HomeMy WebLinkAboutR-2001-159 RESOLUTION NO. 2001-159
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT WITH
BROWARD COUNTY AND THE CITY OF DANIA BEACH RELATED TO
ANNEXATION OF THE "SOUTH CENTRAL UNINCORPORATED AREA";
PROVIDING FOR THE ANNEXATION OF PORTIONS OF
UNINCORPORATED BROWARD COUNTY DESCRIBED IN SECTIONS 1, 3
AND 4 OF CHAPTER 2000-474, LAWS OF FLORIDA (2000), BEING
ANNEXED INTO THE MUNICIPAL BOUNDARIES OF THE CITY OF DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, upon voter-approved referendum, portions of the unincorporated area
in Broward County described in Sections 1, 3 and 4 of Chapter 2000-474, Laws of Florida
(2000), referred to as the"South Central Unincorporated Area", resulted in being annexed
into the municipal boundaries of the City of Dania Beach; and
WHEREAS, the Dania City Commission will receive the South Central
Unincorporated Area into the City effective as of September 15, 2001; and
® WHEREAS, it is mutually beneficial to the City of Dania Beach and Broward County
to ensure a smooth transition of the South Central Unincorporated Area from Broward
County to the City of Dania Beach; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach approves the Interlocal
Agreement between Broward County and the City of Dania Beach, a copy of which is
attached as Exhibit "A" to this Resolution, relating to the annexation of the South Central
Unincorporated Area, which is further identified in Exhibits"B" of the Interlocal Agreement
as Areas A, B and C.
Section 2. That the proper City Officials are directed to execute the Interlocal Agreement
and the City Manager and City Attorney are authorized to make minor revisions to said
Interlocal Agreement that are deemed in the best interest of the citizens of the City of
Dania Beach.
Section 3. That all resolutions or parts of resolutions in conflict are repealed to the
extent of such conflict.
1 RESOLUTION NO. 2001-159
Section 4. That this resolution shall be in force and take effect immediately upon its
16 passage and adoption.
PASSED AND ADOPTED ON THIS 12th DAY OF SEPTEMBER, 2001.
PATRICIA FLORY
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
HARL NE J ON COMMISSIONER MIKES - YES
ACTING CITY ERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: 1� � , U�
THOM S S A SBRO
CITY ATTORNEY
2 RESOLUTION NO. 2001-159
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FLORIDA
September 17, 2001
Ms. Marcie Gellman
Assistant Budget Director
Broward County Governmental Center
115 South Andrews Avenue, Room 404
Ft. Lauderdale, FI 33301
Dear Ms. Gellman:
On September 12, 2001, the Dania Beach City Commission adopted
Resolution No. 2001-159 approving the Interlocal Agreement with Broward
County relating to the annexation of the "South Central Unincorporated Area"
• described in Sections 1,3 and 4 of Chapter 200-474, Laws of Florida.
We have enclosed a copy of Resolution No. 2001-159 and four (4)
Interlocal Agreements that have been fully executed by the City. Upon execution
by Broward County, please return one fully executed original to me for our files.
If you have any questions regarding this agreement, please contact Jason
Nunemaker, Acting City Manager, at (954) 924-3610.
Sincerely,
h rlene J h son
Acting City erk
/cj
Enclosures
•
"Browards First Cite-
100 WC-st I)ania 13caCIi I cvar(l I)aIIIa Iic':1CII, I]"I I ;t i-3()(Vi I'h,mc: (`)�.-�) 921-8700 i,%tLIiJI-IIs
AGREEMENT
Between
BROWARD COUNTY
and the
CITY OF DANIA BEACH
related to
ANNEXATION OF THE "SOUTH CENTRAL UNINCORPORATED AREA"
This is an Agreement, made and entered into by and between: BROWARD COUNTY, a
political subdivision of the State of Florida, acting by and through its Board of County
Commissioners,'hereinafter referred to as "COUNTY," and the CITY OF DANIA BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY."
WHEREAS, in order to establish the background, context, and frame of reference for this
Agreement and the objectives and intentions of COUNTY and CITY, the following statements,
representations, and explanations are predicates for the undertakings and commitments included
within the provisions which follow and shall be construed as essential elements of the mutual
considerations upon which this Agreement is based; and
WHEREAS, it is the purpose and intent of this Agreement for COUNTY and CITY to
provide for a means by which each governmental entity may exercise cooperatively its respective
powers and privileges in order to achieve a smooth transition of the South Central Unincorporated
Area from the COUNTY to the CITY; and
WHEREAS, this Agreement is an interlocal agreement entered into pursuant to Section
163.01, Florida Statutes, the Florida Intergovernmental Cooperation Act of 1969, as amended.
