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O-1999-017
R n r "f t -s d- ._� .. s r, 1 7 ORDINANCE NO. 17-99 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY CLIFF BERRY, INC., FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM M-3 (INDUSTRIAL) TO THE CLASSIFICATION OF PEDD (PORT EVERGLADES DEVELOPMENT DISTRICT); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by Cliff Berry, Inc., for property legally described in Exhibit "A", a copy of which is attached to this ordinance and which is located within the City of Dania Beach, Florida, is granted and the property is rezoned from its present zoning classification of M-3 (Industrial) to an PEDD (Port Everglades Development District) zoning classification. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. PASSED and ADOPTED on first reading on the 8" day of June, 1999. PASSED and ADOPTED on second reading on the Yntl day of June, 1999. ,,,MAYOR-COP MISSIONER ATTEST: ROLL CALL: MAYOR BERTINO - YES ct t « VICE-MAYOR MCELYEA-YES SHERYL APMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI -YES APPROVED AS TO FORM AND CORRECTNESS: COMMISSIONER MIKES- NO BY: c /. _r✓ THOMAS J. ANSBRO CITY ATTORNEY ORDINANCE NO. 17-99 i f 7 EXHIBIT"A" PARCEL A, C.B.I. PLAT NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 162, PAGE 12, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: THE EAST ONE-HALF (E Y2) OF THE EAST ONE-HALF (E '/) OF THE NORTHWEST ONE-QUARTER (NW Y<) OF THE SOUTHWEST ONE-QUARTER (SW Y<); LESS: THE SOUTH 282.00 FEET THEREOF, OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 42 EAST, CONTAINING 8.1197 ACRES. ORDINANCE NO. 17-99 f r 7 e 7 AGENDA REQUEST FORM CITY OF DANIA Date: 06-01-99 y • Agenda Item#: Title: 2nd READING-ORDINANCE- RZ-28-99 REZONING REQUEST BY CLIFF BERRY, INC. Requested Action: PROPOSED REZONING FOR PROPERTY LOCATED IMMEDIATELY TO THE NORTH OF 999 ELLER DRIVE FROM M-3(INDUSTRIAL)TO P.E.D.D. (PORT EVERGLADES DEVELOPMENT DISTRICT) Summary Explanation &Background: ASSOCIATED WITH A SITE PLAN REQUEST SP-55-98 FOR THE RELOCATION OF AN EXISTING OIL PROCESSING COMPLEX Exhibits(List): ORDINANCE MEMORANDUM FROM TERRY L. VIRTA,AICP-GROWTH MANAGEMENT DIRECTOR MINUTES FROM 1994 COMMISSION MEETING REGARDING PORT EVERGLADES DEVELOPMENT DISTRICT-RESOLUTION 464-94 APPLICATION PUBLIC HEARING NOTICE LOCATION MAP Prepared By: TERRY L. VIRTA AICP, GROWTH MANAGEMENT DIRECTOR Source of Additional Information: (Name 6 Phone) Recommended for Approval By: PLANNING AND ZONING BOARD 5/19/99 r 7 MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: RZ-28-99 Second Reading — Rezoning to PEDD for Cliff Berry Inc. SP-55-98 Site Plan Approval for Cliff Berry Inc. Date: June 16, 1999 The applicant has submitted a request to rezone to PEDD and a site plan application for an oil recovery/recycle facility in the Port Everglades area. It has been described as a transfer station. What has been explained to staff is that the company collects material from oil spills and returns it to the site where water is removed and all of the material is then sent on to other sites. This site is similar to the Travel Ways location in that it was included as a portion of the 1996 Annexation. As such it still retains and enjoys the County M-3 Zoning designation. The County M-4 Zoning has Oil Recovery listed as a permitted use. There is not a similar designation contained within the listing for M-3. The City when it adopted the PEDD zoning designation agreed to rezone all of the property that was within the City as well as within the Port to PEDD. The applicant is requesting that his property be rezoned in advance of those other properties that will ultimately be included within this designation. The PEDD District includes petroleum processing, transmission and storage as a permitted use. This use would seem to include the petroleum salvage activities, separating oil from water, conducted by the applicant. The site plan meets all requirements of the City Code. It should be noted that if the property is zoned to PEDD they would technically be exempt from the City's site plan process as well as having to comply with the City's landscape code. The applicant is not seeking such an exemption. RECOMMENDATION The Planning and Zoning commission recommends that the rezoning from M-3 to PEDD be approved on Second Reading. It is further recommended that the City Commission approve the site plan as submitted. ..emor.2099 d. r lam' y INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: Thomas Ansbro, City Attorney FROM: Charlene Johnson, Deputy City Clerk I RE: Interlocal Agreement with Port Everglades, City of Hcllywood, City of Fort Lauderdale, City of Dania and Broward County DATE: June 11. 1999 At your request, I have enclosed the following information regarding discussion from the June 8, 1999, regular commission meeting on the PEDD(Port Everggades Development District): • 4/26/94-Copy of Res#64-94- Interlocal Agreement relating to Jurisdictional Matters, minutes and minutes backup of meeting. • 7/8/86 and 7/22/86—Minutes and Ord. #33-86- RZ-51-86-John Bond • Miscellaneous Correspondence from the agreement file If you need any further information, please advise. f L h i r f RESOLUTION NO. 64-94 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN: CITY OF HOLLYWOOD, FLORIDA, CITY OF FORT LAUDERDALE, FLORIDA, CITY OF DANIA, FLORIDA, AND BROWARD COUNTY, FLORIDA, RELATING TO JURISDICTIONAL MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1 That that certain Interlocal Agreement Pursuant to Chapter 163, Florida Statutes, Between: City of Hollywood, Florida, City of Fort Lauderdale, Florida, City of Dania, Florida, and Broward County, Florida, relating To jurisdictional a copy of which is attached hereto and made a part hereof as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby directed to execute same. s9ection 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this Z 6 t h day of A i 1 1994. ATTEST: Mayor- CommisArqffer City Clerk -Auditor APPROVED AS TO FORM & CORRECTNESS By:... 4 E '4� Frank C. Adler, City Attorney Resolution No. 64-94 f r AGREEMENT INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN: CITY OF HOLLYWOOD, FLORIDA, CITY OF FORT LAUDERDALE, FLORIDA, CITY OF DANIA, FLORIDA, AND BROWARD COUNTY, FLORIDA Thi AGREEMENT made and entered into this ( +e,,- day of 1994 , by and between the City of Hollywood, a municipal corpration of the State of Florida, hereinafter referred to as "Hollywood, " and the City of Fort Lauderdale, a municipal corporation of the State of Florida, hereinafter referred to as "Fort Lauderdale, " and the City of Dania, a municipal corporation of the State of Florida, hereinafter referred to as "Dania, " and Broward County, a political subdivision of the State of Florida, hereinafter referred to as "County. " W I T N E S E T H: WHEREAS, the Port Everglades District is a special district government created by special act of the Legislature, which has existed since 1927 and has acted as the Port Authority within Broward County since said time; and WHEREAS, since 1959 the Port Everglades Authority has acted as the government for the Port jurisdictional area as provided for in Chapter 89-427 of the Laws of the State of Florida; and WHEREAS, the Port jurisdictional area encompasses portions of the incorporated municipalities of Hollywood, Fort Lauderdale, and Dania within Broward County, Florida; and WHEREAS, Chapter 89-427, of the Laws of the State of Florida, provided that the powers of the Port Everglades Authority, when in conflict with the municipal powers within the Port jurisdictional area, would supersede said municipal powers in certain circumstances; and WHEREAS, the Legislature of the State of Florida passed Chapter 91-346 of the Laws of the State of Florida which transfers the Port Everglades District to the charter government of Broward County, Florida; and WHEREAS, Broward County interprets Chapter 91-346 of the Laws of the State of Florida to grant it, as the successor of the Port Everglades Authority, the full powers that the Port Everglades Authority had within the Port jurisdictional area; and WHEREAS, the cities of Hollywood, Fort Lauderdale, and Dania are assured that they have within the Port jurisdictional area the full powers of municipal home rule as provided for under Article L f r, T 7 I = VIII, Section 2 of the Florida Constitution, and Chapter 166 of the Florida Statutes; and WHEREAS, all parties believe it is of the utmost importance to the citizens of each municipality and of Broward County as a whole, to ensure the continued existence of Port Everglades as an asset for all the parties; and WHEREAS, Broward County wishes to provide services to the Port contractually pursuant to its power, as provided in Chapters 89-427 and 91-346 of the Laws of the State Of Florida, to the extent of this Agreement; and WHEREAS, the municipalities of Hollywood, Fort Lauderdale, and Dania wish to provide contractual services to the extent of this Agreement pursuant to, and in recognition of, their home Powers as provided in Article VIII, section 2 of the Florida rule Constitution and Chapter 166 of the Florida Statutes and their respective municipal charters; and WHEREAS, the parties hereto are desirous of entering into an Interlocal Agreement in order to address issues of concurrent jurisdiction and to eliminate any conflicts between the parties and for the parties to effectively and efficiently continue to provide municipal services to the Port Jurisdictional Area; and WHEREAS, the parties hereto recognize that the Authority, pursuant to Chapter 91-346, Laws Of Florida, is scheduled to be dissolved on November 22, 1994, and to have its governmental functions transferred to Broward County Government; and WHEREAS, each party acknowledges that the other may have a different interpretation as to the meaning and effect of Chapter 91-346, Laws of Florida, and that by execution of this agreement no rights of any party are waived except as may be specifically provided by this agreement, NOW, THEREFORE, IN CONSIDERATION of the promises and mutual covenants hereinafter contained, the parties hereto agree as follows: ARTICLE I: PURPOSE 1.1 The purpose of this Interlocal Agreement is to coordinate and designate the exercise of authority and responsibility of the respective parties regarding the providing of governmental services to properties in which the Cities and County share concurrent jurisdiction. It is the intent of the parties hereto that the exercise of