HomeMy WebLinkAboutO-2023-003 Hollywood and BC Interlocal Service Boundary Agreement (OT-059-22) for Annexation of Hollywood Land within Ocean Park SECOND READING ORDINANCE NO. 2023-003
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING AN INTERLOCAL SERVICE BOUNDARY
AGREEMENT WITH THE CITY OF HOLLYWOOD AND BROWARD
COUNTY FOR THE CONTRACTION OF CERTAIN LANDS LOCATED
WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF HOLLYWOOD
AND THE ANNEXATION OF THE LAND BY THE CITY OF DANIA BEACH,
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property subject of this agreement is owned by the Florida Department
of Transportation (FDOT), the remainder of the land is owned by the City, and part of the land
owned by FDOT is located in the jurisdiction of Hollywood; and
WHEREAS, the parcel identified as 45-320 North Beach Road, consists of a portion of
the parking lot for Florida Atlantic University (FAU), which property is owned by the City of
Dania Beach and leased to FAU for $1.00 a year, through year 2046 with an option to extend
through 2095, and the remainder of the FAU parking area is owned by FDOT, and as indicated
above, is partly (.2 acres) within the jurisdictional limits of the City of Hollywood; and
WHEREAS, it has been the City's goal to work with FAU, its sub-tenant US Navy, and
FDOT, so that the City can repurpose the FAU parking lot by building a public parking garage;
and
WHEREAS, FDOT will agree to convey the subject land to the City upon the condition
that the land be used solely for public parking garage with no benefit to any private entities
exclusively. Public purpose and use require that the lot be open to the public at large; and
WHEREAS, said conveyance shall contain a reversionary clause wherein title will
automatically revert back to FDOT should the subject property be used for any purpose other than
public parking garage purpose as shall be referenced within the conveyance document from FDOT
to the City; and
WHEREAS,to proceed with the City's objective,the City seeks the annexation of FDOT's
.2 acres of land located within the City of Hollywood; and
WHEREAS,Chapter 171,Part II,Florida Statutes,called the"Interlocal Service Boundary
Agreement Act",provides counties and municipalities an alternative and more flexible process for
adjusting municipal boundaries,including allowing for the deviation from the standard contraction
and annexation requirements of Chapter 171, Part I, Florida Statutes; and
WHEREAS, the City of Dania Beach, the City of Hollywood, and Broward County have
the legal authority pursuant to the Interlocal Service Boundary Agreement Act, Section 163. 01,
Florida Statutes, the Florida Interlocal Cooperation Act of 1969, and the applicable provisions of
Chapters 125, 163, and 166, Florida Statutes to enter into interlocal service boundary agreements
with other local government jurisdictions concerning annexation and contraction matters; and
WHEREAS, the City of Dania Beach has requested the City of Hollywood to readjust
their respective boundaries to provide that real property (.2 acres of land) be contracted from
Hollywood's jurisdictional limits and annexed into Dania Beach's jurisdictional limits, which land
is owned by the Florida Department of Transportation(FDOT); and
WHEREAS, on July 12, 2022, the Dania Beach City Commission approved Resolution
No. 2022-113,which authorized the start of negotiations with the City of Hollywood and Broward
County of an Interlocal Service Boundary Agreement, pursuant to the authority contained in
Chapter 171, Florida Statutes, which resolution asked the City of Hollywood to re-adjust its
boundaries to provide that the FDOT Parcel be contracted from Hollywood's jurisdictional limits
and annexed into Dania Beach's jurisdictional limits, and requested that Broward County also
agree to this request; and
WHEREAS, on August 31, 2022, and pursuant to Section 171.203, Florida Statutes, the
Hollywood City Commission adopted a responding Resolution (R-2022-242) to Dania Beach's
and Broward County's request to negotiate an Interlocal Service Boundary Agreement to annex
approximately 0.204 acres of land, owned by FDOT within the jurisdictional limits of the City of
Hollywood , as more particularly described in the attached Exhibit"A" ("subject parcel"); and
WHEREAS, on August 25, 2022, the County Commission authorized Resolution No.