Prior to the effectiveness of any provisions of this Agreement and any amendments hereto, this
Agreement including any amendments shall be filed as provided by Section 163.01(11); and
WHEREAS, the State of Florida approved Chapter 2000-474, Laws of Florida (2000),
during the 2000 legislative session which, upon voter-approved referendum, resulted in the
portions of the unincorporated area in Broward County described in Sections 1, 3, and 4 of
Chapter 2000-474, Laws of Florida (2000) (hereinafter sometimes referred to as the "South
Central Unincorporated Area"), being annexed into the municipal boundaries of the CITY; and
WHEREAS, annexation of the South Central Unincorporated Area into the CITY will be
effective September 15, 2001; and
WHEREAS, it is mutually beneficial to CITY and COUNTY to ensure a smooth transition
of the South Central Unincorporated Area from the COUNTY to CITY; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, and covenants
hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - means this document, Articles 1 through 6, inclusive. Other terms and
conditions are included in the exhibit that is expressly incorporated by reference.
1.2 Board - The Broward County Board of County Commissioners.
1.3 City Contract Administrator -The City of Dania Beach City Manager is the City Contract
Administrator.
1.4 County Contract Administrator - The Broward County Administrator is the County
Contract Administrator.
ARTICLE 2
• SERVICES AND REVENUE
The obligations and commitments of COUNTY and CITY regarding transition of the South
Central Unincorporated Area from COUNTY to CITY under this Agreement are as set
forth in Exhibit A, which is attached hereto and incorporated herein by this reference.
ARTICLE 3
EFFECTIVENESS. TERM
This Agreement shall become effective on September 15, 2001. The obligation of
COUNTY to continue providing services identified in Exhibit "A" shall terminate as
provided in Exhibit A. Notwithstanding any other provision to the contrary, if a
COUNTY obligation to act or to provide service pursuant to this Agreement exists after
September 30, 2002, COUNTY shall have the right to discontinue providing such service
at any time by giving at least 30 days' prior written notice to CITY, after which time it
shall be CITY's obligation and responsibility to act or provide such service..
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ARTICLE 4
GOVERNMENTAL IMMUNITY AND LIABILITY RISK
Nothing contained in this Agreement is intended to serve as a waiver of sovereign
immunity by any party. CITY assumes the risk for any and all loss and liability which
results from this Agreement, if any, which are not the fault of COUNTY. COUNTY urges
CITY to insure against potential loss and liability through CITY's insurance carrier as
COUNTY does not assume or accept responsibility or liability for CITY by any means,
whether insurable or otherwise, when such loss or liability is not the fault of COUNTY.
ARTICLE 5
TERMINATION
In the event of breach, this Agreement may be terminated by the aggrieved party, acting
by and through its governing body, upon not less than ten (10) days written notice to the
other party. Such written notice shall specifically identify the breach. This Agreement may
also be terminated by either parties' Contract Administrator upon such notice as such
Contract Administrator deems appropriate under the circumstances in the event such
Contract Administrator determines that termination is necessary to protect the public health
or safety. Notice of termination shall be provided in accordance with the "NOTICES"
section of this Agreement.
ARTICLE 6
MISCELLANEOUS
6.1 OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, and other data and documents created in
connection with this Agreement are and shall remain the property of the party that created
same and CITY shall accept from COUNTY for lawful management, retention,
destruction, and/or disclosure any such document delivered to CITY by COUNTY.
6.2 AUDIT RIGHT AND RETENTION OF RECORDS
CITY and COUNTY shall have the right to audit the books, records, and accounts that are
related to this Agreement. CITY and COUNTY shall keep such books, records, and
accounts as may be necessary in order to record complete and correct entries related to this
Agreement.
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CITY and COUNTY shall preserve and make available, at reasonable times for
examination and audit, all financial records, supporting documents, statistical records, and
any other documents pertinent to this Agreement for the required retention period of the
Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida
Public Records Act is not applicable, for a minimum period of three (3) years after
termination of this Agreement. If any audit has been initiated, the books, records, and
accounts shall be retained until completion of the audit; provided, that if audit findings
have not been resolved, such books, records, and accounts shall be retained until resolution
of the audit findings.