concurrent jurisdiction within their respective areas Of control shall be governed by and interpreted to be consistent with the terms of this Agreement and are not intended to impair or limit any of the Cities, "home rule" powers pursuant to Chapter 166, Florida Statutes. -2- L f ■ r, ' r 7 r 1.2 Each party to this Agreement acknowledges that it believes it has certain rights, privileges, and powers pursuant to Chapter 91- 346, Laws of Florida. Accordingly, the execution of this Agreement by each party shall not be construed as a waiver of any rights which it believes it may have in accordance with law or equity, except that no party to this agreement shall initiate, support, intervene or otherwise prosecute any action or proceeding which is inconsistent with, or contrary to the terms and conditions of this agreement so long as this agreement remains in effect. ARTICLE II: DEFINITIONS For purposes of this Interlocal Agreement, the following terms shall have the meanings ascribed to therein: A. Areas of Concurrent Jurisdiction: That certain property lying within a municipal boundary and also lying within the Port Jurisdictional Area. B. Port Jurisdictional Area: That certain real property encompassing areas within the municipal boundaries of Hollywood, Fort Lauderdale, Dania, and unincorporated Broward County, which together comprises the seaport known as "Port Everglades" and which property and improvements the Port Everglades Authority has jurisdiction over pursuant to the Charter of Port Everglades, which property is more particularly described as the Port jurisdictional area in Chapter 89-427, Laws of Florida, as amended, or as subsequently amended by Legislative Act. D. Unincorporated Area: That certain property lying within the boundaries of unincorporated Broward County which is also located within the jurisdictional boundaries of the Port Jurisdictional Area. ARTICLE III: POWERS RESPONSIBILITIES AND OBLIGATIONS 3. 1 LAW ENFORCEMENT SERVICES In order to ensure the orderly, efficient, and lawful operation of Port Everglades, the County will be required to maintain continuous and uninterrupted law enforcement and security to safeguard the persons and property at Port Everglades. The parties to this Agreement recognize that the Cities and the County will each have certain responsibilities with regard to their obligations to provide and perform certain law enforcement services. It is the intent of the parties to establish by this Agreement the basic responsibilities of the parties as follows: 3. 1. 1 County, as successor to the Port Everglades Authority, intends to continue to contract with the Broward Sheriff's Office (BSO) for basic and primary law enforcement -3- L _! f emu" w E*' ih 1 I services in substantially the manner described in the contract between Port Everglades and Sheriff attached hereto at no cost to the Cities. The Cities consent to and acknowledge this arrangement and will use their best efforts to cooperate and work with BSO in a manner that will allow Bs0 to fully perform its contract with the Port. The parties further recognize and agree that nothing herein is intended to diminish or take away any law enforcement powers the Cities may have pursuant to law, and the parties agree that the cities of Hollywood, Fort Lauderdale, and Dania shall continue to have full police powers within their respective municipal jurisdictions. 3.1. 2 In the event County, as successor to the Port Everglades Authority, requires law enforcement personnel for a "Special Event, " (which is defined to mean a planned, scheduled or known event occurring within the Port Everglades Jurisdictional Area which requires increased law enforcement, traffic or security services) , the following protocol shall be observed; (i) The County shall require the sponsor of the Special Event to provide BSO or the City law enforcement agency, as the case may be, reasonable notice of the need for law enforcement personnel. The sponsor of the Special Event shall further be required to pay the law enforcement agency all reasonable costs for the services rendered in accordance with the established policy of that law enforcement agency. 3. 1. 3 In the event county requires law enforcement services for an "Emergency Event" (which is defined to mean a determination made by BSO or any other law enforcement agency having jurisdiction over a matter, of the occurrence of a civil disturbance, act of God, criminal matter, or any other urgent or emergency condition which threatens persons or property and which exceeds the capability of the primary law enforcement agency) , the Cities shall agree to use their best efforts to make their law enforcement agencies available to "back-up, " support, and cooperate with the primary law enforcement agency. 3.2 FIRE PROTECTION SERVICES Port Everglades Authority currently maintains a fire department within the Port Jurisdictional Area which includes specialized equipment and trained personnel to fight petroleum and vessel fires as well as combat pollutant spills and perform related fire inspections. The parties acknowledge that County, as successor to the Port Everglades Authority, shall, through the Port-based fire- fighting service, have primary incident command responsibility over -4- f • T r petroleum-based fires and Shipboard fires wherever located within the Port Jurisdictional Area. The Cities shall have primary incident command over structural-based fires and hazardous materials incidents (not to include petroleum-based incidents) located within the Port Jurisdictional Area within their City. The party responsible for having primary incident command of any particular situation shall consult with and allow the presence of the County or City, as the case may be, in the command center. The Cities may perform fire inspections within the Port Jurisdictional Area within their City and may charge reasonable fees in accordance with City ordinances for fire inspection services, except that the Cities shall not charge any fee for fire inspections made to any fuel or tank farm or any facility which has the potential of creating a severe petroleum-based fire. The County, as successor to the Port Everglades Authority, may perform fire inspections within the Port Jurisdictional Area and may charge reasonable fees, in accordance with law, only for fire inspections for fuel or tank farms or any facility which has the potential of creating a severe petroleum-based fire. It is the intent of this section to have the Cities assume the primary responsibility (and charge fees) for performing fire inspections for buildings and structures within their respective municipalities and for the Authority, have the County, as successor to the Port Everglades Auth Primary responsibility (and charge fees) for performing fire inspections to those facilities where risk of a petroleum-based fire is present (e.g. fuel and tank farms) . Nothing herein is intended to abrogate or be inconsistent with any existing or future mutual aid agreement executed among the parties relating to intergovernmental cooperation for assisting each other With fire protection services. The parties further agree to cooperate and communicate with each other to enhance the delivery of fire protection services and to schedule interdepartmental drills when necessary and to take their best efforts to maintain the current Port Everglades ISO rating. 3 .3 EMERGENCY MEDICAL SERVICES Authority currently provides housing for County EMS personnel at Port Everglades which is part of a zone which includes the Port Jurisdictional Area. The Port Everglades Authority, through its fire department, generally provides the first response to a request for EMS services within the Port Everglades Jurisdictional Area. County is responsible for providing basic EMS services and advanced life support EMS services within the Port Everglades Jurisdictional Area. Hollywood agrees that it shall continue to provide EMS service and continue to include within its EMS zone John U. Lloyd State Park. Nothing herein is intended to abrogate or be inconsistent with any present or future mutual aid agreement executed among the parties -5- r s Y r F I relating to intergovernmental cooperation for assisting each other with EMS. 3.4 WATER AND SEWER SERVICE (i) The parties hereto recognize that at present there is sewer service available within the Port Jurisdictional Area to the developed portions of property lying in the areas of concurrent jurisdiction, pursuant to that certain Large User Waste Water Agreement between Fort Lauderdale and the Port Everglades Authority, dated February 21, 1979, incorporated herein by reference. (ii) The parties hereto recognize that at present there is potable water service available within the developed areas of Port Everglades, pursuant to that certain Large User Agreement between the Port Everglades Authority and Fort Lauderdale, dated January 16, 1973, incorporated herein by reference. The parties hereto acknowledge that the sanitary sewer service and potable water service being provided by the City of Fort Lauderdale encompasses areas within the City of Hollywood's municipal limits within the Port Jurisdictional Area. During the term of this Agreement, the parties hereto agree to acknowledge and recognize the agreements described in Sections 3.4 (i) and (ii) as valid and recognition of the validity of these agreements. The lagreementslshalldin no way affect the City of Hollywood's right to provide such water and sewer services, pursuant to its home rule powers, in the future to those areas within the City of Hollywood's municipal boundaries upon the expiration or termination of the agreements referenced in Sections 3.4 (i) and (ii) above. For all new water and sewer services required within the City of Hollywood's municipal boundaries which are not included within the agreements referenced in Section 3 .4 (i) and (ii) above, or following the expiration or termination of said agreements, the City of Hollywood shall have the right of first refusal, to provide water and/or sewer services prior to the City of Fort Lauderdale providing same in accordance with the agreements above referenced. The City of Hollywood must exercise its right of first refusal no later than one year prior to the expiration or termination of the agreements referenced in Sections 3.4 (i) and (ii) above and there shall be no interruption or unavailability of service. Should the City of Hollywood exercise its right of first refusal, it must provide rates which are competitive with the cost of service if purchased from the City of Fort Lauderdale, and will be permitted to use the existing service lines, -6- r L r- t. ' r 7 under the same terms, as are currently being used by the City of Fort Lauderdale. 