Broward County Commission Regular Meeting


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AI-26035 8.       
Meeting Date: 01/23/2018  
Director's Name: Steven Cernak
Department: Port Everglades Division: Director's Office

Information
Requested Action
MOTION TO APPROVE ten-year License Agreement between Broward County and South Florida Materials Corp., for Bulk Petroleum Product Pipelines at Port Everglades, effective upon approval; and authorize the Mayor and Clerk to execute same.

(Per the Tuesday Morning Memorandum, the Signature pages have been received.)

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.
Why Action is Necessary
Pursuant to Section 16.2.j of the Broward County Administrative Code, long term License Agreements require approval by the Broward County Board of County Commissioners.
What Action Accomplishes
Approves a new License Agreement that replaces the existing ten-year Bulk Petroleum License Agreement between South Florida Materials Corp. and Broward County that expires on February 4, 2018.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

This action supports the Board's Value of "Ensuring opportunities for all people and businesses in Broward" and Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."

South Florida Materials Corp. (SFM) owns and operates a petroleum products storage and distribution terminal on private property within the Port Everglades Jurisdictional Area. This terminal, which distributes transportation fuels to the South Florida market, has operated at Port Everglades since 2009. The current agreement that provided a right of way for the installation, maintenance and operation of bulk petroleum pipelines on Port property was approved by the Broward County Board of County Commissioners on February 5, 2008 (Item No. 20) and amended on November 13, 2008 (Item No. 22). The Port generates revenues from dockage and other fees applicable to tank ships and oceangoing barges using Port berths as well as from wharfage fees paid by SFM on all petroleum products moving through the pipelines as outlined in the Port Everglades Tariff.  An additional annual license fee is charged for the use of rights of way on Port property where wharfage charges are not applicable, specifically a jet fuel transfer pipeline connecting the petroleum terminal with the Everglades Pipeline, a separate terminal that distributes jet fuel to Fort Lauderdale-Hollywood International Airport and Miami International Airport.  Similar arrangements are in place with the other petroleum terminal operators located within the Port.

Approval of the new, non-exclusive License Agreement would replace the agreement that expires on February 4, 2018, and would extend the license for another ten years, consistent with license agreements with other petroleum terminal operators to provide rights of way for pipelines between the berths and the petroleum distribution terminals.

The License Agreement has been reviewed by the Port Everglades Risk Manager and approved as to form by the Office of the County Attorney. The agreement is being finalized by SFM, and signature pages will be provided prior to the Commission meeting.
Source of Additional Information
Glenn A. Wiltshire, Deputy Port Director, Port Everglades Department, (954) 468-3504
Neil J. Kutchera, Assistant Port Director, Petroleum, Port Everglades Department, (954) 468-3520

Fiscal Impact
Fiscal Impact/Cost Summary:
Petroleum movements through the South Florida Materials Corp. petroleum terminal are anticipated to generate approximately $49 million in revenue over the ten-year term of the agreement from wharfage, dockage, and other fees. This includes approximately $40,630 over the ten-year term for a license to use a right of way on County land connecting the petroleum terminal with the Everglades Pipeline, where wharfage charges are not applicable.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Agreement
Exhibit 3 - Map


    

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