HomeMy WebLinkAboutR-2019-043 The City Directing the Release of the Restriction of Funds Previously Designated for Certain Costs Associated with the Impact of the Redeveloped Property Formerly Known As Dania Jai Alai RESOLUTION 2019-043
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, DIRECTING THE RELEASE OF THE RESTRICTION OF
FUNDS PREVIOUSLY DESIGNATED FOR CERTAIN COSTS ASSOCIATED
WITH THE IMPACT OF THE REDEVELOPED PROPERTY FORMERLY
KNOWN AS DANIA JAI ALAI (NOW DANIA BEACH CASINO), SUBJECT
TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 8, 2007, the City Commission adopted Resolution 2007-088,
attached as Exhibit"A", to commit funds derived from the "Dania Jai Alai"parimutuel operation
redevelopment to pay for costs associated with impacts arising from the redeveloped property, to
include public safety including increased police and fire protection, emergency responses and
traffic control; and
WHEREAS, the intent was to commit these funds for a minimum of five (5) years from
the date revenues were first received in order to give the City an opportunity to identify the costs
of such impacts to ensure funding was able to address them and mitigate them; and
WHEREAS, these funds were first received on May 8, 2014 and therefore the five (5)
year commitment expired on May 8, 2019; and
WHEREAS, the City Commission wishes to now release these funds from the above
commitment and utilize these funds for General Fund appropriations; and
WHEREAS, release of these monies will provide necessary funds to approve a new Fire
Chief, through the Broward Sheriff's Office Fire Rescue Contract, during the mid-year budget
process;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed as being
true and correct, and they are made a specific part of and incorporated into this Resolution by
this reference.
Section 2. That all funds previously committed by Resolution 2007-088 are
immediately released and are no longer required to be committed moving forward.
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Resolution are repealed to the extent of such conflict.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 on May 28, 2019.
ATTEST:
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THOMAS SCHNEIDER, CM e„ LORKEWELLEN
CITY CLERK MAYOR
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APPROVED AS WRM AND CORRECTNESS
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TH6NJAS J. ,
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CITY ATTO EY
2 RESOLUTION#2019-043
RESOLUTION NO.2007-088
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,DIRECTING
THE ESTABLISHMENT BY THE CITY FINANCE DIRECTOR OF A
DESIGNATED ACCOUNT IN CONNECTION WITH THE RECEIPT OF
REVENUE TO BE DERIVED FROM THE "DANIA JAI ALAI"
PARIMUTUEL OPERATION, TO BE REDEVELOPED AT THE SITE
KNOWN AS "DANIA JAI ALAI", SUBJECT TO CERTAIN CONDITIONS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to a January 25, 2005 Agreement executed by Broward County
and the Aragon Group, Inc. ("Aragon") d/b/a Dania Jai Alai, a division of the Aragon Group,
Inc., and Summersport Enterprises, LLP ("Summersport"), the City will receive revenue based
upon percentages of slot machines' revenue derived from operations at the Dania Jai Alai site
which site is now owned and will be redeveloped and operated by Boyd Gaming, Inc.; and
WHEREAS, it is the intent of the City Commission that such revenue be earmarked to
pay for costs associated with impacts arising from the redeveloped property, including but not
limited to, the need for increased police and fire protection, emergency responses, traffic control
and traffic calming measures, for a minimum period of five (5) years, and that a special
"designated account"will be established to account for any additional revenue received from the
pari-mutuel operation. This will give the City an opportunity to identify the costs of such
impacts and to ensure that funding will be available to address them and mitigate them;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That a reserve fund shall be established by the City Finance Director,to be
known as the"Dania Jai Alai Designated Account",to be funded from revenue derived from slot
machines to be paid to the City by the current property owner, Boyd Gaming, Inc., pursuant to
the Agreement between Broward County and the Aragon Group, Inc., d/b/a Dania Jai Alai, a
division of the Aragon Group, Inc., and Summersport Enterprises, LLP; Boyd Gaming, Inc. is
the successor to Aragon and Summpersport and is the current party in interest.
Section 2. That the City Commission has determined that such fund shall be in
existence for a period of five (5) years from the date such revenue is first received by the City.
Section 3. That the Designated Account shall not be altered or this Resolution amended,
as to the existence of the Account and the use of its revenue, unless approved by the vote of four
(4)members of the City Commission.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on May 8, 2007.
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Cf F Y
TON
MAYOR-COMMISSIONER
ATTEST:
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LO ISE STILSON, CMC
CITY CLERK
APPROVED AS TO F ID CORRECTNESS
BY:
TH MA J. NSBRO
CITY ATTORNEY
2 RESOLUTION#2007-088