Broward County Commission Regular Meeting

MOTION TO ADOPT Resolution No. 2017-471 the title of which is as follows: (Commission District 4)

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, RESCINDING PRIOR RESOLUTION NO. 2010-391, WHICH DECLARED THE ACQUISITION OF CERTAIN LAND FOR THE CONSTRUCTION OF A WATER BOOSTER STATION NECESSARY TO SERVE A PUBLIC PURPOSE, AND WHICH AUTHORIZED THE INITIATION OF A LAWSUIT TO ACQUIRE SUCH LAND THROUGH THE COUNTY'S POWER OF EMINENT DOMAIN; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

(A member of the public pulled this item.)

ACTION:  (T-10:58 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  9-0.

Board of County Commissioners' approval is necessary to rescind an adopted Resolution.

This Resolution will allow the property owner to sell the property with clear title.

None.

PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER SERVICES RECOMMENDS APPROVAL OF THE ABOVE MOTION.

On June 15, 2010 (Item No. 12), the Board of County Commissioners adopted Resolution No. 2010-391, which declared that it was necessary and would serve a public purpose to acquire the property identified in Exhibit 1 for a water booster station, and authorized the use of eminent domain to acquire the property.

At that time, the proposed booster station was deemed necessary since Broward County provides treated potable water to the City of Coconut Creek and based upon population and water flow projections, it was anticipated that by the year 2025, Broward County would not be able to deliver the required water at the required pressure to the City. In order to meet the projected water needs, it was necessary to construct a water booster station at a location that will best serve the interests of the County in meeting its contractual obligations for pressure and flow. A 22,376 square feet vacant site located in Pompano Industrial Park along Northwest 34th Place, just east of Northwest 27th Avenue was identified for acquisition (Exhibit 1).

Since the passage of the Resolution, the City of Coconut Creek has constructed a ground storage tank and booster pumps in the north end of the City off of Johnson Road, just east of US-441. This station helped increase pressure and flows within the City's north end water service area. Staff has also ran an updated hydraulic model and the results of this modeling effort indicate that there will be adequate pressure and flow to the City through 2040.

No eminent domain petition was ever filed to acquire the property in the Pompano Industrial Park. The owners of the property have reached out to the County Attorney's Office to request that the resolution authorizing the use of eminent domain be rescinded since they are in the process of selling the property and the new owner will not be able to acquire clear title until Resolution 2010-391 is rescinded. The proposed Resolution to rescind Resolution No. 2010-391 is presented in Exhibit 2.

Real Property Division and the County Attorney's Office have reviewed and approved this action.

Gregory M. Balicki, P.E., Director, Water and Wastewater Engineering Division, (954) 831-0745
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410