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HomeMy WebLinkAboutR-2000-148 RESOLUTION NO. 2000-148 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A UTILITY OPERATION AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR THE WATER AND SEWER SYSTEM LYING WITHIN THE DEANNEXATION AREA; PROVIDING FOR EXECUTION OF SAID AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1: That certain Utility Operation Agreement between Broward County and the City of Dania Beach for the operation of the water and sewer system lying within the deannexation area, in substantial form as Exhibit"A", attached, is approved. Section 2: That the appropriate City officials are directed to execute same; provided, however, that the City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 3: That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4: That this resolution shall be in force and take effect immediately upon its passage and adoption. Passed and adopted this 26th day of September, 2000. c.K. MiJtLYEdP"-_ MAYOR- COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO-YES 'SHERYL HAS�— COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER MIKES-YES APPROVED AS TO FORM AND CORRECTNESS: BY: a THOMAS . ANSBRO CITY ATTORNEY RESOLUTION NO. 2000-148 r UTILITY OPERATING AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH regarding WATER AND SEWER SYSTEM LYING WITHIN THE DEANNEXATION AREA THIS UTILITY OPERATING AGREEMENT is made and entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida ("COUNTY"); and CITY OF DANIA BEACH, FLORIDA, a municipal corporation organized and existing pursuant to the laws of the State of Florida ("CITY"). WITNESSETH: WHEREAS, on October 17, 1995, the COUNTY and the CITY entered into that certain Interlocal Agreement pertaining to Expansion and Jurisdiction of Fort Lauderdale- Hollywood International Airport (the "Interlocal Agreement'); and WHEREAS,the Interlocal Agreement provided for and contemplated the annexation and deannexation of certain lands in the vicinity of the Airport to facilitate the expansion of Fort Lauderdale-Hollywood International Airport,as generally described in the"Technical Report: Fort Lauderdale-Hollywood International Airport Master Plan Update,"dated March 1994(the"Master Plan"),which annexations and deannexations were to be accomplished by enactment of a local bill by the Legislature of the State of Florida; and WHEREAS, the annexation and deannexation of said lands was accomplished in substantial conformity with the Interlocal Agreement by the enactment of House Bill 2615 by the Florida Legislature, which became law on June 5, 1996; and WHEREAS, the Interlocal Agreement provided for the acquisition by COUNTY of certain infrastructure installed by CITY and lying on lands acquired by COUNTY for Airport use within the areas to be deannexed (the"Deannexation Area"), generally depicted on the attached Exhibit A (the "Utility System"); and WHEREAS, the expansion of the Airport as generally described in the Master Plan includes the planned future extension of Runway 9R/27L over U.S. Highway 1 onto portions of the Deannexation Area, the construction of which runway extension will require the elimination and replacement of portions of the Utility System; and WHEREAS, the Utility System was conveyed by CITY to COUNTY on November 7, 1997, by Quit Claim Deed recorded at Official Records Book 27512, Page 0729, and by Bill of Sale recorded at Official Records Book 27512, Page 0747, of the public records of Broward County, Florida; NOW, THEREFORE, IN CONSIDERATION of the foregoing and the mutual terms, obligations and conditions set forth herein, COUNTY and CITY agree as follows: 1. The recitals set forth above are true and accurate and incorporated herein by reference. 2. SCOPE AND TERM OF THIS AGREEMENT: This Utility Operating Agreement addresses the operation, maintenance and repair, if necessary, of the Utility System, generally depicted on Exhibit A, attached hereto and incorporated herein by reference, for the period of time commencing upon the acquisition of the Utility System by COUNTY and concluding on the day such Utility System is no longer used to provide existing utility services to properties currently served by the Utility System. 