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Home My WebLink AboutR-1982-463 f RESOLUTION NO- 463 A RESOLUTION CONCERNING THE FORT LAUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT TERMINAL EXPANSION, A DEVELOPMENT OF REGIONAL IMPACT PROPOSED BY BROWARD COUNTY AVIATION DIVISION , LOCATED WITHIN THE JURISDICTIONS OF THE CITY OF DANIA, CITY OF FORT LAUDERDALE , AND BROWARD COUNTY, FLORIDA; AMENDING PARAGRAPH 4C OF THE CONDITIONS FOR APPROVAL TO INCORPORATE CERTAIN AGREEMENTS AND A MEMORANDUM OF UNDERSTANDING BETWEEN BROWARD COUNTY AND THE CITY OF DANIA; FINDING THAT SAID AMENDMENT DOES NOT CONSTI- TUTE A SUBSTANTIAL DEVIATION TO THE DEVELOP- MENT ORDER; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE. DATE. i i 1 WHEREAS, the Broward County Aviation Division has proposed a terminal expansion at Fort Lauderdale-Hollywood International Airport and the City of Dania adopted a DRI development order , Resolution No. 449 , approving with conditions the application for i i development approval ; and WHEREAS , both the City and the County have diligently and in jgood faith engaged in negotiations and have reached the agreements and the memorandum of understanding attached hereto, which consti- tute satisfaction of Paragraph 4C of the Conditions of Approval; ,r 3 and WHEREAS , it is in the best interests of the City of Dania to execute said agreements and memorandum of understanding ; i NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY i OF DANIA, FLORIDA: Section 1. The City Commission of the City of Dania, Florida, has considered at a public meeting held on June 14, 1982, the following agreements and memorandum, which are attached hereto and incorporated herein: A. Agreement for replacement of water system and roadway r, facilities, and facility lease and social services , and B. Agreement for C. Agreement for emergency fire protection service , and D. Memorandum of understanding for agreement to provide 41 backup police service , and E. Agreement for noise abatement facility and name recogni- tion. Section 2. The City commission approves and authorizes execution of the above-referenced agreements and memorandum of 1 " understanding. l J • Section 3. Execution by the City Of Dania and Broward County, Florida, of the above-referenced agreements and memorandum 1 of understanding signify that Paragraph 4C of the Conditions of IApproval of the development order Resolution No. 449, is complied with and fully satisfied by Broward County, i Section 4. The City Commission finds that the above-refer- enced agreements and memorandum of understanding are consistent with Paragraph 4C of the Conditions of Approval of the development i order and do not constitute a substantial deviation from its terms a and conditions . , Section 5. All resolutions or parts of resolutions in con- flict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. This resolution shall be in force and take effect immediately upon its passage and adoption. a 1 i PASSED AND ADOPTED this / day of June 1982, OHN BERTINO, MAYOR ;j ATTEST: i i fWANDA MULLIKIN, CITY CLERK i i PREPARED AND APPROVED BY: EARL G. GALLOP ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS : R FRANK ADLER, CITY ATTORNEY 3 � t i + -2- i IN THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION i I IN RE: CASE NO: I A DEVELOPMENT OF REGIONAL IMPACT, KNOWN AS THE FORT LAUDERDALE-HOLLYWOOD INTER- NATIONAL AIRPORT TERMINAL EXPANSION PROPOSED FOR DEVELOPMENT IN BROWARD COUNTY, FLORIDA, BY BROWARD COUNTY THROUGH ITS AGENCY THE BROWARD COUNTY AVIATION DIVISION. I I STIPULATION TO AMEND DEVELOPMENT ORDER AND DISMISS APPEAL WHEREAS , the City of Dania (hereinafter "CITY" ) adopted a DRI development order, Resolution No. 449 , approving with condi- tions the above-referenced airport expansion DRI proposed by i Broward County, Florida (hereinafter "COUNTY" ) ; and WHEREAS , COUNTY took an appeal to the Florida Land and Water Adjudicatory Commission from certain findings and conditions of the DRI development order; and WHEREAS , both CITY and COUNTY, desiring to resolve the issues in controversy, have diligently and in good faith engaged in settlement negotiations and have reached the agreements at- i tached hereto; and 1 WHEREAS , CITY and COUNTY have executed the agreements at- tached hereto and will faithfully fulfill the terms and conditions of the agreements. i I LAW OFFICES OF MILLEOGE & HERMLLEE,2699 SOUTH BAYSHORE DRIVE, MIAMI,FLORIDA 33133 TELEPHONE 858.5660 i NOW, THEREFORE, BE IT RESOLVED THAT: 1. CITY and COUNTY stipulate and agree that the following agreements , attached hereto and incorporated herein, were executed by the parties on the dates indicated therein: A. Agreement for replacement of water system and road- way facilities , and jB. Agreement for facility lease and social services , and C. Agreement for emergency fire protection service , and i D. Memorandum of understanding for agreement to provide j backup police service , and i E . Agreement for noise abatement facility and name recognition. 