HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-124Temp. Reso. 11256
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7- August 8, 2007
RESOLUTION NO. /
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE INTERLOCAL
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
BROWARD COUNTY TO PROVIDE FOR THE IMPLEMENTATION
OF THE ANNEXATION OF BONIELLO GARDENS INTO THE CITY
OF TAMARAC; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 10, 2007, the Tamarac City Commission
(hereinafter referred to as the "City"), adopted Ordinance 0-2007-02 which
called for a referendum election to annex several areas of unincorporated
Broward County into the City, including the area known as Boniello Gardens;
and
WHEREAS, the voters within the Boniello Gardens Annexation Area
voted in favor of the annexation, and on March 27, 2007, the Broward County
Canvassing Board certified the results of the referendum election in favor of
annexation; and
WHEREAS, the annexation will become effective on September 15,
2007, and in order to implement the annexation, it is necessary for the City to
enter into an Interlocal Agreement with Broward County ("Interlocal
Agreement") in order to address the continued provision of various services to
the residents of Boniello Gardens; and
Temp. Reso. 11256
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August 8, 2007
WHEREAS, the City Commission has determined that it is in the City's
best interest to enter into the Interlocal Agreement with Broward County for the
implementation of the annexation of Boniello Gardens, a copy of which is
attached hereto as Exhibit "A", and incorporated herein by reference; and
WHEREAS, the City Commission finds that it is in the best interest of
the health, safety, and welfare of the citizens and residents of the City of
Tamarac, to enter into the Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
Section 2. The City Commission of the City of Tamarac, Florida hereby
approves the Interlocal Agreement between Broward County and the City of
Tamarac to Implement Annexation of Boniello Gardens, a copy of which is
attached hereto as Exhibit "A", and incorporated herein by reference, and
authorizes the Mayor or Vice -Mayor to sign the Interlocal Agreement, and for City
Manager and City staff to take any and all action necessary to effectuate the
intent of this Resolution.
Section 3. The City Clerk is hereby directed to provide a signed copy of
the Interlocal Agreement to the appropriate Broward County Representative.
1
1
Temp. Reso. 11256
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August 8, 2007
Section 4. All resolutions or parts of resolutions on in conflict herewith
be, and the same are hereby repealed to the extent of such conflict.
Section S. If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
Section 6. This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED THIS _c2A�DAY OF ,
2007.
BETH FLANSBAUM -TALAB SCO, AYOR
ATTEST:
ARION SWENSON, VO'
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM—TALABISCO
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS—GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that I have
ap rov this ESOLUTION as to form.
S UEL S. GOREN,
r'CITY ATTORNEY
SSG:DNT:
dntH:\2005\050164 TAMARAC\RESO 2007\2007-_ (County ILA for Boniello Annex).doc
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY and the CITY OF TAMARAC
to
IMPLEMENT ANNEXATION OF BONIELLO GARDENS
This is an Interlocal Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY,"
1Z No
The CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter
referred to as "CITY."
WHEREAS, in order to establish the background, context, and frame of reference for
this Agreement and to provide a general background regarding the objectives and intentions
of COUNTY and CITY, the following statements, representations, and explanations are
predicates for the undertakings and commitments included within the provisions which follow
and shall be construed as essential elements of the mutual considerations upon which this
Interlocal Agreement is based; and
WHEREAS, it is the purpose and intent of this Agreement for COUNTY and CITY to
provide for a means by which each governmental entity may exercise cooperatively its
respective powers and privileges in order to further a common goal; and
WHEREAS, this Agreement is an Interlocal Agreement entered into pursuant to
Section 163.01, Florida Statutes (2004), the Florida Intergovernmental Cooperation Act of
1969, as amended. Prior to the effectiveness of any provisions of this Agreement and any
amendments hereto, this Agreement including any amendments shall be filed as provided by
Section 163.01(11); and
WHEREAS, the purpose and intent of this Agreement is to provide for transition of the
voter -approved annexation pursuant to City of Tamarac Ordinance 0-2007-02 from COUNTY
to CITY including any and all traditional municipal services unless otherwise provided herein,
and as more particularly described in Exhibit "A", attached hereto; and
WHEREAS, pursuant to City of Tamarac Ordinance 0-2007-02 the annexation will
become effective on September 15, 2007; and
WHEREAS, it is in the best interests of CITY and COUNTY to ensure a smooth
transition of services and facilities from COUNTY to CITY.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, COUNTY and CITY agree as follows:
FTL 1169133:2
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement — means this document, Articles 1 through 8 inclusive. Other terms and
conditions are included in the exhibits and documents that are expressly incorporated
by reference.
1.2 Board — The Broward COUNTY Board of COUNTY Commissioners.
1.3 CITY Contract Administrator — The Tamarac City Manager, or his/her designee, is the
CITY Contract Administrator. The primary responsibilities of the CITY Contract
Administrator are to coordinate and communicate with COUNTY and to manage and
supervise execution and completion of the Scope of Services and the terms and
conditions of this Agreement as set forth herein. In the administration of this
Agreement, as contrasted with matters of policy, all parties may rely on the instructions
or determinations made by the CITY Contract Administrator; provided, however, that
such instructions and determinations do not change the Scope of Services.
1.4 COUNTY Contract Administrator -- The Broward COUNTY Administrator, or his/her
designee, is the COUNTY Contract Administrator. The primary responsibilities of the
COUNTY Contract Administrator are to coordinate and communicate with CITY and to
manage and supervise execution and completion of the Scope of Services and the
terms and conditions of this Agreement as set forth herein. In the administration of this
Agreement, as contrasted with matters of policy, all parties may rely on the instructions
or determinations made by the COUNTY Contract Administrator; provided, however,
that such instructions and determinations do not change the Scope of Services.
ARTICLE 2
SCOPE OF SERVICES
2.1 CITY shall perform all work, tasks, functions and services identified to be performed by
CITY in this Agreement and in Exhibit "A", and COUNTY shall perform all work, tasks,
functions, and services identified to be performed by COUNTY in this Agreement and
in Exhibit "A." The parties agree that the Scope of Services is a description of their
obligations and responsibilities and is deemed to include preliminary considerations
and prerequisites, and all labor, materials, equipment, work, tasks, functions, and
services which are such an inseparable part of the matter described that exclusion
would render performance by the party obligated impractical, illogical or
unconscionable.
FTL:1169133:2 2
2.2 CITY acknowledges and agrees that the COUNTY Contract Administrator has no
authority to make changes that would increase, decrease, or otherwise modify the
Scope of Services to be provided under this Agreement. Likewise, COUNTY
acknowledges and agrees that the CITY Contract Administrator has no authority to
make changes that would increase, decrease, or otherwise modify the Scope of
Services to be provided under this Agreement.
