HomeMy WebLinkAboutR-2009-010 Legal Proceedings FLL Expansion RESOLUTION NO. 2009-010
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE INITIATION OF LEGAL
PROCEEDINGS TO CHALLENGE THE DECISION PERTAINING TO THE
EXPANSION OF THE FORT LAUDERDALE-HOLLYWOOD
INTERNATIONAL AIRPORT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Broward County seeks to expand the Fort Lauderdale-Hollywood
International Airport ("Airport") through a major extension of Runway 9R-27L, construction of
additional taxiways, expansion of terminal and gate facilities, and construction of other facilities
at the Airport; and
WHEREAS, the Airport expansion plan will cause serious long-term adverse effects to
the City of Dania Beach and its residents; and
WHEREAS, the City of Dania Beach entered into an Interlocal Agreement with
Broward County in 1995 which provided for the implementation of operational restrictions
intended to reduce noise impacts on Dania Beach residents; and
WHEREAS, the Federal Aviation Administration issued a Record of Decision dated
December 19, 2008, which authorized Broward County to move forward with the Airport
expansion plan without the operational restrictions identified in the Interlocal Agreement; and
WHEREAS, the Federal Aviation Administration has failed to adequately analyze the
environmental impacts of the Airport expansion plan, and has failed to comply with other
provisions of federal law in approving the expansion of the Airport; and
WHEREAS, other agencies will need to approve the Airport expansion plan for it to
move forward, including the U.S. Army Corps of Engineers;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the Dania Beach City Commission authorizes the City Attorney,
working with outside legal counsel, to initiate appropriate legal proceedings to challenge the
decision to move forward with the expansion of the Fort Lauderdale-Hollywood International
Airport, and decisions by governmental agencies, including but not limited to the Federal
Aviation Administration, in connection with the expansion plan.
Further, the Dania Beach City Commission further specifically finds that failure by the
City to seek immediate judicial review of the Airport expansion plan and plan approvals will
compromise significant legal rights of the City, and will cause an immediate danger to public
welfare through the unnecessary and inappropriate expenditure of millions of dollars on the
deeply flawed Airport expansion plan, necessitating the initiation of legal proceedings.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on January 13, 2009.
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ALBERT C. JO
'-�MAYOR-COMNhSSIONER
ATTEST ,
LOUISE STILSON, CMC ` 1
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CITY CLERK = 'r"
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APPROVED AS T O AND CORRECTNESS
C
THO AS J. AN B O
CITY ATTORNEY
2 RESOLUTION#2009-010