3. OPERATION AND MAINTENANCE OF UTILITY SYSTEM: 3.1 CITY shall continue to operate, maintain and repair the portions of the Utility System depicted on Exhibit B, attached hereto and incorporated herein by reference, during the term of this Agreement,which obligation shall include performance of all actions necessary to provide for continued operation of a utility system of the age, size and type as the Utility System, in a manner to ensure the continued provision of utility levels of service to the properties as are currently provided, including all necessary maintenance and repair of existing, active lines, pump stations, culverts and all other elements of the Utility System, excluding only the inspection, maintenance and repair of the fire hydrants located within the Deannexation Area. 3.2 COUNTY shall inspect, maintain and repair the fire hydrants located within the Deannexation Area. 3.3 COUNTY shall provide CITY with adequate access to COUNTY property necessary to perform its obligations pursuant to this Agreement. Utility Operating Agreement - Page 2 3.4 CITY shall provide COUNTY with adequate access, when requested by COUNTY, to the Utility System and to all plans, records, drawings, surveys and similar information related thereto. 3.5 For the purpose of this Agreement, "active"shall mean those lines, culverts, pump stations and other facilities that service a current customer of the Utility System. 4. MODIFICATIONS TO UTILITY SYSTEM: CITY shall inform the Director of Planning and Development of the Broward County Aviation Department of any alterations or modifications to the Utility System or alterations or modifications to other infrastructure serving the properties currently served by the Utility System performed by the CITY or of which CITY becomes aware. 5. COMPENSATION: As compensation for the operation, maintenance and repair of the Utility System, CITY shall retain such amounts as may be collected from the utility customers currently receiving service from the Utility System. 6. OTHER PROVISIONS: 6.1 PREVAILING WAGE REQUIREMENT - If construction work in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) is required of, or undertaken by, CITY as a result of this Agreement, Broward County Ordinance No. 83-72, as may be amended from time to time, shall be deemed to apply to such construction work; and CITY shall fully comply with the requirements of such ordinance. 6.2 NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COUNTY: County Administrator Governmental Center, Suite 409 115 South Andrews Avenue Fort Lauderdale, Florida 33301 With copy to: Director of Planning & Development Aviation Department 320 Terminal Drive Fort Lauderdale, Florida 33315 Utility Operating Agreement - Page 3 FOR CITY: City Manager City of Dania, Florida P.O. Box 1708 Dania Beach, Florida 33004 6.3 WAIVER OF BREACH AND MATERIALITY- Failure by COUNTY to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. COUNTY and CITY agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 6.4 COMPLIANCE WITH LAWS -CITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 6.5 SEVERANCE - In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.6 JOINT PREPARATION - Preparation of this Agreement has been a joint effort of COUNTY and CITY and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 6.7 PRIORITY OF PROVISIONS- If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement,the term, statement, requirement, or provision contained in Articles 1 through 6 of this Agreement shall prevail and be given effect. 6.8 APPLICABLE LAW AND VENUE- This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 6.9 AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document t and executed b COUNTY with the same or similar formality y prepared y as this Agreement and CITY. 6.10 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT - CITY shall not unlawfully discriminate against Utility Operating Agreement - Page 4 any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act(ADA)in the course of providing any services funded in whole or in part by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. CITY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16'/z), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. 