2022-113, agreeing to proceed with the annexation/de-annexation process; and
2 ORDINANCE#2023-003
WHEREAS, on December 7, 2022, the City Commission of the City of Hollywood
approved Proposed Ordinance No. 2022-024, which, on first reading authorizes the entry into an
Interlocal Services Boundary Agreement with Dania Beach and the County to contract .2 acres
from the jurisdiction of Hollywood, with certain conditions; and
WHEREAS, the Interlocal Service Boundary Agreement attached as Exhibit"A"to this
ordinance includes, among other objectives, the following revised negotiation points:
(1) At no cost to Hollywood, Dania Beach will create an e-vehicle transit hub for charging
various types of public transportation vehicles that serve and may be operated by both
municipalities and/or other governmental entities, which may include public amenities (a
joint stop for a micro-transit hub for Hollywood and Dania public transit vehicles).
(2) Dania Beach will honor and permit Hollywood Citywide Residential Parking Permits in
the garage on weekdays only, for a five-year period, with three additional five-year
extension terms, under the condition that Dania Beach can properly finance all secured
bond or loan funding for the proposed parking garage through the revenue obtained from
the parking garage use. The parking permit authorization shall exclude the following
weekday days: national holidays and Broward County School Board spring break week.
(3) The parties will work and collaborate with the Hollywood Beach Business and Civic
Associations and property owners located proximate to AIA and Cambridge Street on the
parking garage design and layout as a part of the development review process and prior to
Dania Beach applying for building permits.
(4) The City of Dania Beach covenants that the right of Hollywood Citywide Residential
Parking Permit Holders to utilize the new garage (identified at subsection 3 above) for
four five-year period shall commence upon the opening of the garage. All other terms
may sunset in 20 years from execution of this Agreement, but the four five-year option
periods,consistent with the terms of subsection 3 above,shall not sunset until all four five-
year periods expire.
(5) Pursuant to Florida Statute Section 171.203(12),an interlocal service boundary agreement
may be for a term of 20 years or less. The Agreement requires renegotiations to begin at
least 18 months before its termination date. The transfer of jurisdiction will occur within
six months of execution of the Agreement, and the conditions contained herein, at
paragraphs (1)through (6), may be enforced over the next 20 years.
(6) As a result of the Florida Statutes 171.203, the Agreement is for a 20-year term and is
subject to the discussion and negotiation of at least 18 months prior to the end of the term
of this Agreement.
(7) The transfer of jurisdiction will occur within six months of execution of the Agreement,
and the conditions contained herein,at paragraphs(1)through(6),above,may be enforced
over the next 20 years; and
3 ORDINANCE#2023-003
WHEREAS, the City Commission finds that this Ordinance is in the best interest of the
residents of the City of Dania Beach as the City intends to construct additional public parking by
constructing a parking garage which includes the .2 acres of land being annexed from the City of
Hollywood;
NOW, THEREFORE, BE IT ORDAINED 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 are incorporated in this Ordinance.
Section 2. That pursuant to Section 171.203(1), Florida Statutes, it approves and
authorizes the execution, by the appropriate City officials, of the attached Interlocal Service
Boundary Agreement for Contraction and Annexation of a Parcel of Land attached as Exhibit"A".
Section 3. That if any word, phrase, clause, subsection or section of this Ordinance is
for any reason held unconstitutional or invalid, such invalidity shall not affect the validity of any
remaining portions of this Ordinance.
Section 4. That all sections or parts of sections of the Code of Ordinances, all
ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict are repealed
to the extent of such conflict.
Section 5. That this Ordinance shall be effective immediately upon its passage and
adoption on second reading.
PASSED on first reading on February 28, 2023.
PASSED AND ADOPTED on second reading on April 25, 2023.