ARTICLE 3
EFFECTIVENESS; TERM AND TIME OF PERFORMANCE
3.1 This Agreement shall become effective only upon being executed by all of the parties
and, shall be further expressly subject to the annexation of the Property. If this
Agreement becomes effective, the term, and the obligations hereunder, shall begin on
the effective date of this Agreement and shall end upon completion of the performance
of COUNTY obligations under this Agreement. COUNTY obligations under this
Agreement shall terminate with the expiration of this Agreement except as provided in
Exhibit A. Notwithstanding any other provision, the parties' obligations under this
Agreement shall not extend beyond September 30, 2008.
3.2 Time shall be deemed to be of the essence in performing the duties, obligations and
responsibilities required by this Agreement.
ARTICLE. 4
CHANGE IN SCOPE OF SERVICS
Any change to the Scope of Services must be accomplished by a written amendment,
executed by CITY and COUNTY in accordance with Section 8.15 below.
ARTICLE 5
GOVERNMENTAL IMMUNITY
CITY is a Florida municipality, 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 or political subdivision of the State of Florida to be sued by third parties in any
matter arising out of this Agreement or any other contract. Likewise, COUNTY is a
political subdivision 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 or political subdivision of the State of
Florida to be sued by third parties in any matter arising out of this Agreement or any
other contract.
FTL:1169133:2 3
ARTICLE 6
INSURANCE
CITY is a Florida municipality, and CITY shall furnish the COUNTY Contract
Administrator with written verification of liability protection in accordance with state law
prior to final execution of said Agreement. COUNTY is a political subdivision as
defined by Section 768.28, Florida Statutes, and COUNTY shall furnish the CITY
Contract Administrator with written verification of liability protection in accordance with
state law prior to final execution of said Agreement.
ARTICLE 7
TERMINATION
This Agreement may be terminated for cause by action of COUNTY or by CITY if, after
written notice from the aggrieved party identifying the breach, the party in breach has
not corrected the breach within thirty (30) days or if the nature of the breach is such
that it cannot be corrected within thirty (30) days, the party in breach has not
commenced and diligently pursued action to promptly correct the breach. Termination
of this Agreement shall not cause any interest in real or personal property that was
transferred to CITY to revert to COUNTY and shall not cause any transfer of municipal
services, or obligations transferred from COUNTY to CITY to revert to COUNTY.
Notice of termination shall be provided in accordance with the "NOTICES" section of
this Agreement.
ARTICLE 8
MISCELLANEOUS
8.1 OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, and other data and documents created in
connection with this Agreement are and shall remain the property of the party that
created same and will be made available to the other party for inspection or use at no
cost.
FTL:1169133:2 4
8.2 AUDIT AND RETENTION OF RECORDS
CITY and COUNTY shall have the right to audit the books, records, and accounts that
are related to this Agreement. CITY and COUNTY shall keep such books, records,
and accounts as may be necessary in order to record complete and correct entries
related to this Agreement.
CITY and COUNTY shall preserve and make available, at reasonable times for
examination and audit, all financial records, supporting documents, statistical records,
and any other documents pertinent to this Agreement for the required retention period
of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if
the Florida Public Records Act is not applicable, for a minimum period of three (3)
years after termination of this Agreement. If any audit has been initiated and audit
findings have not been resolved at the end of the retention period or three (3) years,
whichever is longer, the books, records, and accounts shall be retained until resolution
of the audit findings.
8.3 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY AND AMERICANS
WITH DISABILITIES ACT
CITY and COUNTY shall not unlawfully discriminate against any person in its
operation and activities or in its use or expenditure of funds in fulfilling its obligations
under this Agreement. CITY and COUNTY shall comply with all applicable provisions
of the Americans with Disabilities Act (ADA) in the course of providing any services
funded, including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines and standards.
CITY's and COUNTY'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 1/2), national
origin, marital status, physical or mental disability, political affiliation, or any factor
which cannot be lawfully used as a basis for service delivery.
CITY and COUNTY shall not engage in or commit discriminatory practice in violation
of the Broward COUNTY Human Rights Act (Broward County Code, Chapter 16 1/2) in
performing any services pursuant to this Agreement.
8.4 INDEPENDENT CONTRACTOR
CITY and COUNTY are independent contractors under this Agreement. Services
provided by CITY and COUNTY pursuant to this Agreement shall be subject to the
supervision of CITY and COUNTY. In providing such services, neither CITY nor
COUNTY or its agents shall act as officers, employees, or agents of CITY or
COUNTY. This Agreement shall not constitute or make the parties a partnership or
joint venture.
FTL:1169133:2 5
8.5 THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intends to directly or substantially benefit a third party by
this Agreement. Therefore, the parties agree that there are no third party beneficiaries
to this Agreement and that no third party shall be entitled to assert a claim against
either of them based upon this Agreement. The parties expressly acknowledge that it
is not their intent to create any rights or obligations in any third person or entity under
this Agreement.
8.6 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 acknowledgement 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 BROWARD COUNTY:
Pamela Brangaccio, County Administrator
Government Center, Suite 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
Jeffrey L. Miller, City Manager
7525 N.W. 88t" Avenue
Tamarac, FL 33321-2401
COPY TO
Samuel S. Goren, City Attorney
3088 E. Commercial Blvd, Suite 200
Fort Lauderdale, FL 33308
8.7 ASSIGNMENT
Neither this Agreement nor any interest herein shall be assigned, transferred or
encumbered by either party.
FTL:1169133:2 6
8.8 WAIVER OF BREACH
Neither COUNTY's nor CITY's failure to enforce any provision of this Agreement shall
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.
8.9 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 pursuant to this
Agreement. Likewise, COUNTY shall comply with all federal, state, and local laws,
codes, ordinances, rules, and regulations in performing its duties, responsibilities and
obligations pursuant to this Agreement.
8.10 SEVERANCE
In the event this Agreement or a material provision of this Agreement is found by a
court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining
provisions shall continue to be effective.
8.11 JOINT PREPARATION AND INTERPRETATION
The parties acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to expresses their mutual
intent 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.
8.12 CONSTRUCTION OF AGREEMENT
The truth and accuracy of each "Whereas" clause set forth above is acknowledged by
the parties and same are hereby incorporated into and made a part of this Agreement.
It is the intent of the parties that this Agreement shall be liberally construed and
interpreted consistent with the "Whereas" clauses set forth herein so as to fully
effectuate its purposes and intent.
FTL:1169133:2 7
8.13 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 8 of this Agreement shall prevail and be given
effect.
8.14 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 the Seventeenth Judicial Circuit state court in and for Broward County, Florida.