3 .5 MAINTENANCE SIGNAGE AND DREDGING (i) Maintenance of dedicated roadways located within the Port Everglades Jurisdictional Area shall be by Broward County. (ii) County, as successor to the Port Everglades Authority, shall continue to be responsible for street sweeping and shall coordinate street regulatory signage and striping throughout the Port Jurisdictional Area. County consents, as successor to the Port Everglades Authority, to the Cities posting welcome signs at Port Everglades within the limits of their municipal boundaries. Said signage will be placed at City,s expense, by City's design, and shall include County logos. Such signage shall be done in a uniform and coordinated manner. (iv) The parties hereto agree that County, as successor to the Port Everglades Authority, shall continue to have exclusive jurisdiction and provide, at its expense, maintenance and dredging of applicable portions of the Intracoastal Waterway and Port Everglades berthing facilities as well as apply in its own name for federal, state, and/or local grant monies to accomplish same. (v) County, as successor to the Port Everglades Authority, shall be responsible, as between the parties, for maintenance of all open storage areas and docks and berthing facilities located within all areas of the Port jurisdictional area. Further, the County, as successor to the Port Everglades Authority, shall be responsible, among the parties, for debris removal from the waterways and for railway crossing maintenance and repair. 3. 6 CODE ENFORCEMENT AND OCCUPATIONAL LICENSES (i) The respective Cities shall have primary responsibility for providing code enforcement services within the areas of concurrent jurisdiction. (ii) All occupational licenses required by a City or County for business located within its municipal or corporate limits shall be issued by such City or County upon proper applications being submitted and applicable license fees being paid. Hollywood, Fort Lauderdale, Dania, and the County have the right to enforce this requirement as well -7- L f r -r I I i as other municipal code requirements through their respective code enforcement departments. 3.7 ZONING AND BUILDING SERVICES I Planning and zoning services are currently provided at the Port, within the municipal boundaries, by the respective cities as vested in each city under Chapters 163 and 166 of the Florida Statutes and the respective cities, charters. ' However, the parties hereto agree that it is in their mutual best interest to provide for a uniform zoning code within the areas of concurrent jurisdiction. The parties therefore, by their execution of this Agreement, agree to be bound by the terms and conditions of the Port Everglades Development District, hereinafter referred to as the "P.E.D.D. , 11 for property lying within the Port Everglades Jurisdictional Area. The parties further agree that the P.E.D.D. shall remain in effect (unless amended by the unanimous consent of all parties to this Agreement) until such time as the parties hereto have agreed upon a revised zoning code for the entire Port Everglades Jurisdictional Area. The parties hereto acknowledge and recognize the need for a revised zoning code throughout the Port Jurisdictional Area. In recognition of the parties, mutual interest in and concern for a revised zoning code, the parties agree as follows: (i) County and Cities shall each direct their appropriate staff to meet together on an immediate and expedited basis for the purpose of creating and drafting a revised zoning code. It being the express intent of this agreement, and the parties, to generate a revised zoning code that is acceptable to all parties and thus capable of adoption in the identical form by each party hereto. Any future amendments to the zoning code would require the approval of all of the parties to this Agreement in order to be effective. During the interim period while P.E.D.D. zoning remains in effect and thereafter when the contemplated revised zoning code is enacted, each City or the County shall administer the application of applicable zoning code the for properties located within their respective jurisdictional boundaries. (ii) Hollywood, Fort Lauderdale, and Dania shall be the local government agency under Florida Statutes, Chapter 380, with jurisdiction to issue development orders for any Proposed DRI located within their respective municipal boundaries. And Broward County shall be deemed the local government agency under Florida Statutes, Chapter 380, in the unincorporated area. -8- L f r 7 (iii) The parties agree that all building permits and certificates of occupancy for construction within the municipal or corporate boundaries of Hollywood, Fort Lauderdale, Dania, or County shall be applied for, and issued by the respective governmental entity, and all fees for same shall be retained by such entity pursuant to its ordinances and regulations. (iv) The parties hereto recognize that construction within the Port Jurisdictional Area has a regional affect and recognize that time is of the essence as to the issuance of any permits, and therefore agree to process any building permit applications filed by the Port Everglades Authority and its successor Broward County on a priority basis. ARTICLE IV: FUTURE PROPERTY ACQUIRED BY COUNTY 4.1 In consideration of the mutual promises and benefits exchanged herein and to further resolve disputed issues and claims which have arisen as a result of Chapter 91-346, Laws of Florida, County agrees that; when fee title to real property which lies within a City which is a party to this Agreement is purchased or otherwise acquired by County after the effective date of this Agreement for inclusion within, or is contiguous to, the boundaries of Port Everglades for port-related activity, compensation shall be made to the applicable City on a yearly basis in accordance with this Agreement. The total amount of compensation due in any given year shall be based upon the then current assessed value of the real property, including the value of any improvements made to the property, if the real property or improvements result in the property generating significant revenues to County from other than traditional or necessary governmental sources and functions (such as collection and payment of fees and taxes authorized by law) . Under no event shall the maximum amount of the annual payment ever exceed an amount calculated by multiplying the applicable City's ad valorem millage rate in effect at the time of the acquisition by the then current assessed value of the real property, and if applicable, improvements thereon, as determined by the Broward County Property Appraiser. Compensation may be made in the form of cash, or if mutually agreed. upon by the parties by performing services, granting credits, or any other legally available means. Payment shall be made to the applicable City on an annual basis and within forty-five days of January 1 of each year. 4.2 The amount of compensation due shall be determined in accordance with this Article. Acquisition of property shall include, but not be limited to, acquiring fee title by any means, including any purchase, exchange, condemnation, or any other method of conveyance. The provisions of this Article shall apply to property located within the applicable City and within or contiguous to the Port Jurisdictional Area and real property which -9- L I r r is acquired for the use and benefit of Port Everglades. The obligation of the County to compensate any party to this Agreement in accordance with this Article shall only occur in those instances where the County acquires fee title to any property which is used to generate significant revenues to County from other than traditional or necessary governmental functions and sources (such as collection and payment of fees and taxes authorized by law) . In those instances where it is determined that the County is obligated to compensate the applicable City, compensation shall be due for the duration of this Agreement, or three years, whichever is greater. The valuation of the real property and, if applicable, any improvements shall be made annually and compensation shall be based upon the valuation of the property as maintained by the Broward County Property Appraiser. County will not raise any objection to city having standing to contest the assessed value of such property. County will not raise any objection to City having standing to contest the assessed value of such property. 4 .3 If the County acquires any real property, including any improvements thereon which are not used to generate significant revenues or are used for traditional and customary government uses (e.g. construction of governmental buildings or roadway improvements) , then in such event the County shall not be obligated or otherwise required to pay any money or otherwise compensate any party to this Agreement. 4 .4 If, at any time during the term of this Agreement, the use and value of any County real property, including improvements thereon, which is subject to the terms of this Article is changed, any party shall have the right to seek a judicial determination as to whether such change would affect any of the obligations of the parties pursuant to the terms of this Article. Any increase or decrease in the amount of compensation due as a result of a change shall be effective and prorated as of the date of the change. ARTICLE V: TERM OF AGREEMENT The parties hereto agree that this Agreement is in the interest of all parties, in order to assure continuity with regard to the matters herein addressed and is important in planning with regard to the provision of government services in Port Everglades. This Agreement shall be noncancelable, other than pursuant to section 6. 2 below, for a period of 30 years from its effective date and shall not be terminable by any party during said period. In the event of breach or default by any party to this Agreement, the parties retain the right to bring an action for damages and to obtain specific performance regarding the obligations contained in this Agreement. -10- 4- t f y� L l� F r '1 VI. MISCELLANEOUS 6. 