Title
An Ordinance Of The City Of Hollywood, Florida, Approving An Interlocal Service Boundary Agreement With The City Of Dania Beach And Broward County For The Contraction Of Certain Lands Located Within The Jurisdictional Limits Of The City Of Hollywood And Within The Area Known As The City Of Dania Beach Ocean Front Park, And The Annexation Of The Land By The City Of Dania Beach.
Strategic Plan Focus
Infrastructure & Facilities
Body
Staff Recommends: Consideration of the attached Ordinance.
Explanation:
SECOND READING:
Following first reading of this ordinance by the City of Hollywood (December 7, 2022) the City of Dania Beach held first reading of their ordinance (January 10, 2023) pertaining to this project. After both hearings the Interlocal Service Boundary Agreement (“ISBA”), which is attached to both Cities’ ordinances, was shared with the Florida Department of Transportation (“FDOT”). Since the land being annexed from the City of Hollywood into the City of Dania Beach is owned by FDOT, and Dania Beach intends to build public parking, it is important that the Cities negotiation terms are coordinated with FDOT.
FDOT requested changes to Dania Beach’s ordinance, which required Dania Beach to hold a second first hearing of their ordinance (February 28, 2023). The changes requested by FDOT do not change the intent of the Cities negotiation points. FDOT’s changes were to provide clarification as to the permanent nature of the annexation (land), but to the 20-year life of the ISBA to enforce the provisions/conditions for the transfer. The ISBA negotiation between the Cities of Hollywood and Dania Beach are 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 Beach 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) 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 periods 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 discussion and negotiation 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.
Should the City of Hollywood adopt the attached Ordinance, then the City of Dania Beach will hold a second and final hearing and then Broward County will also have to adopt the ISBA.
FIRST READING:
On August 31, 2022, the City Commission adopted a responding Resolution (R-2022-242) to the City of Dania Beach and Broward County to commence negotiations of an Interlocal Service Boundary Agreement. The ISBA addresses the City of Dania Beach’s request to annex approximately 0.204 acres of land (Exhibit I of the ISBA) owned by FDOT within the jurisdictional limits of the City of Hollywood and within Dania Beach’s Ocean Front Park.
The City of Hollywood’s responding resolution authorized five objectives to be negotiated. At the August 14, 2022 Dania Beach City Commission Meeting the Commission informally discussed Hollywood’s five proposed terms. Concerns were expressed about honoring the City of Hollywood Citywide Residential Parking Permits in perpetuity. After staff’s negotiations on October 3, 2022 and subsequently, a timeframe is proposed (see b below) for honoring Hollywood’s Citywide Residential Parking Permits.
Also note the first two objectives (a and b) have been combined into one and the last objective (e) has been removed, since no other financial considerations have been negotiated to date.
As a result, the objectives incorporated in the attached ISBA include:
(a) At no cost to the City of Hollywood, the City of 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 Beach public transit vehicles).
(b) The City of Dania Beach will honor and permit City of 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 the City of 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 that land on a weekday, and Broward County School Board spring break week.
(c) 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 the City of Dania Beach applying for building permits.
Fiscal Impact:
Approval of this Ordinance will not fiscally impact the City as this is an Interlocal Service Boundary Agreement with the City of Dania Beach and Broward County.
Recommended for inclusion on the agenda by:
Andria Wingett, Deputy Director, Development Services
Shiv Newaldass, Director, Development Services
Gus Zambrano, Assistant City Manager/Sustainable Development
Attachments
Resolutions
- 1. City of Hollywood 0831_2022
- 2. Broward County 0825_2022
- 3. City of Dania Beach 0712_2022
Ordinances
- 4. City of Dania Beach 0110_2023
- 5. City of Dania Beach 0228_2023