HomeMy WebLinkAboutR-2023-043 Broward County Interlocal Agreement - Airport Zoning RegulationsRESOLUTION NO. 2023-�J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH
BROWARD COUNTY RELATING TO AIRPORT ZONING REGULATIONS,
FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the proposed interlocal agreement is entered pursuant to Section 163.01,
Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969' ; and
WHEREAS, it is the purpose and intent of the Parties to permit County and City to make
the most efficient use of their respective powers, resources, and capabilities by enabling them to
cooperate on the basis of mutual advantage and thereby accomplish the objectives provided for
herein in the manner that will best accord with the existing resources available to each of them and
with the needs and developments within their respective jurisdictions; and
WHEREAS, Broward County owns and operates the Fort Lauderdale -Hollywood
International Airport and North Perry Airport, located in Broward County, Florida (individually
and collectively, referred to as "Airport"); and
WHEREAS, A portion of the airport hazard area, as defined in Section 333.01(4), Florida
Statutes, of the Airport, is located within City's and County's municipal limits; and
WHEREAS, the City of Dania Beach and Broward County are required by Section
333.03(1)(b), Florida Statutes, to either: (i) enter into an interlocal agreement to adopt, administer,
and enforce the airport zoning regulations; or (ii) adopt an ordinance, regulation, or resolution
creating a joint airport zoning board that shall adopt administer, and enforce a set of airport zoning
regulations; and
WHEREAS, pursuant to the requirements of Section 333.03(1)(b), Florida Statutes, the
Parties desire to enter into this Interlocal Agreement (ILA) to administer and enforce the Airport
Zoning Regulations (as defined herein) in the Broward County Code of Ordinances ("Code"); and
WHEREAS, the City Commission finds it in the best interest of the City to approve the
ILA;
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 the Interlocal Agreement between Broward County and the City of
Dania Beach for Airport Zoning Regulations is approved, in substantially the form attached as
Exhibit "A," together with such non -substantial changes as may be acceptable to the City Manager
and approved as to form and legality by the City Attorney.
Section 3. That the proper City officials are authorized to execute all necessary
documents and to take any necessary action to effectuate the intent of this Resolution.
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 9, 2023.
APPROVED AS TO FORM AND CORRECTNESS:
BUUTSIS
CLWATTORNEY
MAYOR
P?
RESOLUTION #2023 I13
EXHIBIT "A"
Return recorded document to:
Yesenia Alfonso, Assistant County Attorney
Broward County Attorney's Office
320 Terminal Drive, Suite 200
Fort Lauderdale, Florida 33315
Document prepared by:
Yesenia Alfonso, Assistant County Attorney
Broward County Attorney's Office
320 Terminal Drive, Suite 200
Fort Lauderdale, Florida 33315
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY
AND CITY OF DANIA BEACH FOR AIRPORT ZONING REGULATIONS
This Interlocal Agreement ("Agreement") is entered into by and between Broward
County, a political subdivision of the State of Florida ("County"), and City of Dania Beach, a Florida
municipal corporation, created and existing underthe laws of the State of Florida ("City") (County
and City collectively referred to as the "Parties").
RECITALS
A. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, also
known as the "Florida Interlocal Cooperation Act of 1969."
B. It is the purpose and intent of the Parties to permit County and City to make the
most efficient use of their respective powers, resources, and capabilities by enabling them to
cooperate on the basis of mutual advantage and thereby accomplish the objectives provided for
herein in the manner that will best accord with the existing resources available to each of them
and with the needs and developments within their respective jurisdictions.
C. County owns and operates the Fort Lauderdale -Hollywood International Airport
and North Perry Airport, located in Broward County, Florida (individually and collectively,
referred to as "Airport").
D. A portion of the airport hazard area, as defined in Section 333.01(4), Florida
Statutes, of the Airport, is located within City's and County's municipal limits.
E. City and County are required by Section 333.03(1)(b), Florida Statutes, to either:
(i) enter into an interlocal agreement to adopt, administer, and enforce the airport zoning
regulations; or (ii) adopt an ordinance, regulation, or resolution creating a joint airport zoning
board that shall adopt, administer, and enforce a set of airport zoning regulations.