2 . Execution by CITY and COUNTY of the aforementioned agreements and this stipulation signifies that condition 4C of the development order, Resolution No. 449, is complied with and fully satisfied by COUNTY. O..CT: Ili 3 . The executed agreements incorporated herein are consis- tent with condition 4C of the development order and do not consti- tute a substantial deviation from its terms and conditions . 4 . Upon execution of this stipulation by CITY and COUNTY, COUNTY shall file a voluntary dismissal of its appeal to the Florida Land and Water Adjudicatory Commission. I I 1 IN WITNESS WHEREOF, the parties hereto have made and exe- cuted this stipulation on the respective dates under each signa- { I I I -2- t'j:fo-Uj11 LL3 Gear' -a.L :,O URSC.Lr ;lr1 C(IUCLZC:1 to execute same by the Board of County Commissioners, and CITY OF DANIA, signing by and through its Mayor, City Manager and Clerk- _ Auditor, duly authorized to execute same. j COUNTY i By. HARRY A. STEWART � General Counsel CITY ATTEST: CITY OF DANIA By: 4 WANDA MULL KIN 00,oU HN BERT O City Clerk-Auditor May Commissioner Approved as to form and BY: correctness: RI ARD MARANT, City Manager j By, �, C�'��lv Executed by the City of Dania, FRANK C. ADLER this / day of 1982. City Attorney d i I I i i I i i r i 'f CERTIFICATE OF SERVICE I HEREBY CERTIFY that true copies of the foregoing Stipula- tion to Amend Development Order and Dismiss Appeal were mailed/ hand-delivered on this day of May, 1982, to the following: Hon. Robert Graham Office of Planning and Governor, State of Florida Budgeting The Capitol Executive Office of Tallahassee, Florida 32304 the Governor Room 311 Hon. Jim Smith Carlton Building Attorney General Tallahassee, Florida The Capitol Tallahassee, Florida 32304 Director, Division of Local Resourse Management Hon. George Firestone Bureau of Land & Secretary of State Water Management The Capitol Florida Department of Tallahassee, Florida 32304 Community Affairs 2571 Executive Center Cr. , E. Hon. Gerald A. Lewis Tallahassee, Florida 32301 State Comptroller The Capitol Mr. Barry Peterson Tallahassee , Florida 32304 Executive Director South Florida Regional Hon. Ralph Turlington Planning Council Commissioner of Education Suite 429 The Capitol 1515 N. W. 167th Street Tallahasee , Florida 32304 Miami , Florida w � Hon. Doyle Connor Earl G. Gallop, Esquire Commissioner of Agriculture Milledge & Hermelee The Capitol 2699 South Bayshore Drive Tallahassee , Florida 32304 Miami , Florida 33133 Hon. William Gunter State Treasurer and Insurance Commissioner The Capitol Tallahassee , Florida 32304 i � I i i .I -4- I i LAW OFFICES MILLEDGE & HERMELEE OFFICE IN THE GROVE 2699 SOUTH BAYSHORE DRIVE ALLAN MILLEDGE MIAMI, FLORIDA 33133 OF COUNSEL BRUCE G. HERMELEE FRANK SCHNIDMAN ALAN ROSENTHAL EARL G. GALLOP TELEPHONE 059-5660 DEBBIE MALINSKY AREA CODE 305 BRUCE F.IOEN June 14, 1982 Mr. Joel Volinski Assistant County Administrator Room 248 Broward County Courthouse 201 S. E. Sixth Street Fort Lauderdale , Florida 33301 Re: Fort Lauderdale-Hollywood International Airport Terminal Expansion DRI; Letter of Understandin Dear Joel: This letter of clarification is issued in connection with the Agreement between Broward County and the City of Dania for facil- ity lease and social services , dated June 11 , 1982, to acknowledge that Broward County will permit the Dania Housing Authority to continue to use the facility it now occupies , rent free , until they relocate to other facilities . Please signify your approval of this arrangement by placing your signature in the space pro- vided below. With best regards . Sincerely yours , Earl G. Gallop EGG/cs cc: Richard Marant , City Manager APPROVED BY: Joel Volinski Assistant County Administrator LAW OFFICES MILLEDGE & HERMELEE OFFICE IN THE GROVE 2699 SOUTH SAYSHORE DRIVE ALLAN MILLEDGE MIAMI� FLORIDA 33133 OF COUNSEL BRUCE G. HERMELEE FRANK 5CHNIOMAN ALAN ROSENTHAL EARL G. GALLOP TELEPHONE 858-5660 DEBBIE MALINSKY AREA CODE 305 BRUCE F.IDEN June 14 , 1982 Mr. Joel Volinski Assistant County Administrator Room 248 Broward County Courthouse 201 S. E. Sixth Street Fort Lauderdale , Florida 33301 Re: Fort Lauderdale-Hollywood International Airport '-) Terminal Expansion DRI ; Letter of Understandin Dear Joel: This letter of understanding is issued to clarify the intent of the City of Dania to annex a portion of the unincorporated area of the County, which action will be supported by Broward County, Florida, pursuant to Paragraph 28 of the unumbered resolution, adopted January 27 , 1982, approving the application for the air- port expansion DRI . The area that the City of Dania intends to annex is that area generally bounded on the east by Ravenswood Road, on the north by State Road 84, on the south by Sterling Road , and on the west by the area lying generally south of the bridge over the south fork of the New River, such area excluding all areas designated or currently used for residential uses . With best regards. Sincerely yours , Earl G. Gallop EGG/cs cc: P7ayor John Bertino Richard Marant , City Manager Marcia Beach, Chairperson