter has been reinstalled or unlocked (Ortl. No. 30-91, $ 1, 9-11"91; Ord. No. 04'92' $ 1, 1'28-92; Ord- No' 05'92' S 7' 2-25'92) Sec. 27.9. Water meters. (a) AII meters shall be furnished and installed by the utility department upon appiication of owner or his/her agent and the pa;rment of prescribed charges, and all meters furnished and installed shall be and remain subject to absolute and exclusive control of the utility depad- ment. (b) A backllow preventer valve shall be insta.lled and maintained on supply line as stated in chapter 4620 of the South F lorida Building Code' (Ord. No. 30-91, $ 1, 9-11'91) Sec. 2?-10. Meters-Location. (a)Ineveryinstanceofmeteredutaterservice,theownershallprovideandmaintaina location for the meter which is acceptable to the utility department. when any meter has once been placed, its position shall not be changed except by the utility department' at the cost of the owner, and in the event that any owner makes any change in his premises, which in the discretion ofthe utility department requires any change in location of meter or meter box, such change shall be made by the utility department at the cost and expense of the owner' (b) Any property owner whose water meter is inaccessible to the meter reader because of fence or other obstruction, will be notifred by the utility department and allowed sixty (60) days to cause the meter to be made accessible. If the meter is not made accessible within the sixty (60) days from time of writien notice mailed by the city, a flat charge of twenty-five dollars ($25.00) per month will be added to the utility bill until such time the meter has been made accessible. (Ord. No. 30-91, S 1, 9'11-91) See. 27-11. Same-RePairs. Repairs, renewals and replacements of water meters, meter boxes, with all connections and appiiances shall be made exclusively by the utility department, as indicated by the judgment of the utility dePartment. (Ord. No. 30-91, S 1, 9-11-91) Sec. 27-12. Same-Reading. Meters shall be read monthly or bimonthly and bills shall be rendered on the basis of said readings provided meter is in good order since the previous reading. If the meter has been damaged or otherwise is not in good order as determined by the utility department, billings m'ay be rendered on estimated consumption which will be based on the average of the imme- diate past three (3) normal readings. (Ord. No. 30-91, $ 1,9-11'91) Supp. No, 44 1608 Sec. 27-9 meters (b) A backflow preventer valve shBll be installed and maintained on $pply line as stated in the Florida Administrative Code 17-555.360 and the BOCA Uniform Plumbing Codes.