1
F. Pursuant to the requirements of Section 333.03(1)(b), Florida Statutes, the Parties
desire to enter into this Agreement to administer and enforce the Airport Zoning Regulations (as
defined herein) in the Broward County Code of Ordinances ("Code").
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. BACKGROUND: PURPOSE AND INTENT
1.1 The Parties agree and stipulate that the foregoing recitals are true and correct, and are
incorporated herein by reference.
1.2 The purpose and intent of this Agreement is for County and City, pursuant to
Section 163.01, Florida Statutes, as amended, to cooperate and provide for a means by which
each governmental entity may exercise its respective powers, privileges, and authorities in order
to comply with Section 333.03, Florida Statutes.
ARTICLE 2. AIRPORT ZONING REGULATIONS
2.1 Airport Zoning Regulations. Pursuant to the procedures specified in Section 333.05,
Florida Statutes, City shall administer and enforce Section 5-182.10 of the Code and any
regulations enacted by City applicable within its jurisdiction and governing the use of land on,
adjacent to, or in the immediate vicinity of the Airport, in compliance with Chapter 333, Florida
Statutes ("Airport Zoning Regulations").
2.2 Notice Provided to County. City shall, in writing, notify County of the following:
A. Amendments. City must disclose to County any proposed amendment to City's
Comprehensive Plan, Future Land Use Map, Official Zoning Map, zoning regulations, or
Airport Zoning Regulations, that may directly or indirectly affect property within the
airport hazard area as defined in Section 333.01(4), Florida Statutes (collectively, "Plan,
Map, or Regulations"), no later than thirty (30) calendar days prior to the date set for any
public hearing to consider the proposed amendment to the Plan, Map, or Regulations.
City shall consider any comments received by County before making its final decision
regarding the amendment to the Plan, Map, or Regulations.
B. Development Review. City and County acknowledge their respective obligations
to administer and enforce the Airport Zoning Regulations. City shall initially screen the
development or object of natural growth project applications ("Application") that are
within its jurisdiction and in the Airport Hazard Areas (as defined in Section 5-201 of the
Code), and if any Application has the potential to create an Airport Hazard or Incompatible
Use of Land, as described in Chapter 333, Florida Statutes, City shall notify County of the
Application. City shall notify each applicant that the applicant must also comply with
County's Obstruction Approval requirements, as set forth in Section 5-182.10(c) of the
Code, for the Application. The applicant must send any modification to the Application
that has the potential to create an Airport Hazard or Incompatible Use of Land, as
described in Chapter 333, Florida Statutes, to County for additional review. The Airport
Hazard Area is outlined in the Airspace Imaginary Surfaces Composite Map, as referenced
in Section 5-182.10(d) of the Code.
2.3 Obstruction Approval. The Parties agree that no development permit shall be issued for
the development, construction, establishment, enlargement, substantial alteration, or repair of
a structure or an object of natural growth that may be considered a hazard or obstruction to air
navigation, as determined by County, unless an Obstruction Approval determination is granted
by County, pursuant to Section 5-182.10(c) of the Code.
ARTICLE 3. GOVERNMENTAL IMMUNITY
Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall
anything included herein be construed as consentto be sued bythird parties in any matter arising
out of this Agreement. City and County are state agencies or political subdivisions as defined in
Chapter 768.28, Florida Statutes, and agree to be fully responsible for the acts and omissions of
their agents or employees to the extent required by law.
ARTICLE 4. MISCELLANEOUS
4.1 Joint Preparation. The preparation of this Agreement has been a joint effort of the Parties
and the resulting document shall not, solely as a matter of judicial construction, be construed
more severely against one of the Parties than the other.
4.2 Entire Agreement and Modification. This Agreement incorporates, supersedes, and
includes all prior negotiations, correspondence, conversations, agreements, or understanding
applicable to the matter contained herein. It is further agreed that no change, alteration, or
modification in the terms and conditions contained herein shall be effective unless contained in
a written document executed with the same formality and of equal dignity herewith.