1 NOTICE Any notice required hereunder shall be by first class mail, return receipt requested, and addressed to the party intended to receive same at the following addresses: COUNTY: County Administrator Office of the County Administrator Broward County Governmental Center 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 HOLLYWOOD: City Manager City of Hollywood Post Office Box 229045 Hollywood, Florida 33022-9045 WITH COPY TO: City Attorney City of Hollywood Post Office Box 229045 Hollywood, Florida 33022-9045 FORT LAUDERDALE: City Manager City of Fort Lauderdale Post Office Drawer 14250 Fort Lauderdale, Florida 33302 DANIA: City Manager City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 6.2 SEVERABILITY In the event any term or provision of this Agreement shall be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed or deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. Notwithstanding the above, however, if Article IV of this agreement is determined by the appropriate final judicial authority to be illegal or otherwise invalid, the parties shall immediately mutually agree upon substitute language to provide as nearly as is legally possible identical terms and conditions. The parties acknowledge and agree that this agreement is a valid and binding contract enforceable in accordance with its terms, and that no party shall institute any suit or action which challenges the validity of this agreement or any of the terms contained herein. -11- l- f ti r 7 6.3 PRESERVATION OF MUNICIPAL BOUNDARIES AND AD VALOREM TAXES Nothing herein shall be construed to authorize, nor shall the County seek, or support, the constriction of any municipal boundary within the Port jurisdictional area or the restriction of the authority of a municipality to levy ad valorem taxes. 6.4 LEGAL REOUIREMENTS The parties hereto agree that all legal requirements pertaining to the execution of this Agreement have been undertaken, and each party agrees to exchange with the other, copies of the official records of its governing body evidencing the authorized execution of this Agreement. This Agreement shall be filed in the official records of the County Clerk as required under Chapter 163, Florida Statutes. Except as herein provided, this Agreement shall be governed by and construed in accordance with Florida law and supersedes all other prior oral and/or written agreements between the parties. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. The effective date of this Agreement shall be the date on which the first of the parties to this Agreement shall have executed same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS BY Coun Admi istr t and Ex- Chair Officio Clerk of the Board of County Commissioners of Broward day of 192Z County, Florida Approved as to fcom MGC ' office of County Attorney • ,..,,,• S� s for Broward County, Florida ••.•�� ;��. JOHN J. COPELAN, JR. , County Attorney J F z Governmental Center, Suite 423 j 0 CREATED N 115 South Andrews Avenue U ; OCT. IST ; Fort Lauderdale, Florida 33301 'm 1915 '7: 4 Telephone: (305) 357-7600 Telec pier (305) 357-7641 ....... BY NOEL M. PFEFFER Deputy County Attorney -12- f R r, 7 INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN: CITY OF HOLLYWOOD, FLORIDA, CITY OF FORT LAUDERDALE, FLORIDA, CITY OF DANIA, FLORIDA, AND BROWARD COUNTY, FLORIDA CITY OF DANIA ATTEST) By Clerk M or By ty-anager City Manager (SEAL) day of ( I�Wr - , 1994. Approved as to form: City Attorney CITY OF FORT ;kUkDALE,T: ByClerkB City Manager (SEAL) - Ak day of 1994. Appro ed as to form: ct;;t City A torne -13- L .s zJ 4Y. t, 7 r INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163 , FLORIDA STATUTES, BETWEEN: CITY OF HOLLYWOOD, FLORIDA, CITY OF FORT LAUDERDALE, FLORIDA, CITY OF DANIA, FLORIDA, AND BROWARD COUNTY, FLORIDA CITY OF HOLLYWOOD ATTES : Clerk By Mayor By City ana e (SEAL) ""�� _ day of /1G � �, 1994. 70vra o form: City Attorney FINAL.4/27 -14- f L r, ' r 7 Mr. Hamilton presented the City of Dania with the 1993 Tree City USA Award and Flag representing Dania's outstanding contributions to environment education and beautification with the City's tree planting program. *Program of Excellence Award for Dania Elementary School. Ms. Tomanello, Dania Elementary School, introduced students who were given an opportunity to present their comments encouraging the protection of the environment. *Broward County Soil & Water Conservation Board to present the City with the "Goodyear Award". Thadius Hamilton, District Conservationist for the Broward County Soil&Water Conservation District, advised that the "Goodyear Award" is being presented to the City of Dania for their outstanding coastal erosion program. He advised that Dania Elementary School students assisted the City in receiving the award for their plantings of coastal grass and plants on Dania Beach. Mr. Hamilton mentioned that the award wasn't ready for presentation tonight and that he would provide the award to Dania at a later date. *Broward Elementary Music Teachers Association award Ms. Kathleen Pendas, Collins Elementary,presented Commissioner Jones with the `Broward Elementary Music Teachers Association Award" for being Master of Ceremonies at the "Music in Our Schools"program that took place at the War Memorial Auditorium on March 23, 1994. Commissioner Jones expressed his appreciation for being presented the award. PULLED FROM THE CONSENT AGENDA Vice Mayor Mikes pulled items 1.5 and i.I I and City Manager Flatley requested item 1.4. I. CONSENT AGENDA A motion was made by Vice Mayor Grace, seconded by Commissioner Hyde to approve the Consent Agenda with the exception of items 1.4, 1.5 and 1.11. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Hyde-yes Commissioner Jones -yes Vice Mayor Grace-yes Mayor Mikes-yes 1.4 City Manager Flatley advised that the cities voted in 1990 to have the County take over Port Everglades and that the Interlocal Agreement between Fort Lauderdale, Hollywood REGULAR MEETING 2 APRIL 26, 1994 i- f w r and Dania is being presented tonight. He recommended to amend 3.1.1 by adding "at no cost to the Cities" after hereto in the paragraph. City Attorney Adler stated that the Agreement is in order and that the City will continue with the same jurisdictional rights and that the amendment is just for clarification purposes. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to amend the agreement in item 3.1.1 first sentence after the wording hereto by adding "at no cost to the Cities". The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Hyde-yes Commissioner Jones-yes Vice Mayor Grace-yes Mayor Mikes -yes A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to adopt the resolution approving the Interlocal Agreement as amended with Hollywood, Fort Lauderdale, Dania and Broward County as it relates to jurisdictional matters at Port Everglades. The motion passed on the following roll call vote: Commissioner Bertino -yes Commissioner Hyde-yes Commissioner Jones-yes Vice Mayor Grace-yes Mayor Mikes-yes 1.5 Vice Mayor Grace asked the Recreation Department to explain the safety aspects of the playground equipment being purchased under competitive bid No. 94-B-06 of Volusia County, Florida. Tim Tapp, Recreation Director, advised that Kristen Jones,Recreation Coordinator, conducted an in-depth study on a variety of playground equipment manufacturers and people who use playground equipment in order for her to recommend Gametime. Kristen Jones explained that Gametime was chosen because their equipment has no exposed hardware, the materials are recyclable, the special pin design deters dismantling, no clamp system on the equipment, warranty and insurance package, and the color and variety selection. She stated that park representatives and community members were involved in selecting Gametime out of six companies. Mike Rozos, Sales Representative for Hunt&Epshield Co, which represents Quality Industry Playgrounds, requested an opportunity to submit a bid for the purchase of the playground equipment based on the fact that Quality Industry is on the Volusia County contract. Mr. REGULAR MEETING 3 APRIL 26, 1994 L ..r f L R r, f 7 7 Florida Douse of Representatives Steven A.Geller Deputy Majority Leader Committees Representative, 101st District May 25, 1994 Finance&Taxation,Vice Chairmen In Suite 004 Reyd�y to: Property&Casualty Insurance,Chairman W' Rules&Calendar 1250 n le,FL 30 Beech Blvd. Regulated Industries Hallandale,FL 33009 Aging&Human Services (305)454-0404 Community Affairs ❑ 801 The Capitol Tallahassee,FL 32399-1300 (904)488-0145 Mr. Robert Flatley, City Manager Dania City Hall 100 West Danie Beach Boulevard Dania, FL 33004 Dear Mr. Flatley: As a result of the signed interlocal agreement as per Your reques have con ac veto HH 2179. He has informed me that hes an s ed will accede him to request. my If you have any questions regarding this matter please do not hesitate to contact me. Sincerely, )EVE A., GELLER �—K' Representative 101st District SAG:cjw gA cc: Mr. Sam Finz, Hollywood City Manager C, Je X!