ATTEST:
14.4
2/
• di
ELORA , MC l ARCHIBAL . RYIAN IV
CITY CLERK \I �-41 ," MAYOR
`ISHE'O /
APPROVED AS TO FORM AND CORRECTNESS:
E E . BO TSIS
C Y TT RNEY
4 ORDINANCE#2023-003
EXHIBIT "A"
AFTER RECORDING RETURN TO:
CITY OF DANIA BEACH
ATTN: CITY CLERK
100 West Dania Beach Blvd. For Recording Purposes Only
Dania Beach, Florida 33004
INTERLOCAL SERVICE BOUNDARY AGREEMENT FOR
CONTRACTION AND ANNEXATION OF A PARCEL OF LAND
between
CITY OF DANIA BEACH, FLORIDA,
and
CITY OF HOLLYWOOD,FLORIDA,
and
BROWARD COUNTY, FLORIDA
THIS INTERLOCAL SERVICE BOUNDARY AGREEMENT FOR
CONTRACTION AND ANNEXATION OF A PARCEL OF LAND (hereinafter referred to as
"Agreement") is entered into by and between the CITY OF DANIA BEACH, a municipal
corporation in the State of Florida whose mailing address is 100 West Dania Beach Blvd., Dania
Beach, Florida 33004 ("Dania Beach"), the CITY OF HOLLYWOOD, a municipal corporation in
the State of Florida whose mailing address is 2600 Hollywood Blvd.,Hollywood Florida 33020-4807
(hereinafter referred to as "Hollywood"),and BROWARD COUNTY,FLORIDA,a charter county
and political subdivision of the State of Florida whose mailing address is 115 South Andrews Avenue,
Fort Lauderdale, Florida 33301 (hereinafter referred to as "County").
5 ORDINANCE#2023-003
WITNESSETH
WHEREAS, Chapter 171, Part II, Florida Statutes, called the "Interlocal Service Boundary
Agreement Act" gives counties and municipalities an alternative and more flexible process for
adjusting municipal boundaries, including allowing the deviation from the standard contraction and
annexation requirements of Chapter 171,Part I,Florida Statutes; and
WHEREAS, this Agreement is being entered into pursuant to the legal authority of
Interlocal Service Boundary Agreement Act, Section 163.01, Florida Statutes, the Florida
Interlocal Cooperation Act of 1969, and the applicable provisions of Chapters 125, 163, and 166,
Florida Statutes; and
WHEREAS, the Florida Department of Transportation (FDOT) owns a parcel of land that
is partially located within the jurisdictional limits of Hollywood and consists of approximately .2
acres, and a graphical depiction of which is attached hereto as Exhibit "A" ("Parcel"); and
WHEREAS, Dania Beach and Hollywood desire to readjust their respective boundaries
to provide that Parcel be contracted from Hollywood's jurisdictional limits and annexed into Dania
Beach's jurisdictional limits; and
WHEREAS, once the land is annexed within the jurisdiction of Dania Beach, Dania
Beach will negotiate with FDOT to acquire the .2 acres from FDOT, so that Dania Beach can
ultimately join all its land together in a sufficient size to be able to construct a public parking
garage; and
WHEREAS, the parcel is contiguous to the jurisdictional limits of Dania Beach and
would otherwise meet the legal requirements for annexation into the jurisdictional limits of Dania
Beach if such parcel were not currently within the jurisdictional limits of Hollywood; and
WHEREAS,the parties desire to and hereby waive the requirements of Chapter 171,Part
I, Florida Statutes to the extent necessary to allow Dania Beach to annex the Parcel; and
WHEREAS, on July 22, 2022, Dania Beach issued Resolution No. 2022-113, requesting
that the County and Hollywood negotiate an interlocal to authorize Dania Beach to annex the .2
acres of land from Hollywood; and
WHEREAS, on August 23, 2022, the County approved Resolution No. 2022-361,
authorizing the County to negotiate with the parties to proceed with the annexation process; and
WHEREAS, on August 31, 2022, Hollywood issued Resolution 2022-242, authorizing
certain negotiation points for Dania Beach to consider in order to move forward with an interlocal
agreement; and
WHEREAS, Hollywood and Dania Beach have come to an agreement on the conditions
for authorizing the annexation into Dania Beach of the .2 acres of land; and
6 ORDINANCE#2023-003
WHEREAS, the County joins this Agreement to consent to the agreement reached
between Dania Beach and Hollywood as set forth herein.