8.15 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Agreement and executed by the Board and the governing body
of CITY.
8.16 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained
in this document. Accordingly, the parties agree that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements, whether oral
or written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless set forth in writing in
accordance with Section 8.15 above.
8.17 REMEDIES
If either COUNTY or CITY is in default hereunder, the non -defaulting party shall be
entitled to pursue any and all available legal and equitable remedies including, without
limitations, the remedy of specific performance of any term, condition, or obligation of
this Agreement.
FTL:1169133:2 g
8.18 INCORPORATION OF EXHIBITS
The attached Exhibits "A" and °B" are incorporated into and made a part of this
Agreement.
8.19 RECORDATION OF AGREEMENT
This Agreement may be recorded in the Official Records of Broward COUNTY,
Florida, if either party so desires.
8.20 MULTIPLE ORIGINALS
This Agreement may be fully executed in four (4) copies by all parties, each of which,
bearing original signatures, shall have the force and effect of an original document.
FTL:1169133:2 9
INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC TO
IMPLEMENT THE ANNEXATION OF THE BONIELLO GARDENS INTO THE CITY
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
Mayor or Vice -Mayor, authorized to execute same by Board action, and CITY, signing by and
through its Mayor and City of Tamarac Clerk duly authorized to execute same.
ATTEST:
i
By Kard County Admini:
x-officio Clerk of the Br
County Board of County
Commissioners
Insurance Requirements
Approved by Broward COUNTY
Risk Management Division
BV;11 ,
luelINTFINVA
BROWARD COUNTY, by and through
it's Board of County Commissioners
'ti
Day of
IJ7F.
_,2007
Approved as to form by:
Jeffrey J. Newton, County Attorney
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: _(q54) 357-7641
�-Jq-07
FTL 1169133:2 10
INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC
TO IMPLEMENT THE ANNEXATION OF BONIELLO GARDENS INTO THE CITY
CITY
City Clerk
Approved As To Form:
CITY OF TAMARAC, FLORIDA
W.'mnor/
,✓
M/
ay of , 2007
(SEAL)
City Attorney
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this cj& day of
2007 by 2&-rw ejA&SZV&r y s Mayor of the CITY of Tamarac, a
Florid municipal corporation, on behalf of the municipal corporation, who is personally
known to me.
'►�'�' ''°•.
Patricia A. Tedel
,.
Commission #DD244811
Expires: , 2007 Notary Public, State of Flo ida
Bondedded Thr
Atlantic Bonding Co., lnc.
H:\2006\060485\Tamarac Boniello Gardens Agreement FINAL.doc
FTL:1169133:2 11
OBLIGATIONS OF CITY AND COUNTY
1. Types of Services_Transitioned to CITY - Except as otherwise provided in this Agreement,
CITY shall be responsible for the following services in the annexed areas on October 1,
2007:
• Building Code Enforcement
• Zoning Code Enforcement
• Occupational Licenses
• Planning, Zoning and Development Review
• Neighborhood Parks and Recreation
• Housing and Community Development
• Garbage Collection
• School Guards
• Maintenance of Roads and Rights -of -way and Associated Stormwater Structures
• Street Lighting
• Fire Rescue (currently provided by BSO)
• Police Service (currently provided by BSO)
2. Building Code Services — All applications for building permits submitted prior to the
effective date of this Agreement shall be reviewed, issued, inspected and finalized by
COUNTY, including expired building permits, which are renewed. Upon the issuance of a
certificate of occupancy by COUNTY, any further enforcement of the Broward County
Code of Ordinances shall be performed by CITY. All applications for building permits
submitted after the effective date of this Agreement shall be reviewed, issued, inspected,
and finalized by CITY. COUNTY shall continue to monitor and enforce all outstanding
building code violations including issuance of building permits and inspections required to
rectify outstanding violations. Upon annexation, the CITY's Code of Ordinances shall
apply within the annexed area. By October 1, 2007, the COUNTY will provide the CITY
with a report of all pending building permits and building permit applications.
3. Zoning Code Services - On October 1st of the year in which the annexation becomes
effective, COUNTY shall provide all outstanding zoning violations to CITY. In addition, all
active non -expired permits and certificates of use that are outstanding on October 1st of
the year the annexation becomes effective will be finalized and inspected by the COUNTY.
Following October 1st of the effective date of the annexation, building inspectors will no
longer provide any inspections related to the zoning certificate of use program, which
certificate of use program will be assumed by CITY. Zoning designations under the
Broward County Zoning Code shall remain in effect until CITY adopts an ordinance
changing the zoning designations. Upon annexation, CITY shall be responsible for
enforcement of all other provisions of the CITY'S Code of Ordinances, site plan review,
variances, certificates of use and zoning permits within the annexed area.
FTL:1169133:2 1
4. En ineerin and Right -of -Way Management - In accordance with, and subject to the
exceptions set forth in City of Tamarac Ordinance 0-2007-02, all public roads and the
public rights -of -way associated therewith, on the Broward County Road System, lying
within the limits of the annexed lands as described in Exhibit B are transferred from
COUNTY jurisdiction to the jurisdiction of CITY, hereinafter referred to as "Transferred
Roads." All rights, title, interests, and responsibilities for the Transferred Roads, including,
but not limited to, the ownership, operation, maintenance, planning, design, and
construction of said public roads and the rights -of -way associated therewith, are deemed
transferred from COUNTY's jurisdiction and ownership to the jurisdiction and ownership of
CITY upon the effective date of the annexation. All storm sewers and associated
stormwater outfalls serving roads that are transferred to CITY as part of the annexation
shall be owned and maintained by the CITY.
All outstanding Engineering Division permits concerning right-of-way shall be inspected
and finalized by COUNTY. Bonds held by COUNTY for outstanding Engineering Division
permits will be maintained by COUNTY until successful completion of the one-year
warranty maintenance period. Any work in the right-of-way of a Transferred Road
submitted for permit after the effective date of this agreement shall be issued, inspected,
and finalized by CITY.
5. Street Maintenance — COUNTY agrees to continue to maintain the Transferred Roads as
described in Section 4 until October 1, 2007. CITY hereby acknowledges that CITY will
assume responsibility for maintenance of the Transferred Roads as described in Section 4
above beginning October 1, 2007.
6. Planning and Development Review — CITY shall be responsible for the review of all plats
within the annexed area which have not been approved by the Broward County Board of
County Commissioners upon the effective date of the annexation. All plats approved by
the Broward County Board of County Commissioners prior to the effective date of the
annexation shall be entitled to be recorded as if such a plat was still subject to review by
COUNTY. CITY shall be responsible for neighborhood planning as of the effective date of
this Agreement. CITY shall be responsible for the review of all final site plan applications
which have not received a development order from COUNTY prior to the effective date of
this Agreement.