6.3 NONDISCRIMINATION
CITY shall not unlawfully discriminate against any person in its operations and activities
or in its use or expenditure of funds in fulfilling its obligations under this Agreement.
CITY shall affirmatively comply with all applicable provisions-of the Americans with
Disabilities Act(ADA), including Titles I and II of the ADA (regarding nondiscrimination
on the basis of disability), and all applicable regulations, guidelines, and standards. In
addition, CITY shall take affirmative steps to ensure nondiscrimination in employment
against disabled persons.
CITY's decisions regarding the delivery of services under this Agreement, if any, shall be
made without regard to or consideration of race, age, religion, color, gender, sexual
® orientation(Broward County Code, Chapter 161/2), national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be lawfully used
as a basis for service delivery.
CITY shall not engage in or commit any discriminatory practice as described in or in
violation of the Broward County Human Rights Act(Broward County Code, Chapter 161/2)
in performing any services, if any, pursuant to this Agreement.
6.4 INDEPENDENT CONTRACTOR
No partnership, joint venture, or other relationship is created hereby. Neither COUNTY
nor CITY extends to the other's agent(s) any authority of any kind to bind them in any
respect whatsoever.
6.5 THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intend to directly or substantially benefit a third party by this
Agreement. Therefore, the parties agree that there are no third party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against either of them
based upon this Agreement.
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6.6 NOTICES
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or by hand
delivery with a request for a written receipt of acknowledgment of delivery, addressed to
the party for whom it is intended at the place last specified. The place for giving notice
shall remain the same as set forth herein until changed in writing in the manner provided
in this section. For the present, the parties designate the following:
FOR BROWARD COUNTY:
Broward County Administrator
Governmental Center, Room 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
100 West Dania Beach Blvd
Dania Beach 33004
6.7 ASSIGNMENT
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered.
6.8 WAIVER OF BREACH
Neither COUNTY's nor CITY's failure to enforce any provision of this Agreement shall
be deemed a waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a�waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this Agreement.
6.9 COMPLIANCE WITH LAWS
Each party shall comply with all federal, state, and local laws, codes, ordinances, rules,
and regulations with respect to its commitments, duties, responsibilities, and obligations
pursuant to this Agreement.
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6. 10 SEVERANCE
• In the event a court of law should find any part of this- Agreement to be invalid or
unenforceable, the remaining terms of the Agreement shall be considered unaffected and
enforceable to the fullest extent of the law, provided the parties' original intent is not
materially affected by exclusion of an unenforceable or invalid provision.
6.11 JOINT PREPARATION
In interpreting this Agreement, no significance shall be given to the fact that one party may
have authored the Agreement; rather, this Agreement shall be construed as a mutually
acceptable document fully and fairly negotiated by the parties hereto.
6.12 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any
document incorporated into this Agreement by reference and a term, statement,
requirement, or provision of Articles 1 through 6 of this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 6 shall prevail and be given
effect.
6.13 CONSTRUCTION OF AGREEMENT
The truth and accuracy of each "Whereas" clause set forth above are acknowledged by the
parties and same are hereby incorporated into and made a part of this Agreement. It is the
intent of the parties that this Agreement shall be liberally construed and interpreted
consistent with the "Whereas" clauses set forth herein so as to fully effectuate its purposes
and intent.
6.14 JURISDICTION. VENUE, WAIVER OF JURY TRIAL
This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the state of Florida. Any controversies or legal problems arising out of this
Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth
Judicial Circuit and venue for litigation arising out of this Agreement shall be in such state
courts. By entering into this Agreement, CITY and COUNTY hereby expressly waive any
rights either party may have to a trial by jury of any civil litigation related to this
Agreement.
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6.15 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document prepared with the same or similar
formality as this Agreement and executed by the Board and CITY.
6.16 PRIOR AGREEMENTS
This document represents the final and complete understanding of the parties and
incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. The parties
agree that there is no commitment, agreement, or understanding concerning the subject
matter of this Agreement that is not contained in this written document. Accordingly, the
parties agree that no deviation from the terms hereof shall be predicated upon any prior
representation or agreement, whether oral or written. _
6.17 TRAFFIC ENGINEERING AGREEMENT
It is not the intent of the parties to alter or affect the terms of the Traffic Engineering
Agreement between them, approved by the Broward County Board of County
Commissioners on August 24, 1983,.unless specifically in conflict herein. In the event of
such conflict, the terms of such Traffic Engineering Agreement shall prevail.