NOW, THEREFORE, in consideration of the premises and the mutual promises and
agreements set forth herein and other good and valuable consideration, the receipt of which is
hereby acknowledged and intending to be legally bound hereby,the parties hereto do hereby agree
as follows:
SECTION I. Recitals.
The Recitals set forth above are true and correct and by this reference are incorporated
herein as part of this Agreement.
SECTION II. Effective Date.
In order to approve this Agreement, Dania Beach and Hollywood shall each adopt an
ordinance approving this Agreement and its execution and delivery, and specifically make
reference to the approval of the contraction of the Parcel from Hollywood and its annexation into
Dania Beach. Dania Beach and Hollywood agree to coordinate on the form of the ordinances they
respectively plan to adopt to approve this Agreement. The effective date("Effective Date")of this
Agreement shall be the date when all of the following has been satisfied: (i) an ordinance is
adopted by Dania Beach approving this Agreement and Dania Beach has executed this
Agreement; (ii)an ordinance is adopted by Hollywood approving this Agreement and Hollywood
has executed this Agreement; and(iii)the County has approved and executed this Agreement.
SECTION III. Annexation from Hollywood.
On the Effective Date of this Agreement, Parcel B is hereby contracted(subtracted) from
the jurisdictional limits of Hollywood and simultaneously annexed into the jurisdictional limits
of Dania Beach. Thereafter, Dania Beach shall have jurisdiction of the Parcel for public parking
garage purposes and within a reasonable period of time Dania Beach shall take action to assign
an Open Space & Recreational (PR) Future Land Use designation to the Parcel, which the Dania
Beach maintains is in line with the limited public parking garage use.
SECTION IV. Conditions of Interlocal as to City of Hollywood.
Hollywood and Dania Beach agree as follows:
(1) At no cost to Hollywood, Dania Beach will create an e-vehicle transit hub for charging
various types of public transportation vehicles that serve and may be operated by both
municipalities and/or other governmental entities, which may include public amenities (a
joint stop for a micro-transit hub for Hollywood and Dania public transit vehicles).
(2) Dania Beach will honor and permit Hollywood Citywide Residential Parking Permits in
the garage on weekdays only, for a five-year period, with three additional five-year
extension terms, under the condition that Dania Beach can properly finance all secured
bond or loan funding for the proposed parking garage through the revenue obtained from
7 ORDINANCE#2023-003
the parking garage use. The parking permit authorization shall exclude the following
weekday days: national holidays and Broward County School Board spring break week.
(3) The parties will work and collaborate with the Hollywood Beach Business and Civic
Associations and property owners located proximate to AIA and Cambridge Street on the
parking garage design and layout as a part of the development review process and prior to
Dania Beach applying for building permits.
(4) Dania Beach covenants that the right of Hollywood Citywide Residential Parking Permit
Holders to utilize the new garage (identified at subsection 3 above) for four - five year
period shall commence upon the opening of the garage. All other terms may sunset in 20
years from execution of this Agreement, but the four five-year option periods, consistent
with the terms of subsection 3 above,shall not sunset until all four five-year periods expire.
(5) Pursuant to Florida Statute Section 171.203(12),an interlocal service boundary agreement
may be for a term of 20 years or less. The Agreement requires renegotiations to begin at
least 18 months before its termination date.
(6) As a result of the Florida Statutes 171.203, the Agreement is for a 20-year term and is
subject to the discussion and negotiation of at least 18 months prior to the end of the term
of this Agreement.