The Future Unincorporated Land Use Element of the Broward County Comprehensive
Plan shall remain in effect until CITY adopts an ordinance changing such land use
designation by a majority plus one of the full governing body of CITY. Upon annexation,
CITY shall be responsible for implementation and administration of the Future
Unincorporated Land Use Element of the Broward County Comprehensive Plan within the
annexed area. All applications for rezoning shall continue to be processed by COUNTY
until the annexation becomes effective.
FTL:1169133:2 2
7. Allocation of Revenues — CITY shall initiate and coordinate with COUNTY the notification
and filing process to ensure that all Municipal, COUNTY and State revenue sources listed
below are transitioned to CITY on October 1, 2007. COUNTY shall make provisions for
per capita revenue sharing payments to CITY on behalf of the annexed area until that point
in time at which all State of Florida, COUNTY and Municipal revenue sharing sources
based on population formulas recognize the population of the annexed area as part of the
CITY of Tamarac and that recognition is reflected in CITY's annual share of State
revenues.
• Electric Utility Taxes
• Communication Services Taxes
• Electric Franchise Fees
• State Revenue Sharing
• Gas Taxes
• Sales Tax
8. Transfer of Records — All records will be transferred to CITY commencing September 15,
2007 and proceed continuously until all records in the annexation area are transferred to
CITY based on a mutually agreed upon schedule. By October 1, 2007, the COUNTY will
provide the CITY with a record of all outstanding code enforcement matters related to
properties located within the annexation area.
9. Garbage Collection - COUNTY shall provide waste collection and recycling services to
properties covered by the County's Mandatory Collection program through September 30,
2007. COUNTY shall accrue all garbage collection residential and commercial franchise
fees and other applicable revenues for services through September 30, 2007. County shall
pay CITY $3,780 for solid waste assessments collected for single family home service from
October 1, 2007 through December 31, 2007.
10. Drainage Improvements — COUNTY will complete drainage improvements currently
underway in Boniello Gardens at COUNTY's cost. As part of the drainage improvements,
the COUNTY will resurface the pavement and reconstruct/restore the sidewalks and swales
affected by the drainage improvement construction.
FTL 1169133:2 3
EXHIBIT B
(Legal Description)
FTL:1169133:2
Prospect Field Road/West Commercial Blvd. Annexation Boundary
Description
A portion of Section 17, Township 49 South, flange 42 East, Broward County, Florida, more particularly described
as follows:
BEGIN at the point of intersection of the North line of the Southeast One -Quarter (SE 114) of the Northeast
One-Quarter(NE 114) of said Section 17 with the East line of the West One -Half (W %) of the Southeast Ogre -Quarter
(SE 114) of the Northeast One -Quarter (NE 114) of said Section 17, said point being on the municipal boundary of the
City of Tamarac, as established by Ordinance No. 0-81-17 of the City of Tamarac;
Thence along said municipal boundary the following 3 courses;
Thence Westerly, along said North ling, to a point 50.00 feet East of the West line of the Southeast One -Quarter (SE
114) of the Northeast One -Quarter (NE 114) of said Section 17;
Thence Southerly, along a line 50.00 feel East of and parallel with the West line of the Southeast One -Quarter (SE
114) of the Northeast One -Quarter (NE 114) of said section 17, said line being the East right of way line of Prospect
Field Road, to a point of intersection with the South line of the North One -Half (N 112) of the Northwest One -Quarter
(NW 114) of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section 17;
Thence Easterly, along said South line, to the Southeast corner of the North One -Half (N 112) of the Northwest
One -Quarter (NW 114) of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section
17, said point being on the municipal boundary of the City of Fort Lauderdale, as established by Chapter 71-640,
Laws of Florida;
Thence Northerly, along the East line of the Northwest One -Quarter (NW 114) of the Southeast One -Quarter (SE 114)
of the Northeast One -Quarter (NE 114) of said Section 17, and along said municipal boundary to the POINT OF
BEGINNING.
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BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION
Prospect Field Road/West Commercial Blvd. Annexation Boundary
Map of Description
North line of SE 114 Scale: Not to Scale
_ of NE 114 of Section 17 1 Section 17-49-42
PPOSPEGT FIELD ROAD
Municipal boundary
City of Tamarac `
(Ordinance No. 0-61.17)
P.O.B.
pRoSPECT FtF-1-D
COtN RC1 A1- BLVD•
South line of N 1/2, of
NW1/4, of SE 114 of
NE 114 of Section 17
Municipal boundary-/
City of Tamarac
(Ordinance No. 0-81-17)
w East R/W line
L
—ft ---. of Prospect
w Field Road
Cl
u�
c�
cy
West line of
SE 114, of NE 114
of Section 17
WEST COMMERCIAL BOULEVARD
CERTIFIEb
.BY:r�4-A4 I l
Richard Tornese, P.E.
Director
IdL
0.
a.a
va ca
N,
LEGEND:
Annexation legal description
boundary line
P,OA = Poinl of Beginning
RM✓ = Right of Way
E:1RW ANA:EXA77ONSU.ES PROJECTSIP OSPECr-W-COMM-RVA.DWG Sheet 2 of 2
NOTE: THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the 4.
"Prospect Field Road/West Commercial Blvd," Annexation description, There are no
monuments set in connection with the preparation of the information shown hereon. 1
Broward County makes no representation or guarantees as to the information shown 2,
hereon pertaining to easements, rrght-of Ways, setback lines, reservations, 1
agreements, etc., nor is 1t the intent of this instrument to reflect all such matters. Such
information should be obtained and confinned by others through appropriate title DATE REVISIONS BY
verification, Dravm ay.* tare ChaoAdd Sr- Dare
John P..W# J. 1 -f eM it ta
BR7WARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION
Boniello Gardens Annexation Boundary
Map of Des cri Lion
BY.,
FIELD ROAD
Municipal boundary
City of Tamarac `
(Ordinance No. 0-81-17)
North line of SE 114 -
of NE 114 of Section 17
P.O.B.
7.
GARDENS
gON1ELL0
South line of N 112, of
NW1/4, of SE 114 of
NE 114 of Section 17
Municipal boundary J
o
City of Tamarac
a
(Ordinance No. "1-17)
z
East R/W line
c~i
--a -- of Prospect
Field Road
West line of
SE 114, of NE 114
of Section 17
WEST COMMERCIAL BOULEVARD
CERTIFIED
RichatV Tomese, P.E.