6.18 REPRESENTATION OF AUTHORITY
The individuals executing this Agreement on behalf of any entity hereby represent and
warrant that they are on the date of this Agreement duly authorized by all necessary and
appropriate action to execute this Agreement on behalf of their principal.
6.19 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be executed by all parties, each of which, bearing
original signatures, shall have the force and effect of an original document.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement:
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Chair or Vice Chair, authorized to execute same by Board action on the--�54\day of
20 01 , and CITY, signing by and through its Mayor and CITY Clerk, duly
authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
Broward County Administrator, as By ��'
Ex-officio Clerk of the BrQward County E. Rodstrom, Jr., Chair
urumrir
Board of County Commissic�� of
,,
A"Fof
�a 0 �47CQ O Approved as to form by
1 1 rsT m EDWARD A. DION, County Attorney
C-2 for Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Insurance requirements Fort Lauderdale, Florida 33301
approved by Broward County ,.� Telephone: (954) 357-7600
Risk Management Division Teleco 'er: (954) 5 7641
By ,F ?/ 1�j14/
By (Date) Larr . Ly -J hnson (Date)
Deputy Cou' ttorney
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AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH
RELATED TO ANNEXATION OF THE "SOUTH CENTRAL UNINCORPORATED AREA"
CITY
CITY OF DANIA BEACH
ATTEST:
BY
�a
Honorable rat_ F, ,,ry , Miyor of
Charlene Johnson ,(City Clerk the City of Dania Beach
Acting
17 day of September 20 01
Approved as to form: �'a® Linda G. Fry
Commiwon#CC 767960
By / ?S r-4 aTi N+M�tGp> l}IP)Q CR.Iwr
PJ
Thomas Ansbrq+City Attorney
By;
J o Nunemaker
STATE OF FLORIDA ) ng �;1EYXn6NX City Manager
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this 1 day of t ,
2001 by Pat Flury and rl,Tohsnne , respectively, as Mayor and eify er - o t e
City of Dania Beach, a Florida municipal corporation, and both executing the foregoing on behalf
of the City of Dania Beach. fG��/t, wy an4/'cq/,� c & dare personally known to me or,
respectively, have produced and as identification.
Notary Public's signat Ue
�6
Type or print Notary me
Id.
Dania Bch.a01
#01-017
0/14/01
-9-
EXHIBIT A
The respective obligations and commitme
nts ents of the COUNTY and CITY are as follows:
1. Services Transitioned to CITY - Except as otherwise provided in this Agreement, CITY
shall be responsible for all municipal-level services beginning October 1, 2001. The
COUNTY shall continue to provide municipal-level services until October 1, 2001.
2. Building Code Services - All outstandingbuilding
g permits shall be inspected and finalized
by COUNTY, including expired building permits which are renewed. An
permit issued
after the effective date of the annexation shall be issued, inspected, and Finalized by CITY
COUNTY shall continue to monitor and enforce building code violations for compliance
for a period of time not to exceed one year from the effective date of the annexation. After
that time, CITY shall be notified that COUNTY will close its files, after which it shall be
CITY's responsibility to ensure compliance- All records for all building permits issued
by COUNTY prior to the effective date of the annexation shall remain as part of
COLiNTY's public records. COUNTY shall provide CITY officials, with free, open, and -
uttlunited access to all records needed in the performance of their duties daring regular
business hours that are being maintained by COUNTY.
Zoning Code Services - All records for all zoning permits issued by COUNTY prior to the
effective date of the annexation shall remain as part of COUNTY's public records.
• COUNTY shall continue to monitor and enforce pending zoning violations matters as of
the effective date of annexation for compliance for a period of time not to exceed one year
from the effective date of the annexation. After that time CITY shall be notified that
COUNTY will close its files. after which it will be CITY's responsibility to ensure
compliance in those matters. All outstanding zoningU permits and certificate of use
applications shall be inspected and finalized by CONTi' Any permit issued after the
effective date of the annexation shall be issued, inspected, and finalized by CITY.
Zoning designations under the Broward County;• Zoning Code shall remain in effect until
CITY adopts an ordinance changing; the zoning designations. Upon annexation, CITY shall
bo responsible for enforcement of all other provisions of the CITY's code of ordinances
: ithin the annexed area.