6.11 COUNTERPARTS - This Agreement may be executed in two (2) counterparts, each of which shall be deemed to be an original. 6.12 CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency, political subdivision of the State of Florida or municipality to be sued by third parties in any matter arising out of this Agreement or any other contract. IN WITNESS WHEREOF, the parties hereto have made and executed this Agree- ment: BROWARD COUNTY through its Director of Purchasing, and CITY OF DANIA BEACH, signing by and through its duly authorized to execute same. COUNTY WITNESSES: BROWARD COUNTY, through its DIRECTOR OF PURCHASING By Glenn R. Cummings Director of Purchasing APPROVED ' Z 1 day of 200D_. Pa e5 Utility Operating Agreement - g UTILITY OPERATING AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH Approved as to form by EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopaier: (954) 357-7641 By Tracy Fr. Lautenschlager Assistant County Attorney CITY CITY OF DANIA BEACH, FLORIDA ATTEST: By �� �.—. Name: c . x. M4 lyea ActingClty Clerk S r 1 apman Title: Mayor day of , 2000. City Ma Mi ael Smith Approved as to form: City Attorney THL/wp G ACTYAT TY\TH Ltd a n i a ut3.a00 08/14/00 #98-71.45 Utility Operating Agreement - Page 6 WEISS SEROTA HELFMAN PASTOIRIZA & GuEDES, P.A. ATTORNEYS AT LAW BROWARD OFFICE NINA L. SONISHE 3111 STIRLING ROAD, SUITE B ELAINE M.COHEN JAMIE ALAN COLE FORT LAUDERDALE, FLORIDA 33312 DOUGLAS R.GONZALES EDWARD O.GUEDES GERALD T.HEFFERNAN' STEPNEN J. HELFMAN JOHN R. MERIN,JR. GILBERTO PASTORIZA JAMIE ALAN COLE CHRISTOPHER F.HURTZ JOSEPH H.SCROTA MANAGING SHAREHOLDER-BROWARD OFFICE PETER A.LICHTMAN RICHARD JAY MISS "REM LIEBERMAN' DAVID M.WOLPIN BERNARD S.MANDLER' STEVEN W.ZELHOWITZ TELEPHONE (954)763-4242 GARY 1. RESNICK' TELECOPIER (954)764-7770 NANCY RUBIN* W W W.WSH-FLALAW.COM GAIL D.SCROTA' MIAMI-DADS OFFICE DANA S.SCHWARTZ THOM"J.ANSBRO* 2665 SOUTH BAYSHORE DRIVE•SUITE 420 MI C.SHAPIRO LILLIAN ARANGO DE LA HOZ- JEFFREY P.SHEFFEL ALISON S.BIELER MIAMI,FLORIDA 33133 NANCY E.STROUD* MITCHELL A.BIERMAN TELEPHONE(305)654-0800 -TELECOPIER (305)854-2323 SUSAN L.TREVARTHEN MITCHELL J.BURNSTEIN *OF COUNSEL DANIEL A.MISS' December 11, 2000 Charlene Johnson, Deputy City Clerk City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Utility Operating Agreement Between Broward County and the City of Dania Beach Dear Charlene: Enclosed please find the original of "Utility Operating Agreement' between Broward County and the City of Dania Beach. Thank you for your assistance. Should you have any questions, please do not hesitate to contact me. Sincerely, /k� Peter A. Lichtman PAL:bw 566.001 Enclosures cc: Mike Smith, City Manager (w/o encl.) Bud Palm, Public Works Utilities Director(w/encl.) Thomas J. Ansbro, City Attorney FLORIDA October 20, 2000 Edward A. Dion, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 RE: Utility Operation Agreement—Water/Sewer System lying within Deannexation Area Dear Mr. Dion: On September 26, 2000, the Dania Beach City Commission adopted Resolution No. 2000-148 approving the above-referenced agreement. As requested, we are returning three (3) original agreements to be executed by Broward County. Upon full execution, please return one (1) original agreement to me for our records. If you have any questions regarding this project, please contact Bud Palm, Utilities/Public Works Director, at (954) 924-3740. Sincerely, a ene son Deputy City Jerk /cj Enclosures (3) "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-5700 w vci.dania-beach.El.us r i , \� \\\ •� na\ , 1 I I , m a I e I r I I � I tj 19 i r N.E. 7TH AVENUE -- --- m _ n R III ' D z c HOLLYWOOD FROWARD COUNTY AVIATION DEPARTMENT SSPP u�ie UTILITY OPERATING AGREEMENT � w ue CITY OFF DANIA,. FLORIDA xW oo.e�y I ' III 1 1 I - ---- _ r A om n b t I e 1 I i I I III I I I m I ' I A 1 C• I A I m _ I I I 2 1 1 � ^cm \ N.E. 7TH AVENUE N.E. 7TH AVENUE a n r N E#2II °a HOLLYVGOD RROWARD COUNTY AVIATION DEPARTMENT �... ,,,. UTILITY OPERATING THE AGREEMENT VAT - -- �+• we DAN THE ^"°" CITY OF DANIA, FLORIDA °RO1X'PO LA.1. """"M°' ��" WEISS SEIi` OTA HELFMAN PASTOIRIZA & GIIEDES, P.A. • ATTORNEYS AT LAW SROWARD OFFICE NINA L.SONISKE 3111 STIRLING ROAD, SUITE B M ITCXELL J.BURNSTEIN JAMIE ALAN COLE FORT LAUDERDALE, FLORIDA 33312 ELAINE M.COHEN EDWARD O.OUEDES DOUOLAS R.OONSALES STEPHEN J.HELFMAN JOHN R. HERIN,JR. GILBERTO PASTORIZA JAMIE ALAN COLE CXRIST MANAGING SHAREHOLDER-BROWARD OFFICE M JOSEPH N.SEROTA PETER A..LICHT HER F. KURTZ ICNMAN RICHARD JAY WEISS "REM LIEBERMAN* DAVID M.WOLPIN TELEPHONE (954)763-4242 BERNARD S. HANDLER' STEVEN W.2ELKOWIR TELECOPIER (954)764-7770 MARIE E. MATO _ W W W.WSH-FLALAW.COM NANCY RUBIN* MIAMI-DADE OFFICE GAIL D.SEROTA* TXOMAS J.ANSBRO� 2865 SOUTH BAYSHORE DRIVE•SUITE 420 ARI C.SHAPIRO PATRICIA M..BA LILLIAN AR A DE LA H02� JEFFREY P.SHEFFEL PATRILOYpA MIAMI,FLORIDA 33133 NANCY E.STROW ALISON S. BIELER TELEPHONE (303)856-0600 • TELECOPIER (305)854-2323 SUSAN L.TREVARTHEN MITCHELL A.BIERMAN *OF COUNSEL DANIEL A.WEISS August 21, 2000 Mr. Bud Palm Public Works Utilities Director City of Dania Beach 100 West Dania Beach Boulevard P.O. Box 1708 Dania Beach, FL 33004 • Re: Utility Operating Agreement between Broward County and the City of Dania Beach Dear Bud: Enclosed please find three sets of the referenced agreement and exhibits. Please review the agreement and the exhibits at your earliest convenience. Please also forward one of the sets to the City Manager for his review and comments. You will notice that the word "inactive" was not inserted before the term "Utility System" in Section 4 of the agreement as we had previously discussed because the exhibits appear to be clear on the matter. If the agreement is acceptable to the City in its present form, we can proceed with having it approved and executed. If you have any questions, please do not hesitate to contact me. Sincerely, p4a.1— Peter A. Lichtman 566.015 PAL:bw • Enclosure cc: Mike Smith, City Manager (w/o enclosure) Thomas J. Ansbro, Esquire CITY OF DANIA BEACH MEMORANDUM TO: MAYOR AND COMMISSIONERS CC: MICHAEL W. SMITH, City Manager BUD PALM, Director of Public Works and Utilities FROM: PETER A. LICHTMAN, Assistant City Attorney DATE: September 25, 2000 RE: CITY OF DANIA BEACH UTILITY OPERATING AGREEMENT WITH BROWARD COUNTY In 1995, the City entered into an interlocal agreement with the County pertaining to the expansion and jurisdiction of the Airport. That agreement called for the City to support the deannexation of certain property east of the Airport (the "Deannexation Area", which is generally east of US Highway 1, north of the Dania Cut-off Canal) in exchange for the County supporting the City's annexation of certain property at the north end of the airport. Paragraph 13 of the 1995 interlocal agreement required the County to acquire certain infrastructure improvements within the Deannexation Area from the City and to pay the City up to 1.6 million dollars for those improvements. This transaction was completed in November 1997, when the County paid the City $1,590,776.00 for the infrastructure, and the City executed a Quit Claim Deed and Bill of Sale in favor of the County upon receipt of that payment. Additionally, the City furnished the County with a letter confirming that the City would continue to be responsible for operating the active utility lines that were conveyed to the County. The County then requested a more formal utility operating agreement between the City and the County for the operation and maintenance of that utility system. The attached "Utility Operating Agreement between Broward County and City of Dania Beach regarding Water and Sewer System Lying within the Deannexation Area" (the "Agreement") resulted from that request. The Agreement requires the City to continue to operate, maintain and repair the active utility system within the Deannexation Area until such time as that system is no longer used to provide utility services to the properties currently being served by the system. The City will collect and retain the utility fees associated with such service. The Agreement further requires the County to inspect, maintain and repair the fire hydrants located within the Deannexation Area. If you have any questions or comments, please do not hesitate to contact me or Tom Ansbro at (954) 763-4242.