Director
E:IRMANNEXATIONSILES PROJECTSIBONIELLO-GARDENS.DWG
NOTE. THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the
"Boniello Gardens" Annexation description. There are no monuments set in
connection with the preparation of the information shown hereon. Broward County
makes no representation or guarantees as to the information shown hereon
pertaining to easements, right-of-ways, setback lines, reservations, agreements, etc.,
nor is it the intent of this instrument to reflect all such matters. Such information
should be obtained and confirmed by others through appropriate title verification.
Scale: Not to Scale
Section 17-49-42
LEGEND:
= Annexation legal description
boundary line
P.O. B.
= Point of Beginning
R/W
= Right of Way
= Annexation area
Sheet 2 of 2
I DATE I REVISIONS I BY
BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION
CITY OF TAMARAC
MEMORANDUM NO.2007-092
TO: Andrew Berns,l✓conomic Development Officer
CC: Jeffrey Miller, City Manager
Michael Cernech, Deputy City Manager
Diane Phillips, Assistant City Manager
Marion Swenson, City Clerk
Jennifer Bramley, Community Development Director
FROM: Samuel S. Goren, City Attorney
David N. Tolces, Assistant City 11torje',
DATE: September 25, 2007
RE: City of Tamarac ("City") / Interlocal Agreement between Broward County and the
City of Tamarac to Implement Annexation of Boniello Gardens ("ILA")
Attached please find the signed copy of the above referenced ILA with Broward County regarding
the Boniello Gardens Annexation.
Please contact our office if you have any questions or require any additional information.
Enclosure(s)
SSG:DNT:js
HA200"50164 TAMARAC\MEMO 2007\2007-092 (annexation).doc
INTERLOCAL AGREEMENT =
Between
BROWARD COUNTY and the CITY OF TAMARAC
to
IMPLEMENT ANNEXATION OF BONIELLO GARDENS
This is an Interlocal Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY,"
AND
The CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter
referred to as "CITY."
WHEREAS, in order to establish the background, context, and frame of reference for
this Agreement and to provide a general background regarding the objectives and intentions
of COUNTY and CITY, the following statements, representations, and explanations are
predicates for the undertakings and commitments included within the provisions which follow
and shall be construed as essential elements of the mutual considerations upon which this
Interlocal Agreement is based; and
WHEREAS, it is the purpose and intent of this Agreement for COUNTY and CITY to
provide for a means by which each governmental entity may exercise cooperatively its
respective powers and privileges in order to further a common goal; and
WHEREAS, this Agreement is an Interlocal Agreement entered into pursuant to
Section 163.01, Florida Statutes (2004), the Florida Intergovernmental Cooperation Act of
1969, as amended. Prior to the effectiveness of any provisions of this Agreement and any
amendments hereto, this Agreement including any amendments shall be filed as provided by
Section 163.01(11); and
WHEREAS, the purpose and intent of this Agreement is to provide for transition of the
voter -approved annexation pursuant to City of Tamarac Ordinance 0-2007-02 from COUNTY
to CITY including any and all traditional municipal services unless otherwise provided herein,
and as more particularly described in Exhibit "A", attached hereto; and
WHEREAS, pursuant to City of Tamarac Ordinance 0-2007-02 the annexation will
become effective on September 15, 2007; and
WHEREAS, it is in the best interests of CITY and COUNTY to ensure a smooth
transition of services and facilities from COUNTY to CITY.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, COUNTY and CITY agree as follows:
FTL:1169133:2 1
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement — means this document, Articles 1 through 8 inclusive. Other terms and
conditions are included in the exhibits and documents that are expressly incorporated
by reference.
1.2 Board — The Broward COUNTY Board of COUNTY Commissioners,
1.3 CITY Contract Administrator — The Tamarac City Manager, or his/her designee, is the
CITY Contract Administrator. The primary responsibilities of the CITY Contract
Administrator are to coordinate and communicate with COUNTY and to manage and
supervise execution and completion of the Scope of Services and the terms and
conditions of this Agreement as set forth herein. In the administration of this
Agreement, as contrasted with matters of policy, all parties may rely on the instructions
or determinations made by the CITY Contract Administrator; provided, however, that
such instructions and determinations do not change the Scope of Services.
1.4 COUNTY Contract Administrator — The Broward COUNTY Administrator, or his/her
designee, is the COUNTY Contract Administrator. The primary responsibilities of the
COUNTY Contract Administrator are to coordinate and communicate with CITY and to
manage and supervise execution and completion of the Scope of Services and the
terms and conditions of this Agreement as set forth herein. In the administration of this
Agreement, as contrasted with matters of policy, all parties may rely on the instructions
or determinations made by the COUNTY Contract Administrator; provided, however,
that such instructions and determinations do not change the Scope of Services.
ARTICLE 2
SCOPE OF SERVICES
2.1 CITY shall perform all work, tasks, functions and services identified to be performed by
CITY in this Agreement and in Exhibit "A", and COUNTY shall perform all work, tasks,
functions, and services identified to be performed by COUNTY in this Agreement and
in Exhibit "A." The parties agree that the Scope of 'Services is a description of their
obligations and responsibilities and is deemed to include preliminary considerations
and prerequisites, and all labor, materials, equipment, work, tasks, functions, and
services which are such an inseparable part of the matter described that exclusion
would render performance by the party obligated impractical, illogical or
unconscionable.
FTLI169133:2 2
2.2 CITY acknowledges and agrees that the COUNTY Contract Administrator has no
authority to make changes that would increase, decrease, or otherwise modify the
Scope of Services to be provided under this Agreement. Likewise, COUNTY
acknowledges and agrees that the CITY Contract Administrator has no authority to
make changes that would increase, decrease, or otherwise modify the Scope of
Services to be provided under this Agreement.
ARTICLE 3
EFFECTIVENESS- TERM AND TIME OF PERFORMANCE
3.1 This Agreement shall become effective only upon being executed by all of the parties
and, shall be further expressly subject to the annexation of the Property. If this
Agreement becomes effective, the term, and the obligations hereunder, shall begin on
the effective date of this Agreement and shall end upon completion of the performance
of COUNTY obligations under this Agreement. COUNTY obligations under this
Agreement shall terminate with the expiration of this Agreement except as provided in
Exhibit A. Notwithstanding any other provision, the parties' obligations under this
Agreement shall not extend beyond September 30, 2008.
3.2 Time shall be deemed to be of the essence in performing the duties, obligations and
responsibilities required by this Agreement.
ARTICLE. 4
CHANGE IN SCOPE OF SERVICS
Any change to the Scope of Services must be accomplished by a written amendment,
executed by CITY and COUNTY in accordance with Section 8.15 below.