+. Ligineering and Right-of-Wayy 14ananement - COUNTY and CITY aclmowledge that
Jurisdiction and responsibility for, and title to, all public roads and public rights-of-way
associated therewith 1`ing within the South Central Unincorporated Area described,
including, but not limited to, those described in Exhibit "13.' hereinafter referred to as
"transferred roads," shall transfer from the COUNTY to the CITY effective September
1_�, 2001. pursuant to Sections 1, 3, and 4 of Chapter 2000-474. Laws of Florida (2000).
C'1T)` and COUNTY agree and acknowledge that all legal rights, title interest, and
�r�ponsibilities. including. but not limited to, the future planeing. design, construction.
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improvement, and maintenance of the transferred roads are relinquished by COUNTY and
accepted by CITY effective October 1, 2001, however:
A. All records for all permits issued by COUNTY prior to the effective date of the
annexation shall remain as part of COUNTY's public records.
B. All outstanding engineering permits shall be inspected and finalized by COUNTY.
C. Bonds held for outstanding Engineering permits will be maintained until successful
completion of the one-year warranty maintenance period.
D. Any permit issued after the effective date of the annexation shall be issued,
inspected, and finalized by CITY, except as provided herein below and except as
otherwise provided for in Exhibit "A."
E. COUNTY shall continue to monitor outstanding engineering permits for
compliance through the warranty maintenance period until final acceptance by
COUNTY. After acceptance, COUNTY shall notify CITY that COUNTY will
close its files, and it shall be the CITY's responsibility to-ensure compliance.
5. Street Maintenance- CITY hereby irrevocably accepts responsibility for maintenance of
the transferred roads. However, COUNTY will pay CITY Five Hundred Thousand Dollars
($500,000.00) to resurface the transferred roads. CITY must enter into a contract to
resurface the transferred roads by September 30, 2002. COUNTY will pay the Five
Hundred Thousand Dollars ($500,000.00) to CITY after CITY has awarded a contract for
such work and after COUNTY's receipt of CITY's invoice requesting payment for such
® work.
6. Planning and Development Review - CITY shall be responsible for the review of all final
plats within the annexed area which have not been approved by the Broward County Board
of County Commissioners by October 1, 2001. All plats approved by the Broward County
Board of County Commissioners prior to the effective date of the annexation shall be
entitled to be recorded as if such a plat was still located within the unincorporated area.
CITY shall be responsible for neighborhood planning as of the effective date of annexation.
CITY shall be responsible for the review of all final site plan applications which have not
received a development order from Broward County by October 1, 2001. The Future
Unincorporated Land Use Element of the Broward County Comprehensive Plan shall
remain in effect until CITY adopts an ordinance changing such land use designation by a
majority of the full governing body of CITY. Upon annexation, CITY shall be
responsible for implementation and administration of the Future Unincorporated Land Use
Element of the Broward County Comprehensive Plan within the annexed area.
7. Waterwav Management and Maintenance - CITY agrees to accept conveyance and
ownership of all water bodies which shall irrevocably and unconditionally become owned
by CITY upon the effective date of this Agreement. All storm sewers and associated storm
water outfalls serving roads that are transferred to CITY as part of the annexation shall be
owned by CITY. Storm sewers and the associated outfalls that primarily serve roads that
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will remain COUNTY's responsibility shall remain the responsibility of COUNTY. Such
storm sewers and associated outfalls shall be identified by COUNTY staff in a writing to
CITY I within six (6) months of the date this Agreement becomes effective, however,
COUNTY staff's failure to timely provide such list shall not affect CITY's ownership of
same.
8. Allocation of Revenues - CITY shall coordinate the notification and filing for the
necessary steps to ensure that State revenue sources identified below are transitioned to
CITY on October 1, 2001.
• Electric Utility Taxes
• Local Communications Services Taxes
• Electric Franchise Fees
• State Revenue Sharing
9. Garbage Collection - COUNTY shall continue to provide waste collection and recycling
services until December 31, 2001.
10. Continuation of Capital Project-The COUNTY shall complete the Southwest 40"'Avenue
drainage project and the Southwest 53`d Court bike path project for which COUNTY funds
are currently appropriated in COUNTY's budget.
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PREPARED BY: PLANNING SERVICES DIVISION
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PREPARED BY: PLANNING SERVICES DIVISION
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ENVIRONMENTAL PROTECTION