4.3 Third -Party Beneficiaries. Neither City nor County intends 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.
4.4 Public Records. The Parties shall comply with all public records requirements of
Chapter 119, Florida Statutes, as may be required by law. City shall maintain the records, books,
documents, and papers associated with this Agreement in accordance with Chapter 119, Florida
Statutes.
IF CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
(954) 359-6100, JCHAMBERS@BROWARD.ORG AND ALSO COPY
CONTACTFLL@BROWARD.ORG, 320 TERMINAL DRIVE, SUITE 200, FORT
LAUDERDALE, FLORIDA 33315.
4.5 Recording and Filing. This Agreement shall be recorded in the public records of Broward
County, at County's expense, in accordance with the Florida Interlocal Cooperation Act of 1969,
and filed with the Florida Department of Transportation, pursuant to Section 333.03(3), Florida
Statutes. The effective date of this Agreement shall be upon its recordation in the Official Records
of Broward County.
4.6 Default. In the event of any default or breach of any of the terms of this Agreement, it is
specifically acknowledged and agreed that either party shall, in addition to all other remedies
which may be available in law or equity, have the right to enforce this Agreement by specific
performance, injunctive relief, prohibition, or mandamus to compel the other party to abide by
the terms of this Agreement.
4.7 Notices. Unless otherwise stated herein, for notice to a party to be effective under this
Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight
delivery, each with a contemporaneous copy via email, to the addresses listed below and shall
be effective upon mailing or hand delivery (provided the contemporaneous email is also sent).
Addresses and email addresses may be changed by the applicable party giving notice of such
change in accordance with this section.
FOR COUNTY:
Broward County Aviation Department
Attn: Airport Development - Airspace Review
320 Terminal Drive, Suite 200
Fort Lauderdale, Florida 33315
Email address: airspacereview@braward.org
FOR CITY:
City of Dania Beach
Attn: Community Development Director
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
Email address: enorena@daniabeachfl.gov
with a copy to:
Eve A. Boutsis, City Attorney
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
Email Address: Eboutsis@daniabeachfl.gov
I,
4.8 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and
construed 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 HEREBY EXPRESSLY
WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO
THIS AGREEMENT.
4.9 Conflict. In the event that this Agreement conflicts with any other agreement pertaining
to the Airport Zoning Regulations, the Parties agree that the terms and conditions contained in
this Agreement shall prevail.
4.10 Governing Statutes. Chapter 333, Florida Statutes, and Title 14, C.F.R. Part 77, Safe,
Efficient Use, and Preservation of the Navigable Airspace, subpart C, including as amended, shall
be utilized to clarify any ambiguities with regard to relevant aspects of the Agreement, including
its scope, use, obstruction standards, and definitions.
4.11 Counterpart Originals. The Parties agree that this Agreement may be executed in
counterparts, whether signed physically or electronically, and that collectively the counterparts
shall be considered an original agreement and shall be deemed legally sufficient and binding
upon the Parties.
4.12 Severability. If any part of this Agreement is found to be unenforceable by any court of
competent jurisdiction, that part shall be deemed severed from this Agreement and the balance
of this Agreement shall remain in full force and effect.
(The remainder of this page is intentionally left blank.)
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County
Administrator, authorized to execute same by Board action on the 13th day of December, 2022,
and City, signing by and through its , duly authorized to execute same.
COUNTY
BROWARD COUNTY, by and through
its County Administrator
0
County Administrator
day of , 20_
Approved as to form by
Andrew J. Meyers
Broward County Attorney
320 Terminal Drive, Suite 200
Fort Lauderdale, Florida 33315
Telephone: (954) 359-6100
Z
Yesenia Alfonso (Date)
Assistant County Attorney
By
Sharon V. Thorsen (Date)
Senior Assistant County Attorney
YA/ch
ILA City of Dania Beach
04/17/23
80071.0122
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY
AND CITY OF DANIA BEACH FOR AIRPORT ZONING REGULATIONS
CITY OF DANIA BEACH
ATTEST:
CITY
M.
ARCHIBALD J. RYAN IV, CITY MAYOR
ELORA RIERA, MMC, CITY CLERK Print Name
I HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subject to execution by the parties:
Eve A. Boutsis, City Attorney
32
ANA M. GARCIA, CITY MANAGER
Print Name
day of 12023
7