ARTICLE 5
GOVERNMENTAL IMMUNITY
CITY is a Florida municipality, 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 or political subdivision of the State of Florida to be sued by third parties in any
matter arising out of this Agreement or any other contract. Likewise, COUNTY is a
political subdivision 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 or political subdivision of the State of
Florida to be sued by third parties in any matter arising out of this Agreement or any
other contract.
FTLI 169133:2 3
ARTICLE 6
INSURANCE
CITY is a Florida municipality, and CITY shall furnish the COUNTY Contract
Administrator with written verification of liability protection in accordance with.state law
prior to final execution of said Agreement. COUNTY is a political subdivision as
defined by Section 768.28, Florida Statutes, and COUNTY shall furnish the CITY
Contract Administrator with written verification of liability protection in accordance with
state law prior to final execution of said Agreement.
ARTICLE 7
TERMINATION
This Agreement may be terminated for cause by action of COUNTY or by CITY if, after
written notice from the aggrieved party identifying the breach, the party in breach has
not corrected the breach within thirty (30) days or if the nature of the breach is such
that it cannot be corrected within thirty (30) days, the party in breach has not
commenced and diligently pursued action to promptly correct the breach. Termination
of this Agreement shall not cause any interest in real or personal property that was
transferred to CITY to revert to COUNTY and shall not cause any transfer of municipal
services, or obligations transferred from COUNTY to CITY to revert to COUNTY.
Notice of termination shall be provided in accordance with the "NOTICES' section of
this Agreement.
ARTICLE 8
MISCELLANEOUS
8.1 OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, and other data and documents created in
connection with this Agreement are and shall remain the property of the party that
created same and will be made available to the other party for inspection or use at no
cost.
FTL.1169133:2 4
8.2 AUDIT AND RETENTION OF RECORDS
CITY and COUNTY shall have the right to audit the books, records, and accounts that
are related to this Agreement. CITY and COUNTY shall keep such books, records,
and accounts as may be necessary in order to record complete and correct entries
related to this Agreement.
CITY and COUNTY shall preserve and make available, at reasonable times for
examination and audit, all financial records, supporting documents, statistical records,
and any other documents pertinent to this Agreement for the required retention period
of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if
the Florida Public Records Act is not applicable, for a minimum period of three (3)
years after termination of this Agreement. If any audit has been initiated and audit
findings have not been resolved at the end of the retention period or three (3) years,
whichever is longer, the books, records, and accounts shall be retained until resolution
of the audit findings.
8.3 NONDISCRIMINATION, EQUAL. EMPLOYMENT OPPORTUNITY AND AMERICANS
WITH DISABILITIES ACT
CITY and COUNTY shall not unlawfully discriminate against any person in its
operation and activities or in its use or expenditure of funds in fulfilling its obligations
under this Agreement. CITY and COUNTY shall comply with all applicable provisions
of the Americans with Disabilities Act (ADA) in the course of providing any services
funded, including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines and standards.
CITY's and COUNTY'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 1 /2), national
origin, marital status, physical or mental disability, political affiliation, or any factor
which cannot be lawfully used as a basis for service delivery.
CITY and COUNTY shall not engage in or commit discriminatory practice in violation
of the Broward COUNTY Human Rights Act (Broward County Code, Chapter 16 1/2) in
performing any services pursuant to this Agreement.
8.4 INDEPENDENT CONTRACTOR
CITY and COUNTY are independent contractors under this Agreement. Services
provided by CITY and COUNTY pursuant to this Agreement shall be subject to the
supervision of CITY and COUNTY. In providing such services, neither CITY nor
COUNTY or its agents shall act as officers, employees, or agents of CITY or
COUNTY. This Agreement shall not constitute or make the parties a partnership or
joint venture.
FTLA 169133:2 5
8.5 THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intends to directly or substantially benefit a third party by
this Agreement. Therefore, the parties agree that there are no third party beneficiaries
to this Agreement and that no third party shall be entitled to assert a claim against
either of them based upon this Agreement. The parties expressly acknowledge that it
is not their intent to create any rights or obligations in any third person or entity under
this Agreement.
8.6 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 acknowledgement 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 BROWARD COUNTY:
Pamela Brangaccio, County Administrator
Government Center, Suite 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
1101 ttel M
Jeffrey L. Miller, City Manager
7525 N.W. 88th Avenue
Tamarac, FL 33321-2401
COPY TO
Samuel S. Goren, City Attorney
3088 E. Commercial Blvd, Suite 200
Fort Lauderdale, FL 33308
8.7 ASSIGNMENT
Neither this Agreement nor any interest herein shall be assigned, transferred or
encumbered by either party.
FTLA 169133:2 6
8.8 WAIVER OF BREACH
Neither COUNTY's nor CITY's failure to enforce any provision of this Agreement shall
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.
8.9 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 pursuant to this
Agreement. Likewise, COUNTY shall comply with all federal, state, and local laws,
codes, ordinances, rules, and regulations in performing its duties, responsibilities and
obligations pursuant to this Agreement.
8.10 SEVERANCE
In the event this Agreement or a material provision of this Agreement is found by a
court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining
provisions shall continue to be effective.
8.11 JOINT PREPARATION AND INTERPRETATION
The parties acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to expresses their mutual
intent 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.
8.12 CONSTRUCTION OF AGREEMENT
The truth and accuracy of each "Whereas" clause set forth above is acknowledged by
the parties and same are hereby incorporated into and made a part of this Agreement.
It is the intent of the parties that this Agreement shall be liberally construed and
interpreted consistent with the "Whereas" clauses set forth herein so as to fully
effectuate its purposes and intent.
FTL.1169133:2 7
8.13 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 8 of this Agreement shall prevail and be given
effect.
8.14 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 the Seventeenth Judicial Circuit state court in and for Broward County, Florida.
8.15 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Agreement and executed by the Board and the governing body
of CITY.
8.16 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained
in this document. Accordingly, the parties agree that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements, whether oral
or written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless set forth in writing in
accordance with Section 8.15 above.
8.17 REMEDIES
If either COUNTY or CITY is in default hereunder, the non -defaulting party shall be
entitled to pursue any and all available legal and equitable remedies including, without
limitations, the remedy of specific performance of any term, condition, or obligation of
this Agreement.
FTL:1169133:2 8
8.18 INCORPORATION OF EXHIBITS
The attached Exhibits "A" and "B" are incorporated into and made a part of this
Agreement.
8.19 RECORDATION OF AGREEMENT
This Agreement may be recorded in the Official Records of Broward COUNTY,
Florida, if either party so desires.
8.20 MULTIPLE ORIGINALS
This Agreement may be fully executed in four (4) copies by all parties, each of which,
bearing original signatures, shall have the force and effect of an original document.