/ anbury Mr. B. JackMr. GeorgeHOsterholtorBrowardrCountylAdminisger v, L ' r Y tF 7 SYLVIA POITIER,CHAIR,93-94 BROWAR�® Board of County Commissioners (305)357-7002 • FAX(305)357-7295 May 3, 1994 The Honorable Lawton chiles Governor, The State of Florida Executive Office of the Governor PL 5 The Capitol Tallahassee, Florida 32399 Dear Governor Chiles: We the undersigned respectfully request that you veto HB 2179, an act relating to Broward County, the Port Everglades Authority, and the Cities of Hollywood, Fort Lauderdale, and Dania. More specifically, HB 2179 embodies the terms of a proposed interlocal agreement between the County and the Cities. After many months of meetings and negotiations we have recently reached and signed an interlocal agreement as evidenced by the enclosed document. On the basis of this signed interlocal agreement we now respectfully request that you veto HB 2179 and permit us to be governed by the terms we have mutually agreed to in the enclosed interlocal agreement. Thanking you in advance for your time and consideration, we remain, sincerely yours, i zk xl-� / lvia Poitier Robert Mikes Chai ward County Commission Mayor, The City of Dania t Jim Na le Mara Giulianti Mayor, The City of Fort Lauderdale Mayor, The City of Hollywood encl. cc Representative Steve Geller Chairman, Broward Legislative Delegation B. Jack Osterholt Robert Flatley George Hanbury Il Samuel Finz James O'Brien PROWARDCOUNIVGOVtRNMFNTAL CENTER ■ 115SOUTHANDREWSAVENUE ■ FORT LAUDERDALE.FLORIDA 33301 1- f a R r 7 I r FPR-2�- g1 FRS 1Z,,3 ID: TEL tc: InbasveswnnMM et A falre*thee 116 3.Ii1tkm MenV%Room" mutm W t ardstdata,FL33301 303)367-7676 DAW April 29, 1994 To: Mr. Robert Flatley City Manager, The City of Duda Fax: 921-2604 Flom: Isabel Cosio, Legidative Lialion Re: •Browatd County Cournission CMmt Agenda Item 33 far May 3, 1994 (Ausohed•FYI) •Proposed letter roquosting the Govemors veto of HB 2179(Attached - FYQ •Signing of the Port IntmioW Agreement •Verson Finel.4127 Fapec 4 including this one. co: Hugade Suter Steve Almuder Nod Pfaff6r David Sigerwa I would Itko to set up a time today to visit your office either Head Tuesday akoreoon or any time Wednesday for the purpose of bringing you the oopies of the interlocai gm=crrt for your signature. You should have received a copy of the intorlocal egrecment Version FmOW27 by enpeou ma on Thursday of this week. This is the interiocal agroemeot I will be bringing to you for your signature. Plem find herewith a copy of our proposal lector to Governor t3ilea requesting his veto of HB 2179. Following your favorable review this law will be proparod and brought to you for Your 6P4Wre. Please feel fieo to Contact me should you feel the the tamer to the Governor needs to be changed in any way. Please have your office telephone me aIO 7�6�08 - order to eat up a fittu far ttry visit next wodc As you know) the intaloeal igroaneat roquurs the signatures of the Mqw. City !,r Mmeger, City Attorney, and the City Gads i v .1 I am preparing two original sepias of the itrMrlocal agreement for each city and the Cowry. if you need additional original oopies please let me know as soon as possible. Thank you in advance for your assiamm I look tbrward to seeing you next week. teolrND MUM WAN Of eoCMv oawwwrM•Mtold OppoAUl,Yy ango we.rhoNMrartwb. 5001.cO SIIW1b l4 J"P.' ldl/bnpP MNO Pdl4f JOME�1tl,e,nA GeiaklF IhCI,IPIM aY1s a4peyA/NInM Ibvrlwd.AnI rN a1plMt PPR-29-1994 12:41 P.©1 L .. f d 7 1 i p'R-ll-'91 I R1 12:.1J ID: ILL I41: 11n tiv MEETING DATE AGENDA REPORT F.GENDA ITEte• S�$-g ro Y THE eROWARO COUNTY BOARD OF COUNTY COMMISSIONERS FlUcUly,11d, ACtion A 711 Af Fort . bftflocal Agreement armag 6roward Coony, dy of City of Fort Iauderdale,and City of Dania relating to Pon Everglades. Summery Ext twetlon and S/ekground At the Cammfadon mating of Mang 29. 1994,Agenda Item t80. 65. the Commission appmued the Intedoal Agreement referenced above. Since that time the gdet of Hollywood,Fort I.attderdale,and Dania ban also each approved the faterloal Agreement. 7be final draft AURCIIod to this Item is Identical to the version approved by the Commitslon previotcly except for the addition of the pfuue'at no coat to the G at the end of the first tantence of Section 3.1.1. 7bk phrase was added at the reWet of the Qty of Fort Lauderdale to make dear that the Pon/Cottmy is responsible for the om of the SberWs law eafomment servlas. 116 war aiways the intent of the parties and the addIdonal pbram added by the City of Fort Iauderdale does not alter the original meaning of the Agrearneot. Slane each of the ride elrewted the earlier draft.the purpose of this agenda Item is simply to mafotm the agreement to the final draft which WID be droulated for execution among the patties. Rsoarnm clsd By: 8tev Alaaaadsr �--" AaeLau t a Couaky Administrator —`�- Soures of Addldonm Information; _peel H. tsM 7d7-1600 Cawt Atto a p— Ext11bIU Atsd for Soerd hoM Interloeal Agreement Decvmema far Mkwtw Only Soard Attlon lor Mlnuter Only Proodty printed on flacycbd Paper G . APR-29-1994 12:42 r H.©2 L "PR-2q-'94 FR[ 12:44 ID: TEL NO: 0054 P03 a 30. t 4b Anann.,s travel 1i1 m`�t"or business travel and trips on the Administrative county employees in accordance proved Order 105. with 31. Parcel 116-8 sa 1�"so01 of tO the authorize inteY'natlonal Airport Land Lauds Condemnation cp with the Kanter le-Roli Plan Q '�CQ°ieiti°n program, in accordance J2 plate and Pert 150 studies, P�Tals a- ��o� Resolution to of 1220.R, 122 .RR• 1222.R2, 11241'tR,�authorize condemnation 1214.�R,, 1218.R, 1330.R , 1353.R, 1362.R tilts !°M Lauderdale0R0liywoad • and 1368 R as78•R•oned 1]09.R, �A partiisa Program, in accord nc uiLh the rast of er p� LWW Upde g Studies. 7� 33. sit Hollywood nterloaal agreement ay�n 8 relating to Pont 11"r4ladse o Lauderdale, ens citrd county, 34 A Y or Dnnia end develaperPs agreement between 9roaard Coup Providing Clubs of oroward County, a Florida Pro ding for utility instailetions by the mated installation cost °! developer at jj� County, to furnish water 621,442.5o at no most to OCO" Pr'ajeot 8975and Ee the Chair andtC Clerk to lawn Irrigation execute same. 35. �TO ApPR°L XMIAMMMM Or ward Chun-t"` *WIntmant of Alex P. Rosenthal to the ePi�lntment will tei�il an °= Mr. Roeehthalos Adjustment, 36. existing vaoancy, (Comm. Hart) AdvPosition n x�keJarrretttt to the Perks and Racreatian on this board. (Comm. Cowan) is the in-District 37. 8 —APMZ& Dr* Pr Will fill county vcant an Wilderness Advisory ory Board serve on the position on the board. . dstrotti (Comm. Rodetroa) V.c. 05/03/94 " 6 RFR-29-1994 12:43 P.03 L f L .� el 7 F ' 1 / Intergovernmental Affairs office 115 S.Andrews Avenue,Room 406 BROWARD COUNTY Fort Lauderdale,FL 33301 357 7575 April 22, 1994 Mr. Robert F. Flatley City Manager The City of Dania 100 West Beach Boulevard Dania, Florida 33004 Dear Mr. Flatley: RE: Revised Port Interlocal Agreement - Version PORTIN3 / 4-22-94 Enclosed please find a revised copy of the proposed Port Interlocal Agreement between Broward County and the Cities of Hollywood, Fort Lauderdale, and Dania. Please note that this version is identical to the Version PORTIN2.FIN which was recently adopted by the City of Fort Lauderdale, except for one clarifying amendment. Fort Lauderdale amended PORTIN2.FIN at its April 19, 1994 commission meeting by inserting in subsection 3.1.1, which addressee the County's contract with the Broward Sheriff's Office, on page 4, line 2, after the word "hereto" the phrase "at no cost to the City." In keeping with the City of Fort Lauderdale's intent we have revised PORTIN2.FIN by inserting Fort Lauderdale's clarifying amendment with one technical change. We have inserted on page 4, line 2, after the word "hereto" the phrase "at no coat to the Cities" as opposed to "City. Thanking you in advance for your time and consideration of this revised Port Interlocal Agreement, I remain, Sincerely yours, Isabel Cosio Legislative Liaison encl. cc Eugenie Suter Steve Alexander Noel Pfeffer David Sigerson BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS•An Equal Opportunity Employer and Provider of Senkes Scott I,Cowan Suzonne N.Gunzburger John P.Han Lod Nance ParM1th SNNa Pdtler John E.Radshom.Jr. Gerold F.Thompson We're Building A Future For Your Femlty,And Your Business, r. 7 CITY OF DANIA INTER-OFFICE MEMORANDUM TO: Dania City Commission FROM: Robert Flatley, City Managh RE: Port Everglades Legislation DATE: April 22, 1994 The Port"Business Bill" (SB 3148) passed the Legislature last week. The attached Interlocal Agreement between Fort Lauderdale, Hollywood, Dania and Broward County has been signed by all parties excepting Dania, which request is before you at this time. The intent of this document is to maintain the status quo business-as-usual despite the transfer of governance of Port Everglades to Broward County this Fall. Voters in 1990 stripped the seaport of its political independence and made it a County agency. nd a e� h ' r . n•I\'Gl� Jy 111 VJ.`.� .V.\.1. i.'..W\ .VVu_ LL 1\V•.w... u� uVu• / MEMORANDUM NO. 94-576 To, Mayor Jim Naugle Vice Mayor John S. Aurelius Coa=isaioner Cary Reno Commissioner Carlton B. Moore Commissioner Jack Latona FROM: George L. ganhuxy/City Manager DATE: April la, 1994 ^' SUBJECT- Port Everglades Interlocal Agreement County Administrator Jack Osterhalt and I have further diO=ssed the Interlocal Agreement and have a language change to greed to a minor LAW ENFORCEMENT SERVICES 3.1.1 (page 3). The change is noted in bold type as follows: 3.1.1 County, as successor to the port Everglades Authority, intends to continue to contract with the lnvwec lorceement,eervicceess in substantially thepm�sr• described in the contract between Po Sheriff attached hereto at no coat Port ?lades and We recommend your approval with the addition of Lthis Sch e, �g PJW/GW^d Attachaant Mand��MGM 7d71 eadgw► �7 /- S79ei+ APR-21-1994 09:49 CITY MF*FGER FF.ID F . .. .... _._ . _. P.01 .f L � ' r 7 . .,. ..•..... . .... Pt1.5 POI XENORANWM NO. 94-564 M • i . AATZ: April 14, 1994 TO: Mayor Jim Naugle vice Mayor John E. Aurelius Commissioner Ca Keno Commissioner Carton B. Moore Commissioner Jack Latona r1 FROM: George L. Ranbury, City Managerq��,� y0 ' SUBJECT: April 19, 1994 Agenda - Port Transition- We have kept you briefed on the status or the part Transition issue over the last six months. Since our last update on February 1, 1994, the attachad compromise Interlocal Agreement was negotiated. While this Compromise bill does not deal with the maintenance of taxable status or real property improvements for Port tenants it is thought to be the best workable solution. The City of Hoilywood approved this agreement at their April 6th Commiss ton .meeting. we are recommending your approval. PJN/OL$/md Attachment 94-564port �`6rend fez tranmNmti RNrtp 7m1 �wp.e.e���-�' 7 i RPR-15-1994 15:47 CITY hGL47GM FT.LDLE P.01 l .. l 1�-- r _1 r :p- ££:4T 6661-90-&fd I CRY Managers Me CRY of Hollywood ,yr wo° P.O. Box 229045 0� �° °f HWNVMod, Flotlda 33022-9045 Phone: 305-921-3201 a`"101p Fax No: 305-921-3314 I,�COR� �9ti, FAX TRANSM[TTAL April 6, 1994 Robert Flatley City Manager City of Dante Dania, FL Bob: For your information, I am attaching the Interiocal Agreement that was unanimously approved at today's Cily Commission meeting. Samuel A. Ftnz Attadunents: 14 l �Avct�<,tdAIE wt// rov# dl A4 A+-1 dr /fN.w sd�tN cif g'Rte ro ear f w1• // 6 AttNlrF— �lL/9 y f a i�- 7 AGREEMENT ®RAFT . INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN: CITY OF HOLLYWOOD, FLORIDA, CITY OF FORT LAUDERDALE, FLORIDA, CITY OF DANIA, FLORIDA, AND BROWARD COUNTY, FLORIDA a This AGREEMENT made and entered into this day of , 1994, by and between the City of Hollywood, a municipal corporation of the State of Florida, hereinafter referred to as "Hollywood," and the City of Fort Lauderdale, a municipal corporation of the State of Florida, hereinafter referred to as "Fort Lauderdale, " and the City of Dania, a municipal corporation of the State of Florida, hereinafter referred to as "Dania," and Broward County, a political subdivision