(7) The transfer of jurisdiction will occur within six months of execution of the Agreement,
and the conditions contained herein, at paragraphs (1) through (6), may be enforced over
the next 20 years.
SECTION VI. Term and Periodic Review.
Pursuant to Section 171.203(12), Florida Statutes, the term of this Agreement is for 20 years
from the Effective Date. The parties agree to periodically review this Agreement every five years
and to commence renegotiation of the terms of this Agreement no later than 18 years after its
Effective Date.
SECTION V. Miscellaneous.
1. This Agreement may not be modified or amended, or any term or provision hereof
waived or discharged except in writing, in recordable form, signed by the parties hereto, or their
respective successors and assigns. Any such modification or amendment shall not be effective
until recorded in the Public Records of Broward County, Florida.
2. This Agreement shall be construed and enforced in accordance with, and governed
by, the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to,
or in connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit
in and for Broward County, Florida. If any claim arising from, related to, or in connection with
this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall
be in the United States District Court or United States Bankruptcy Court for the Southern District
of Florida. Each party expressly waives any rights it may have to a trial by jury of any civil
litigation related to this Agreement.
8 ORDINANCE#2023-003
3. All of the terms of this Agreement, whether so expressed or not, shall be binding
upon the respective successors, assigns and legal representatives of the parties hereto and shall
inure to the benefit of and be enforceable by the parties hereto and their respective successors,
assigns and legal representatives.
4. The headings of this Agreement are for reference only and shall not limit or
otherwise affect the meaning thereof.
5. Each party to this Agreement shall bear its own attorneys' fees and costs in
connection with this Agreement and/or in connection with any action undertaken in compliance
with, or relating to, this Agreement.
6. The parties will work together to take any further actions necessary to implement
and achieve the objectives of this Agreement.
7. The parties do not intend to directly or substantially benefit a third party by this
Agreement. Therefore, the parties acknowledge that there are no third-party beneficiaries to this
Agreement and that no third party shall be entitled to assert a right or claim against either of them
based upon this Agreement.
8. This Agreement represents the final and complete understanding of the Parties
regarding the subject matter of this Agreement and supersedes all prior and contemporaneous
negotiations and discussions regarding same. All commitments, agreements, and understandings
of the Parties concerning the subject matter of this Agreement are contained herein.
9. Except to the extent sovereign immunity may be deemed waived by entering into
this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by the
parties nor shall anything included herein be construed as consent by the parties to be sued by
third parties in any matter arising out of this Agreement.
10. This Agreement is limited to the specific items set forth herein.
SECTION VI. Severability.
If any section, subsection, sentence, clause,phrase, or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION VII. Recording.
Following its execution by Dania Beach, Hollywood and the County, this Agreement
shall be recorded in the Official Records of Broward County, Florida.
9 ORDINANCE#2023-003
ATTEST: City OF DANIA BEACH,FLORIDA,
a Florida municipal corporation
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM
AND CORRECTNESS
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
APPROVED BY THE CITY OF DANIA BEACH CITY COMMISSION
AT ITS PUBLIC MEETING HELD ON , 2023.
10 ORDINANCE#2023-003
CITY OF HOLLYWOOD, a Florida municipal corporation
By:
Josh Levy, Mayor
Attest:
Patricia Cerny, City Clerk
Approved as to Legal Form and Correctness:
Douglas R. Gonzales, City Attorney
APPROVED BY THE CITY OF HOLLYWOOD CITY COMMISSION
AT ITS PUBLIC MEETING HELD ON ,2022.
11 ORDINANCE#2023-003
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
By: By:
Broward County Administrator, as Mayor
ex officio Clerk of the Broward County
Board of County Commissioners day of , 20_
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By:
Joseph K. Jarone (Date)
Assistant County Attorney
By:
Rene D. Harrod (Date)
Chief Deputy County Attorney
Copy sent to:
Carlos Martinez
District Right of Way Manager
Florida Department of Transportation
District Four
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309
12 ORDINANCE#2023-003
Exhibit "A"
SKETCH&DESCRIPTION FOR: CITY OF DANIA BEACH SHEET 1 OF 2
(SEE SHEET 2 OF 2 FOR SKETCH)
DESCRIPTION:
THAT PORTION OF THE CITY OF HOLLYWOOD FLORIDA LYING WITHIN STATE ROAD A-1-A.