FTL:11691312 9
INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC TO
IMPLEMENT THE ANNEXATION OF THE BONIELLO GARDENS INTO THE CITY
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
Mayor or Vice -Mayor, authorized to execute same by Board action, and CITY, signing by and
through its Mayor and City of Tamarac Clerk duly authorized to execute same.
ATTEST:
i
Bf,p6ard County Admini;
x-officio Clerk of the Br
County Board of County
Commissioners
Insurance Requirements
Approved by Broward COUNTY
Risk Management Division
"'
COUNTY
BROWARD COUNTY, by and through
it's Board of County Commissioners
14
M Vd
Day of°-c�" '''r 2007
Approved as to form by:
Jeffrey J. Newton, County Attorney
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: _(4!54) 357-7641
0
R- aq-b7
FTL 1169133-2 10
INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC
TO IMPLEMENT THE ANNEXATION OF BONIELLO GARDENS INTO THE CITY
CITY
/r?
City Clerk
Approved As To Form-
Q fc a-.-. A 1 1
C;
STATE OF FLORIDA
COUNTY OF BROWARD
CITY OF TAMARAC, FLORIDA
ay of 2007
(SEAL)
City Attorney
The foregoing instrument was acknowledged before me this Cl& day of
2007 by Siaws Mayor of the CITY of Tamarac, a
Florid municipal corporation, on behalf of the municipal corporation, who is personally
known to me.
'►9w." � P> trie.ia A. Tedel
+. *� Commission #DD244811
Expires: Aug 25, 2007 Notary Public State of Florida
Bonded Thru
Atlantic Bonding Co., Inc.
N:\2006\060485\Tamarac Boniello Gardens Agreement FINAL doc
FTL 1169133:2 11
EXHIBIT A
OBLIGATIONS OF CITY AND COUNTY
1. Types of Services Transitioned to CITY - Except as otherwise provided in this Agreement,
CITY shall be responsible for the following services in the annexed areas on October 1,
2007:
• Building Code Enforcement
• Zoning Code Enforcement
• Occupational Licenses -
• Planning, Zoning and Development Review
• Neighborhood Parks and Recreation
• Housing and Community Development
• Garbage Collection
• School Guards
• Maintenance of Roads and Rights -of -way and Associated Stormwater Structures
• Street Lighting
• Fire Rescue (currently provided by BSO)
• Police Service (currently provided by BSO)
2. Building Cade „Services — All applications for building permits submitted prior to the
effective date of this Agreement shall be reviewed, issued, inspected and finalized by
COUNTY, including expired building permits, which are renewed. Upon the issuance of a
certificate of occupancy by COUNTY, any further enforcement of the Broward County
Code of Ordinances shall be performed by CITY. All applications for building permits
submitted after the effective date of this Agreement shall be reviewed, issued, inspected,
and finalized by CITY. COUNTY shall continue to monitor and enforce all outstanding
building code violations including issuance of building permits and inspections required to
rectify outstanding violations. Upon annexation, the CITY's Code of Ordinances shall
apply within the annexed area. By October 1, 2007, the COUNTY will provide the CITY
with a report of all pending building permits and building permit applications.
3. Zoning Code Services - On October 1st of the year in which the annexation becomes
effective, COUNTY shall provide all outstanding zoning violations to CITY. In addition, all
active non -expired permits and certificates of use that are outstanding on October Vt of
the year the annexation becomes effective will be finalized and inspected by the COUNTY.
Following October 15t of the effective date of the annexation, building inspectors will no
longer provide any inspections related to the zoning certificate of use program, which
certificate of use program will be assumed by CITY. Zoning designations under the
Broward County Zoning Code shall remain in effect until CITY adopts an ordinance
changing the zoning designations. Upon annexation, CITY shall be responsible for
enforcement of all other provisions of the CITY'S Code of Ordinances, site plan review,
variances, certificates of use and zoning permits within the annexed area.
FTL:1169133.2 1
4. En ineerin and Right -of -Way Management - In accordance with, and subject to the
exceptions set forth in City of Tamarac Ordinance 0-2007-02, all public roads and the
public rights -of -way associated therewith, on the Broward County Road System, lying
within the limits of the annexed lands as described in Exhibit B are transferred from
COUNTY jurisdiction to the jurisdiction of CITY, hereinafter referred to as "Transferred
Roads." All rights, title, interests, and responsibilities for the Transferred Roads, including,
but not limited to, the ownership, operation, maintenance, planning, design, and
construction of said public roads and the rights -of -way associated therewith, are deemed
transferred from COUNTY's jurisdiction and ownership to the jurisdiction and ownership of
CITY upon the effective date of the annexation. All storm sewers and associated
stormwater outfalls serving roads that are transferred to CITY as part of the annexation
shall be owned and maintained by the CITY.
All outstanding Engineering Division permits concerning right-of-way shall be inspected
and finalized by COUNTY. Bonds held by COUNTY for outstanding Engineering Division
permits will be maintained by COUNTY until successful completion of the one-year
warranty maintenance period. Any work in the right-of-way of a Transferred Road
submitted for permit after the effective date of this agreement shall be issued, inspected,
and finalized by CITY.
5. Street Maintenance ---- COUNTY agrees to continue to maintain the Transferred Roads as
described in Section 4 until October 1, 2007. CITY hereby acknowledges that CITY will
assume responsibility for maintenance of the Transferred Roads as described in Section 4
above beginning October 1, 2007.
6. Planning and Development Review — CITY shall be responsible for the review of all plats
within the annexed area which have not been approved by the Broward County Board of
County Commissioners upon the effective date of the annexation. All plats approved by
the Broward County Board of County Commissioners prior to the effective date of the
annexation shall be entitled to be recorded as if such a plat was still subject to review by
COUNTY. CITY shall be responsible for neighborhood planning as of the effective date of
this Agreement. CITY shall be responsible for the review of all final site plan applications
which have not received a development order from COUNTY prior to the effective date of
this Agreement.
The Future Unincorporated Land Use Element of the Broward County Comprehensive
Plan shall remain in effect until CITY adopts an ordinance changing such land use
designation by a majority plus one of the full governing body of CITY. Upon annexation,
CITY shall be responsible for implementation and administration of the Future
Unincorporated Land Use Element of the Broward County Comprehensive Plan within the
annexed area. All applications for rezoning shall continue to be processed by COUNTY
until the annexation becomes effective.
FTL:1169133.2 2
7. Allocation of Revenues — CITY shall initiate and coordinate with COUNTY the notification
and filing process to ensure that all Municipal, COUNTY and State revenue sources listed
below are transitioned to CITY on October 1, 2007. COUNTY shall make provisions for
per capita revenue sharing payments to CITY on behalf of the annexed area until that point
in time at which all State of Florida, COUNTY and Municipal revenue sharing sources
based on population formulas recognize the population of the annexed area as part of the
CITY of Tamarac and that recognition is reflected in CITY's annual share of State
revenues.