of the State of Florida, hereinafter referred to as "County." W I T N E S E T H- WHEREAS, the Port Everglades District is a special district government created by special act of the Legislature, which has existed since 1927 and has acted as the Port Authority within Broward County since said time; and WHEREAS, since 1959 the Port Everglades Authority has acted as the government for the Port jurisdictional area as provided for in Chapter 89-427 of the Laws of the State of Florida; and WHEREAS, the Port jurisdictional area encompasses portions of the incorporated municipalities of Hollywood, Fort Lauderdale, and Dania within Broward County, Florida; and WHEREAS, Chapter 89-427, of the Laws of the State of Florida, provided that the powers of the Port Everglades Authority, when in conflict with the municipal powers within the Port jurisdictional area, would supersede said municipal powers in certain circumstances; and WHEREAS, the Legislature of the State of Florida passed Chapter 91-346 of the Laws of the State of Florida which transfers the Port Everglades District to the charter government of Broward County, Florida; and WHEREAS, Broward County interprets Chapter 91-346 of the'Laws of the State of Florida to grant it, as the successor of the Port Everglades Authority, the full powers that the Port Everglades Authority had within the Port jurisdictional area; and WHEREAS, the cities of Hollywood, Fort Lauderdale, and Dania are assured that they have within the Port jurisdictional area the full powers of municipal home rule as provided for under Article t- t ' r 7 1.2 Each party to this Agreement acknowledges that it beliaves it has certain rights, privileges, and powers pursuant to Chapter 11- 346, Laws of Florida. Accordingly, the execution of this Agreement by each party shall not be construed as a waiver of any rights which it believes it may have in accordance with law or equity, except that no party to this agreement shall initiate, support,intervene or otherwise prosecute any action or procesdinq which is inconsistent with, or contrary to the terms and Conditions of this agreement so long as this agreement remains in effect. !CLIP • • D FINIT ONs For purposes of this Interlocal Agreement, the following terms shall have the Meanings ascribed to therein: A. Area of Concurrent Jurisdi ion: That certain property lying within a municipal boundary and also lying within the port Jurisdictional Area. B. port Jurisdictional Area: That certain real property encompassing areas within the municipal boundaries of Hollywood, Fort Lauderdale, Dania, and unincorporated Eraward County, which together comprises the seaport known as spo rt- Evergladasp and which property and improvements the port Everglades Authority has Jurisdiction over pursuant to the Charter of port Everglades, which property is more particularly described as the Port jurisdictional area in Chapter 89-427, Laws of Florida, as amended, or as subsequently amended by Legislative Act. D. Sfiincoroorated Areas That certain property lyingWithin the boundarias of unincorporated Broward County whch is also located within the Jurisdictional boundaries of the port Jurisdictional Area. ARTICLE iI2: POWERS. REcn214611MITj£H AND OR &ATI ••_ 3.1 &AV ENFORc=2aT gUy7cZS In order to ensure the orderly, efficient, and lawful operation of Port Everglades, the County will be required to maintain continuous and uninterrupted law enforcement and security to safeguard the persons and property at Port Everglades. The parties to this Agreemant recognize that the Cities and the county will each have certain responsibilities with regard to their obligations to provide and perform certain Iasi enforcement services. It is the intent of the parties to establish by this Agreement the basic responsibilities of the parties as follows: 3.1.1 county, as successor to the port Everglades Authority, intends to continue to contract with the 8roward Sheriff's Office (BSO) for basic and primary law enforcement -7- APR-21-1994 09:So CITY MANAGER FT.LDLE .. . .. .. .. . .P... 0 `.-. 02 L . f r. r 7 t e petroleum-based fires and shipboard fires wherever located within the Port Jurisdictional Area. The Cities shall have primary incident command over structural-based fires and hazardous materials incidents (not to include petroleum-based incidents) located within the Port Jurisdictional Area within their City. The party responsible for having primary incident command of any particular situation shall consult with and allow the presence of the County or City, as the case may be, in the command center. The Cities may perform fire inspections within the Port Jurisdictional Area within their City and may charge reasonable fees in accordance with City ordinances for fire inspection services, except that the Cities shall not charge any fee for fire inspections made to any fuel or tank farm or any facility which has the potential of creating a severe petroleum-based fire. The County, as successor to the Port Everglades Authority, may perform fire inspections within the Port Jurisdictional Area and may charge reasonable fees, in accordance with law, only for fire inspections for fuel or tank farms or any facility which has the potential of creating a severe petroleum-based fire. It is the intent of this section to have the Cities assume the primary responsibility (and charge fees) for performing fire inspections for buildings and structures within their respective municipalities and for the County, as successor to the Port Everglades Authority, to have the primary responsibility (and charge fees) for performing fire inspections to those facilities where risk of a petroleum-based fire is present (e.g. fuel and tank farms) . Nothing herein is intended to abrogate or be inconsistent with any existing or future mutual aid agreement executed among the parties relating to intergovernmental cooperation for assisting each other with fire protection services. The parties further agree to cooperate and communicate with each other to enhance the delivery of fire protection services and to schedule interdepartmental drills when necessary and to take their best efforts to maintain the current Port Everglades ISO rating. 3.3 EMERGENCY MEDICAL SERVICES Authority currently provides housing for County EMS personnel at Port Everglades which is part of a zone which includes the Port Jurisdictional Area. The Port Everglades Authority, through its fire department, generally provides the first response to a request for EMS services within the Port Everglades Jurisdictional Area. County is responsible for providing basic EMS services and advanced life support EMS services within the Port Everglades Jurisdictional Area. Hollywood agrees that it shall continue to provide EMS service and continue to include within its EMS zone John U. Lloyd State Park. Nothing herein is intended to abrogate or be inconsistent with any present or future mutual aid agreement executed among the parties -5- f F, ' r 7 1 under the same terms, as are currently being used by the City of Fort Lauderdale. 3.5 MAINTENANCE, SIGNAGE, AND DREDGING (i) Maintenance of dedicated roadways located within the Port Everglades Jurisdictional Area shall be by Broward County. County, as successor to the Port Everglades Authority, shall continue to be responsible for street sweeping and shall coordinate street regulatory signage and striping throughout the Port Jurisdictional Area. (iii) County consents, as successor to the Port Everglades Authority, to the Cities posting welcome- signs at Port Everglades within the limits of their municipal boundaries. Said signage will be placed at City's expense, by City's design, and shall include County logos. Such signage shall be done in a uniform and coordinated manner. (iv) The parties hereto agree that County, as successor to the Port Everglades Authority, shall continue to have exclusive jurisdiction and provide, at its expense, maintenance and dredging of applicable portions of the Intracoastal Waterway and Port Everglades berthing facilities as well as apply in its own name for federal, state, and/or local grant monies to accomplish same. (v) County, as successor to the Port Everglades Authority, shall be responsible, as between the parties, for maintenance of all open storage areas and docks and berthing facilities located within all areas of the Port jurisdictional area. Further, the County, as successor to the Port Everglades Authority, shall be responsible, among the parties, for debris removal from the waterways and for railway crossing maintenance and repair. 3.6 CODE ENFORCEMENT AND OCCUPATIONAL LICENSES (i) The respective Cities shall have primary responsibility for providing code enforcement services within the areas of concurrent jurisdiction. (ii) All occupational licenses required by a City or County for business located within its municipal or corporate limits shall be issued by such City or County upon proper applications being submitted and applicable license fees being paid. Hollywood, Fort Lauderdale, Dania, and the County have the right to enforce this requirement as well -7- L .. J r 7 J The parties agree that all building permits and certificates of occupancy for construction within the municipal or corporate boundaries of Hollywood, Fort Lauderdale, Dania, or County shall be applied for, and issued by the respective governmental entity, and all fees for same shall be retained by such entity pursuant to its ordinances and regulations. (iv) The parties hereto recognize that construction within the Port Jurisdictional Area has a regional affect and recognize that time is of the essence as to the issuance of any permits, and therefore agree to process any building permit applications filed by the Port Everglades Authority and its successor Broward County on a priority basis. ARTICLE IV: FUTURE PROPERTY ACOUIRED BY COUNTY 4.1 In consideration of the mutual promises and benefits exchanged herein and to further resolve disputed issues and claims which have arisen as a result of Chapter 91-346, Laws of Florida, County agrees that; when fee title to real property which lies within a City which is a party to this Agreement is purchased or otherwise acquired by County after the effective date of this Agreement for inclusion within, or is contiguous to, the boundaries of Port Everglades for port-related activity, compensation shall be made to the applicable City on a yearly basis in accordance with this Agreement. The total amount of compensation due in any given year shall be based upon the then current assessed value of the real property, including the value of any improvements made to the property, if the real property or improvements result in the property generating significant revenues to County from other than traditional or necessary governmental sources and functions (such as collection and payment of fees and taxes authorized by law) . Under no event shall the maximum amount of the annual payment ever exceed an amount calculated by multiplying the applicable City's ad valorem millage rate in effect at the time of the acquisition by the then current assessed value of the real property, and if applicable, improvements thereon, as determined by the Broward County Property Appraiser. Compensation may be made in the form of cash, or if mutually agreed upon by the parties by performing services, granting credits, or any other legally available means. Payment shall be made to the applicable City on an annual basis and within forty-five days of January 1 of each year. 4.2 The amount of compensation due shall be determined in accordance with this Article. Acquisition of property shall include, but not be limited to, acquiring fee title by any means, including any purchase, exchange, condemnation, or any other method of conveyance. The provisions of this Article shall apply to property located within the applicable City and within or contiguous to the Port Jurisdictional Area and real property which -9- t 7 l ' VI. MISCELLANEOUS 6.1 NOTICE Any notice required hereunder shall be by first class mail, return receipt requested, and addressed to the party intended to receive same at the following addresses: COUNTY: County Administrator Office of the County Administrator Broward County Governmental Center 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 HOLLYWOOD: City Manager City of Hollywood Post Office Box 229045 Hollywood, Florida 33022-9045 WITH COPY TO: City Attorney City of Hollywood Post Office Box 229045 Hollywood, Florida 33022-9045 t: FORT LAUDERDALE: City Manager City of Fort Lauderdale Post Office Drawer 14250 Fort Lauderdale, Florida 33302 DANIA: City Manager City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 6.2 SEVERABILITY [try.•:. In the event any term or provision of this Agreement shall^be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed or deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. Notwithstanding the above, however, if Article IV of this agreement is determined by the appropriate final judicial authority to be illegal or otherwise invalid, the parties shall immediately mutually agree upon substitute language to provide as nearly as is legally possible identical terms and conditions. The parties acknowledge and agree that this agreement is a valid and binding contract enforceable in accordance with its terms, and that no party shall institute any suit or action which challenges the validity of this agreement or any of the terms contained herein. -11- L. ..r f R r, r 7 INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN: CITY OF HOLLYWOOD, FLORIDA, CITY OF FORT LAUDERDALE, FLORIDA, CITY OF DANIA, FLORIDA, AND BROWARD COUNTY, FLORIDA CITY OF DANIA ATTEST: By Clerk Mayor By City Manager (SEAL) day of , 1994. Approved as to form: City Attorney CITY OF FORT LAUDERDALE ATTEST: By Clerk Mayor By City Manager (SEAL) day of , 1994. Approved as to form: City Attorney -13- L .. f R r, ' r 7 F� •,� yi ah ta+dt t 1.5 RZ-45-86 - Rezoning Request to change from RD-6000 (Duplex) to C-2 (Commercial ); Petitioner/Owner. ivory MCC,tcheon; property ,r'I located at 708 NN Ist St, (0.20. acres). S j The title of an ordinance rezoning Lot I together with the N 1/2 Of Lot 2 of 'Saratoga' from RD. to C-2 zoning classification was read for first reading by City Attorney Adler. e 1.6 RZ-17_86 - Rezoning Request to change tram RD-6000 (Duplex) to C-2 (Commercial); Petitioner/Owner: lvo ry XCCU tcheon; erty located at the corner of NH 8th Ave. d NN 1st St. (0.25ao acres). t i The title of an ordinance rezoning Lots 22 d 23, Block 30 of'The Town of Mo,aio- from RD-6000 to C- was read for first reading by City Attars zonidting e classification I( 1.7 RZ-51-86 - Rezoning Request to change from IRO (Industrial Research fPet itloner/Owner:LJohn OBond; property a located eat pTaylorl Rd.des evloment Exte � �1(12.6+ acres). The title of an ordinance rezoning a Portion of Section 23, Township 50 South, Range 42 East and a Dortion of Section 26, ' !!i Township 50 South, Range 42 East from IRO to PEDO zoning 1 classffoc att on was read for first reading by City Attorney i Adler, I Administrative Ordinances (First Reading) , � � t 1 1.8 The title of an ordinance amending Section 10.33 of Chapter 28 ! of the 1980 Code of Ordinances providing for the method of appeal from decisions of the Cl ty Commission on petitions for ( zoning ordinances was read for first reading by Mayor Bertlno. A motion x'as made by Commissioner Hirsch, seconded by Commi stoner 1 I Xc Elyea to approve the consent agenda. The mo tlon passed on the i i following roll cell vote: Commissioner Cook-yes ` Commissioner !''irsch-yes ylce Mayor Byrd-yes ; Commissioner McElyea-yes Mayor Bert no-yes i i 2. PRESENTATIONS - none 3. BIDS 7 3.1 Receipt of h.ds for the 0em ucktng of Two (2) Pads, approximately 1900 sq. ft. each. (Closing 8:15 p.m.) A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to close the time for receipt of bids. The •f motion passed unanimously. ' Managerj oneActing City was receive Mullikin advised the Commis ilos that only one bid was received. She Grant explained that this bid is connected •'i with the Protect PAC Grznt and that this is the second time It has been advertised for bid due to the watt for prevailing wage scale information from the County. ' A motion was made by Commission McElyea to or Cook, seconded by Commissioner dl recC Ac[Ing City Xa Mager Mulllkln t ` The motion passed unanimously. o open the bode Acting City Manager Mullikin opened and read the sealed bid received from Butt h's Truck I ng d Equip. Inc., 4510 SW 30 St Hollywood, Fl . in the amount of $9e 695.00. A mot l on was made by Vice Ma,r or Byrd, seconded by Commissioner 1 Cook to remand the bid to the Cf ty Ha Mager for recommendation at the next regular meeting of July 22, 1986. The motion passed 4-1, Commissioner Hirsch opposing. d- .1 i T Regular Commission Meeting 2 July 8, 1586 L , a-- 7 J $k•.;;�'+�lu b ,sc , Iwf• ?E•IylSi+'�1" " r• `' � rev f ,ti A, A .."� �'i) �....._�.-....oe;xNn..waa.r.,-....,u+............. .-....��.1..... � �i}h�•n•'�,. T1 st�✓•, � !\ sift. 44,} \/ f,I Tf I +'l•Tirl ,I 'J y1 The motion passed 0- the following roll call vote: .'i Commissioner Cook-yes Vice Mayor Byrd-yes e'+ Commissioner Hlrsch-yes Mayor Bertlno-y es '( Comm1551oner MCElyea-yes 4.6 PETITIONER/OWNER - John Bond. Property located at Taylor Road v/ s a,"7tf Extension. I�.:.,. PUBLIC HEARING - RZ-61-86 A Rezoning Request (containing 12.6 acres, more or less) to change from IRO (Industrial Research s>,; Offfce) to PEDD (Port Everglades Development District). ( ' till`a4x An ordinance rezoning 12.6 acres, more or less from IRO to PEDD was read by City Attorney Adler for second and final reading, k� `1 John Bond, pelti toner, stated the reason for requesting the change was to be consistent with the City's Land Use Plan. d Mayor Bertino opened the g p J 'Y public Hearing. Hearin no are speak a. , 1n favor or opposition, the Mayor closed the public hearing, 'I•o 1. A motion was made by Commissioner Cook, seconded by Commissioner 1. Mc Elyea to approve the adoption of the ordinance. j:. 'I d The motion passed on the following roll call vote: I Commissioner Cook-yes Vice Mayor Byrd-yes v . ' •+ ''.`:C Commissioner Hirsch-yes Mayor Bertono-yes 1 Commissioner Mc Elyea-yes j 4.7 PETITIONER - Ed to Waller: Saner - Nick Wolter, So11c Properties. i Property located at 1 S. federaall Hwy. y ' "., PUBLIC HEARING - 5E-79-89-86 - A Special Exception request for r �` ir' entertainment use. 1 The petitioner some me to the Commission that he intended to have only wholesome entertainment. �r . ;u tr• Mayor Bertino opened the public hearing, several residents ,f commented on past experience with entertainment in that area and c -1 also requested a buffer be erected along the parking lot. 1 i Peti tf oner agreed to erect a fence and landscaping as a buffer. A motion was made by Vice-Mayor Byrd, seconded by Camml ssfoner J ' Hirsch to grant the special exception with the condition that there be no nude entertainment, a buffer of vegetation on three sides of the 111 parking lot, and review of the special exception request in one year. ' y ; �,. The notice passed on tr- following roll call vote: '. Commissioner Cook-yes Vice Mayor Byrd-yes �� ' Commissioner Hirsch-yes Mayor Bertha-yes Commssioner Mc Elyea-no 4.8 PETITIONER - M.E. Berry: OWNER - Victory Villas, Inc. Property located at SW Ilth Ave., between SW lst St. and Dania Beach Blvd. i PUBLIC HEARING - VC-44-86 - A Vacation Request to vacate SW Ilth R Ave. City Attorney Alder read the title of a Resolution vacating a portion of SW Ilth Ave. �- Mayor Pertino opened the public hearing. Hearing no one speak Tl in favor or opposition, the Mayor rinsed the public hearing. There was some discussion of the Clty's right of way in that area ,.. M Regular Commission meeting 6 t ` July 72, 1986\,•..al•.; ..'. . .su---�. -•-+.�,nw:nllAJL•Y VeJ•/wIa40.+/a-..�-.. e•y !1 f 1 a r r— T } J r ORDINANCE NO. 33-86 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, RE- ZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: A PORTION OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AND A PORTION OF SECTION 26, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ALL MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH ONE-QUARTER (S 1/4) CORNER OF SAID SECTION 23. THENCE SOUTH 2'16'58" EAST, ALONG THE EAST LINE OF THE NORTHWEST ONE- QUARTER (HW 1/4) OF SAID SECTION 26, A DISTANCE OF I5.00 FEET, THENCE SOUTH 88'06'48" WEST, ALONG THE LINE 15.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 317.89 FEET, THENCE NORTH 2°02'11" WEST, A DISTANCE OF 7.50 FEET: THENCE SOUTH 88'06'48" WEST, ALONG THE LINE 7.50 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 23, A DISTANCE OF 580.60 FEET: THENCE NORTHERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF TAYLOR ROAD, THE FOLLOWING THREE COURSES AND DIS- TANCES, NORTH 21.52'04" EAST, A DISTANCE OF 203.12 FEET TO A POINT OF CURVE; THENCE NORTHERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 592.98 FEET, AND A CENTRAL ANGLE OF 45'06'12" AN ARC DISTANCE OF 466.76 FEET; THENCE NORTH 12°45'46" WEST, A DISTANCE OF 41.99 FEET: THENCE NORTH 88'05'24" EAST, ALONG THE NORTH LINE OF THE SOUTH ONE-HALF (S 1/2) OF THE SOUTH ONE-HALF (S 1/2) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 23, A DISTANCE. OF 818.67 FEET; THENCE SOUTH 1'34'15" EAST, ALONG THE EAST LINE OF SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 23, A DISTANCE OF 674.73 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. AND CONTAINING 12.6707 ACRES MORE OR LESS, FROM ZONING CLASSIFICATION OF IRO TO PEDD ZONING CLASSIFICATION AS DEFINED UNDER THE PROVISIONS OF ORDINANCE NO. 100 3F THE CITY OF DANIA, FLORIDA, AS AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE RE- PEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That Cho Following described lands, situatc, lying and being in Broward County, Florida, Co-wit: A PORTION OF SECTION 23. TOWNSHIP 50 SOUTH, RANGE 42 EAST, AND A PORTION OF SECTION 26, TOWNSHIP SO SOUTH, RANGE 42 EAST, ALL MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH ONE.-QUARTER (S 1/4) CORNER OF SAID SECTION 23, THENCE SOUTH 2'16'58" EAST, ALONG THE EAST LINE. OF THE NORTHWEST ONE- QUARTER (NW 1/4) OF SAID SECTION 26. A DISTANCE OF 15.00 FEET, THENCE SOUT)( 88-06-48" VEST, ALONG THE LINE 15.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 317.89 FEET; THENCE NORTH 2'02'11" WEST, A DISTANCE OF 7.50 FEET; THENCE SOUTH 88'06'48" WEST, ALONG THE LINE 7.50 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF Ordinance No. 33-86 ; u ,q� 1 / T J / 1• ivm, { t S j' SAID SECTION 23, A DISTANCE OF 580.60 FEET, THENCE NORTHERLY ALONG THE EASTERLY RICHT-OF-WAY LINE OF t, TAYLOR ROAD, THE FOLLOWING THREE COURSES AND DIS-TANCES, NORTH 21.52'04" EAST, A DISTANCE OF 203.12 FEET TO A POINT OF CURVE, THENCE NORTHERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 592.98 FEET, AND Zl A CENTRAL ANGLE OF 45-06'12" AN ARC DISTANCE OF 466-76 FEETi THENCE NORTH 12045'46" WEST, OF41.99FEET, THENCENORTH88-05-24" EAST, ALONG DISTANCE THE NORTH LINE OF THE. SOUTH ONE-HALF (S 1/2) OF THE j) ^ SOUTH ONE-HALE' (S 1/2) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 23, A DISTANCE OF 818.67 S( ® FEET! THENCE SOUTH 1-34'15" EAST, ALONG THE EAST LINE OF SOUTHWEST ONE-QUARTER. (SW 1/4) OF SAID !! SECTION 23, A DISTANCE OF 674.73 FEET TO THE POINT s; OF BEGINNING. SAID LAND SITUATE, LYING AND BEING IN+�� t ACRESOHORE ORWARD ULESS FLORID,, AND CONTAINING 12.6707 be and the same are hereby rezoned from existing zoning classi- ;I ficaeion of IRO to FEDD zoning classification as defined under L+ Ordinance No. 100 of the City of Dania, Florida, as amended. Section 2. That all ordinances or part, of ordinances and all resolutions or parts of resolutions in conflict herewith be (! Y and the same are hereby repealed to the extent of such conflict. :1 y Section 3. That this ordinance shall be in force and take ,`�• effect immediately upon its final passage and adoption. �. PASSED and ADOPTED ou First Reading on the 8th day of r _ •77v 1986. r PASSED and ADOPTED on Second and Final Reading on the 22nd >yj day of July 1986. �J f 2 N f� F C MN,1 I R S: ATTEST: .! = l ) ) c11RZ'tE�S: APPROVED FOR FORM AND CORRECTNESS I{ , C i, By A!K C. n �tt�py _ i } rr9 ' f f i AMERICAN MICRO-IMAGE 6954 N.W. 12 STREET, MIAML FLORIDA 33126 305-477-9149 • 800 287-4799• FAX 305-477-7526 I a photocopy in poor condition FC 017 t i r, ' r 7 Cliff Berry, Incorporated Environmental Services April 30, 1999 Mr. Terry Virta Growth Management Director City of Dania Beach 100 West Beach Boulevard Dania, FL 31004 Re: SITE PLAN APPROVAL Dear Mr. Virta: At the time that our rezoning request from M-3 to Port Everglades Development District(P.E.D.D.) is before the Dania Beach City Commission we would request that our Site Plan be considered at the same meeting. We ask that you construe that our newly proposed use for this property be permitted within the P.E.D.D. district. In furtherance of this request I would like to describe that which presently exists in our operation which is located within the City of Hollywood area of Port Everglades and that which is proposed for our location in Dania Beach. EXISTING OPERATION: Oil is brought to our facility by truck wherein the contents of the truck are emptied into tanks. The first part of the emission from a truck is water since the hose is connected to the bottom of the truck where the water has settled as differentiated from the oil which would be in the upper portion of the truck tank. As the water is emptied into a water holding tank, it gradually turns darker as oil begins to emit from the hose. When it appears that we are now emitting primarily oil as opposed to primarily water, the hose is switched to an oil holding tank to empty the remainder of the fluid from the truck. The next step is that the oil holding tanks are heated, which further separates any water residue from the oil. This water residue is deposited into the earlier utilized water holding tank. All "dirty water" is later trucked to our facility in Miami where it is pretreated prior to discharge into the Miami Dade County Sewer System for final treatment. After the water has been removed from the heated oil then the oil is ready for sale. It is held in the oil holding tanks until trucked to the ultimate user such as an asphalt plant or Florida Power Corporation in the Tampa area where it is used as a burner fuel for energy recovery. PROPOSED NEW OPERATION:The operation to be conducted at our new facility in Dania Beach is merely to operate as a transfer station. The beginning of the process is as described above. However,there would be no heating of the oil for separation from water. Rather, the trucks would just be emptied into two holding tanks with one for water and one for oil. The oil from the oil holding tank would be likewise trucked to our facility in Miami where it would be heated for the P.O. 8ox 13079 Port Everglades Station Fort Lauderdale,Florida 33316 (954) 763 3390 fax(954) 763 8375 L I r r Terry Vila April 30, 1999 Page-2- separation process. Therefore, the only handling of the commodity at our new site in Dania Beach would be the emptying of the contents of the trucks into separate tanks with one for predominantly water and one for predominantly oil. The contents of the two types of tanks would then be separately trucked to Miami for processing and disposal of the water and the heating and separation of the oil and water. Based upon the above explanation, we trust that you will concur that this operation clearly is permitted within the P.E.D.D. under Section 15.11(n) and (v). In fact, it has always been our contention that the present operation is permitted in M-3 but you had construed that the present operation was better described in your M-4 zoning category. Notwithstanding our disagreement under your earlier construction, we submit that the P.E.D.D. would permit our present operation. In furtherance of that conclusion, I enclose a letter from your counterpart in the City of Hollywood construing our present operation as permissible within P.E.D.D. Nevertheless this point now becomes moot since we are proposing that the operation in Dania Beach would not involve the heating of oil for water separation purposes. Rather, it would just be a transfer station with a series of holding tanks. Should you have any questions, please contact me at(954) 763-5455. Sincerely, William E. Parkes, Jr. Miami Facility Manager Cliff Berry, Inc. or r, r [ r MAR-23-99 TUE 11 :48 P, 02 C) CITY of HOLLYWOOD, FLORIDA DEPARTMENT OF DEVELOPMENT ADMINISTRATION rnu'iou; " Community Planning Division March 23, 1999 Emerson Allsworth, Esq. Doumar, Allsworth, Curtis, Cross, et al File No.: ZL 99-15 1177 SE Third Avenue Ft. Lauderdale, Florida 33316 Re: CBI (Cliff Berry, Incorporated) 851 Eller Drive 2601 SE 14 Avenue Dear Mr. Allsworth: Pursuant to your request, we have researched the City's records regarding the above referenced property. We find that the above mentioned business is listed with the Occupational License office under 851 Eller Drive. The mailing address for the operational aspect of the business is 2601 SE 14 Avenue. Both of these addresses are located within the district designated as Port Everglades Development District (PEDD). Petroleum processing, transmission, and storage is a permitted use in the PEDD district. In checking with the Occupational License Office, we have confirmation that the same occupational license has been consecutively issued for the same company for the last 5 years. A further review with the Code Enforcement Division going back for a period of the last 5 years shows no code violations for this property. If you have any other questions, please do not hesitate to contact Kathuska Zurita, Associate Planner, at(954) 921-3477. Sincerely, Laurence G. Leeds, AICP, Director Community Planning Division LL.kz h I10hr0oW91zone11rp199-15 2661 Hullyw,vd Boulevard • P.O.Box 229045 . HOIIywOMI,FL 33022.9045 PhOM(954)921-3471 • FAX(954)921-3347 "An Equal OPPorlunily and Service Provider Agency" 4- f r t�- 7 rd I CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held the City Commission on June 22, 1999 at 7:30 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any objections which might be made to the requests, as follows: RZ-28-99 - Request by Cliff Berry, Inc., to rezone property located immediately to the north of 999 Eller Drive from it's current zoning designation of M-3 (Industrial) to P.E.D.D. (Port Everglades Development District). Mr. Berry would like to allow for relocation of an existing oil processing complex at Port Everglades (Hollywood) to a new location within the Port. Legally described: Parcel A, CBI Plat no. 2, according to the Plat thereof as recorded in Plat Book 162, Page 12, of the Public Records of Broward County, Florida, being further described as follows: The east one half of the East one-half of the Northwest one-quarter of the Southwest one-quarter; less the south 282.00 feet thereof, of Section 23, Township 50 South Range 42 East. Copies of the proposed petition are available for viewing in the Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Marie Jabalee, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 921-8700 ext. 202, at least 72 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or 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. Lou Ann Cunningham Planning Technician R2.28 99 CLIFF BERRY f. C_