PARCEL 124 (PART), AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT)RIGHT-OF-WAY MAP FOR SECTION 86030-2175,AND DESCRIBED IN FDOT PARCEL
SKETCH OF SAID PARCEL 124 (PART) DATED 02/0212022; SAID PORTION ALSO LYING
WITHIN LOTS 7 THROUGH 10, BLOCK 202,AND THE ADJACENT ALLEY AND STREET FROM
THE UNDERLYING PLAT OF"HOLLYWOOD CENTRAL BEACH'RECORDED IN PLAT BOOK 4,
PAGE 20, BROWARD COUNTY RECORDS. SAID PORTIONS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF BLOCK 203 OF SAID PLAT;THENCE SOUTH
04' 57' 20" EAST ALONG A SOUTHERLY EXTENSION OF THE EAST LINE OF SAID BLOCK
203, AND THE BOUNDARY OF SAID PARCEL 124 (PART), A DISTANCE OF 40.04 FEET TO
THE NORTH UNE OF SAID BLOCK 202; THENCE SOUTH 87' 44' 39" WEST, ALONG SAID
NORTH LINE AND SAID BOUNDARY OF PARCEL 124(PART),A DISTANCE OF 207.16 FEET;
THENCE SOUTH 25'05'30'EAST.ALONG SAID PARCEL LINE,A DISTANCE OF 38.89 FEET;
THENCE SOUTH 46°25 35"EAST. ALONG SAID PARCEL LINE, A DISTANCE OF 81.53 FEET
TO THE POINT OF BEGINNING ON THE NORTH LINE OF SAID LOT 7, AND THE COMMON
BOUNDARY OF THE CITY'S OF DANIA BEACH AND HOLLYWOOD, FLORIDA; THENCE
CONTINUE SOUTH 48'25'35'EAST ALONG THE BOUNDARY OF SAID PARCEL 124(PART),
A DISTANCE OF 13.81 FEET; THENCE SOUTH 54' 24' 51" EAST, ALONG SAID PARCEL
BOUNDARY, A DISTANCE OF 39.16 FEET; THENCE SOUTH 55' 57 54' EAST, ALONG SAID
PARCEL BOUNDARY, A DISTANCE OF 80.56 FEET; THENCE SOUTH 61' 25 44" EAST,
ALONG SAID PARCEL BOUNDARY.A DISTANCE OF 54.88 FEET TO A POINT ON THE EAST
LINE OF SAID BLOCK 202; THENCE NORTH 03' 16' ST WEST, ALONG THE EAST LINE OF
SAID BLOCK 202,AND ALONG THE COMMON BOUNDARY OF SAID CITIES,A DISTANCE OF
109.74 FEET TO THE NORTHEAST CORNER OF SAID LOT 10, BLOCK 202; THENCE SOUTH
87'44'39"WEST,ALONG THE NORTH UNE OF SAID LOT 10 AND A WESTERLY EXTENSION
THEREOF.ALSO BEING THE COMMON BOUNDARY OF SAID CITIES,A DISTANCE OF 150.62
FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 0.204 ACRES,MORE OR LESS.
���, a Digitally signed by
I�PE.IIY CERTIFY THAT THIS SKETCH AND DESCRIPTION tARS Richard D.Pryce
ARED UNDER MY DIRECTION AND IS IN COMPLIANCE '4Kj...)*1
d . Date:2022.05.23
WITH CHAPTER b.-t7,FLORIDA AOIAPYSTRATIVE CODE Wt'f
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14 ORDINANCE#2023-003