• Electric Utility Taxes
• Communication Services Taxes
• Electric Franchise Fees
• State Revenue Sharing
• Gas Taxes
• Sales Tax
8. Transfer of Records — All records will be transferred to CITY commencing September 15,
2007 and proceed continuously until all records in the annexation area are transferred to
CITY based on a mutually agreed upon schedule. By October 1, 2007, the COUNTY will
provide the CITY with a record of all outstanding code enforcement matters related to
properties located within the annexation area.
9. Garbage Collection_- COUNTY shall provide waste collection and recycling services to
properties covered by the County's Mandatory Collection program through September 30,
2007. COUNTY shall accrue all garbage collection residential and commercial franchise
fees and other applicable revenues for services through September 30, 2007. County shall
pay CITY $3,780 for solid waste assessments collected for single family home service from
October 1, 2007 through December 31, 2007,
10. Draina a Improvements — COUNTY will complete drainage improvements currently
underway in Boniello Gardens at COUNTY's cost. As part of the drainage improvements,
the COUNTY will resurface the pavement and reconstruct/restore the sidewalks and swales
affected by the drainage improvement construction.
FTL1169133 2 3
EXHIBIT B
(Legal Description)
FTLA 16913312
Prospect Field Road/West Commercial Blvd. Annexation Boundary
Description
,4 portion of Section 17, Township 49 South, Range 42 East. Broward County, Florida, more particularly described
as follows:
BEGIN at the point of intersection of the North line of the Southeast One -Quarter (SE 114) of the Northeast
One-Quarter{NE 114) of said Section 17 with the East line of the West One -Half (W /) of the Southeast One. -Quarter
(SE 114) of the Northeast One -Quarter (NE 114) of said Section 17, said point being on the municipal boundary of the
City of Tamarac, as established by Ordinance No. 0-81-17 of the City of Tamarac;
Thence along said municipal boundary the Wowing 3 courses;
Thence Westerly, along said North line, to a point 50.00 feet East of the West line of the Southeast One -Quarter (SE
114) of the Northeast One -Quarter (NE 114) of said Section 17;
'thence Southerly, along a fine 50.00 feet East of and parallel with the West line of the Southeast One -Quarter (SE
114) of the Northeast One -Quarter (NE 114) of said section 17, said line being the East right of way line of Prospect
Field Road, to a point of intersection with the South line of the North One -Half (N 112) of the Northwest One -Quarter
(NW 114) of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section i7;
Thence Easterly, along said South line, to the Southeast comer of the North One -Hatt (N 112) of the Northwest
One --Quarter (NW 114) of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (N€ 114) of said Section
17, said point being on the municipal boundary of the City of Fort Lauderdale, as established by Chapter 71-640,
Laws of Florida;
Thence Northerly, along the East line of the Northwest One -Quarter (NW 114) of the Southeast One -Quarter (SE 114)
of the Northeast One -Quarter (NE 114) of said Section 17,and along said municipal boundary to the POINT OF
BEGINNING.
Sheet 1 or 2
E:IRMANNFW-IONSZES ! ROJI C754PRDSF'E'Cr-fN-GQMM-BLVL7.DWC
BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION
4,
3.
z
f.
DATE
REV1SIONS
QY
im'm 8y
John P,-Dlri J.
Date Chucked BY
1U-17-D
bale
Boniello Gardens Annexation Boundary
BY.
Ma of Description
PROSPECT FIELD ROAD
Municipal boundary
City of Tamarac
(Ordinance No. 0-81-17)
North line of SE 114 -
of NE 114 of Section 17
P.O.B.
gON1E4l.D: GARDENS.:.
South line of N 112, of
NW1/4, of SE 114 of
NE 114 of Section 17
Municipal boundary J
City of Tamarac
It
(Ordinance No. 0-81-17)
0
LL
East R/W line
► �-- of Prospect
Q Field Road
0
4
West line of
SE 114, of NE 114
of Section 17
WEST COMMERCIAL BOULEVARD
CERTIFIED
Richard Tomese, P.E.
Director
E:IRWIANNEXATIONSILES PROJECTSIBONIELLO-GARDENS.DWG
NOTE. THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the
"Boniello Gardens" Annexation description. There are no monuments satin
connection with the preparation of the information shown hereon. Broward County
makes no representation or guarantees as to the information shown hereon
pertaining to easements, right-of-ways, setback lines, reservations, agreements, etc.,
nor is it the intent of this instrument to reflect all such matters. Such information
1
Scale: Not to Scale
Section 17-49-42
v
LEGEND:
= Annexation legal description
boundary line
P.O. R
= Point of Beginning
RAN
= Right of Way
= Annexation area
Sheet 2 of 2
4.
3.
2.
1.
should be obtained and confirmed by others through appropriate title verification. DATE REVISIONS BY
Drawn By: Date checked By. Defe
John P.-Diii J, _ 10-17-06 ,.._
BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION
Boniello Gardens Annexation Boundary
Map of Description
F-IYA
PROSPECT FIELD ROAD
Municipal boundary
City of Tamarac "-
(Ordinance No. 0-81-17)
North line of SE 114 -
of NE 114 of Section 17
P. Q. B,
gpN1EL40 GARDENS
South line of N 112, of
NW1/4, of SE 114 of
NE 114 of Section 17
Municipal boundary J
o City of Tamarac
O
a (Ordinance No. 0-81-17)
O
J
w East R/W line
v --a* of Prospect
w Field Road
a
W
O
a
4
West line of
SE 114, of NE 114
of Section 17
WEST COMMERCIAL BOULEVARD
CERTIFIED
Richard Tomese, P.E.
Director
E:IRMANNEMTIONSILES PR0JECTS00NIEL1-0-GARDENS.DWG
NOTE: THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the
"Boniello Gardens"Annexation description. There are no monuments set in
connection with the preparation of the information shown hereon. Broward County
makes no representation or guarantees as to the information shown hereon
pertaining to easements, right-of-ways, setback lines, reservations, agreements, etc.,
nor is it the intent of this instrument to reflect all such matters. Such information
should be obtained and confirmed by others through appropriate title verification.
Scale: Not to Scale
Section 17-49-42
LEGEND:
= Annexation legal description
boundary line
P.O.B. = Point of Beginning
R/W = Right of Way
1 = Annexation area
3.
Sheet 2 of 2
DATE I REVISIONS I 8y I
Prawn By. I Data I Checked By: I Date ,
BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION