HomeMy WebLinkAboutCity of Tamarac Resolution R-93-132Temp. Reso. # 6564
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93-
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A PLANNING JOINT
PARTICIPATION AGREEMENT BETWEEN BROWARD
COUNTY, CORAL SPRINGS, DEERFIELD BEACH, FORT
LAUDERDALE, HOLLYWOOD, LAUDERHILL, PEMBROKE
PINES, PLANTATION, POMPANO BEACH, SUNRISE,
TAMARAC, DAVIE, HALLANDALE, LAUDERDALE LAKES,
MARGATE, MIRAMAR, NORTH LAUDERDALE,, OAKLAND
PARK AND PARKLAND AND THE FLORIDA DEPARTMENT
OF TRANSPORTATION TO CREATE AND ESTABLISH "THE
BROWARD COUNTY METROPOLITAN PLANNING ORGAN
IZATION" (MPO) TO ASSURE ELIGIBILITY FOR THE
RECEIPT OF. FEDERAL CAPITAL AND OPERATING
ASSISTANCE AND TO IMPLEMENT AND ENSURE A
CONTINUING, COOPERATIVE, AND COMPREHENSIVE
TRANSPORTATION PLANNING PROCESS THAT RESULTS
IN COORDINATED PLANS AND PROGRAMS CONSISTENT
WITH THE COMPREHENSIVELY PLANNED DEVELOPMENT
OF THE AFFECTED URBANIZED AREAS; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City' officials are
hereby authorized to execute a Planning Joint Participation
Agreement between Broward County, Coral Springs, Deerfield
Beach, Fort Lauderdale, Hollywood, Lauderhill, Pembroke Pines,
Plantation, Pompano Beach, Sunrise, Tamarac, Davie, Hallandale,
Lauderdale Lakes, Margate, Miramar, North Lauderdale, Oakland
Park and Parkland and the Florida Department of Transportation
to create and establish THE BROWARD COUNTY METROPOLITAN
PLANNING ORGANIZATION (MPO) to assure eligibility for the
receipt of Federal capital and operating assistance and to
implement and ensure a continuing, cooperative, and compre-
hensive transportation planning process that results in
coordinated plans and programs consistent with the compre-
hensively planned development of the affected urbanized area, a
copy of said agreement being attached hereto as "Exhibit 1".
Temp. Reso. # 6564
SECTION 2: This resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED thisc,2 T day of ,1993.
ATTEST:
AAA. S
CITY CLERK
I HEREBY CERTIFY that have
approved this Resol ion as
tg-�orm . A
IYCHELL V .
/C I TY ATTC
MAYOR
DIST 1:
DIST. 2:
DIST. 3:
DIST. 4:
L. BENDER
MAYOR -
RECORD OF COUNCIL VOTE
0
WPI NO.: FUND:
JOB NO.:
FUNCTION:
FEDERAL NO.:
CONTRACT NO.:
SAMAS APPROP.:
SAMAS OBJ: ' __
ORG. CODE:_
VENDOR NO.:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PLANNING JOINT PARTICIPATION AGREEMENT
STANDARD INTERLOCAL AGREEMENT
This INTERLOCAL AGREEMENT is made and entered into this day of ,19_,
by and between BROWBROWARD QQ= AND THE MUNICMA=!QF CQRAL SPRING& 12EERFTF-T.D
BEA H. T LAUDERDAU, HQLL`YWO0D,-LAjMERjaLL,MBR KE 2MM, PLA_NTAnQN.
MAKSIA 1 1KAMAK K llALOAKLAND PARK AND PARKLANDjand the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter
called the Department, and creates and establishes, THE BROWARD COUNTY METROPOLITAN
PLANNING ORGANIZATION for Broward County, hereinafter called the MPO;
11191 �C`T.` -N1 Y ► I
WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the
Performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure
that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly located
and developed in relation to the overall plan of community development; and
WHEREAS, the Federal Government, under the authority of 23 U.S.C. 134 and Section 3(a)(2), 4(a),
5(g)(1), and 5(h)(1) of the Federal Transit Act ((49 U.S.C. 1602(a)(2), 1603(a) and 16,04(g)(1) and (h)(1)],
requires that each urbanized area, as a condition to the receipt of federal capital or operating assistance, have
a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs
consistent with the comprehensively planned development of the urbanized area, and stipulates that the State
and the MPO shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying
out such transportation planning; and
WHEREAS, Regulations of the Federal Highway Administration (FHWA) and the Federal Transit
Administration (FTA), 23 CFR 450 (hereinafter called the Rules), provide for the designation of MPOs by the
Governor; and
WHEREAS, Chapter 339.175 of the Florida Statutes provides for the creation, designation and
apportionment of the MPOs consistent with the federal laws and rules identified above; and
WHEREAS, the Governor of the State of Florida redesignated the MPO on March 23, 1993.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein
the parties agree as follows:
� 0 -113 6?-"
0
1.00 PURPOSE
The purpose of this Interlocal Agreement is to assure eligibility for the receipt of Federal capital and
operating assistance pursuant to 23 U.S.C. 134 and Sections 3(a)(2), 4(a), 5(g)(1), and 5(h)(1) of the
Federal Transit Act [(49 U.S.C. 1602(a)(2), 1603(a), and 1604(g)(1) and (h)(1)], and to implement and
ensure a continuing, cooperative, and comprehensive transportation planning process that results
in coordinated plans and programs consistent with the comprehensively planned development of the
affected urbanized area in cooperation with the Department.
Chapter 334, Florida Statutes (F.S.), grants the broad authority for the Department's role in
transportation. Section 334.044, F.S., evidences the legislative intent that the Department be
responsible for coordinating the planning of a safe, viable and balanced state transportation system
serving all regions of the State. Section 339.155, F.S., requires the Department to develop a statewide
transportation plan in conjunction with local governmental entities including, but not limited to, regional
planning agencies for all Metropolitan Statistical Areas. Section 339.175, F.S., specifies the authority
and responsibility of the MPO and the Department in the management of a continuing, cooperative, and
comprehensive transportation planning process for the urbanized area.
In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and
339, F.S., the Department and all parties to this Agreement acknowledge that the provisions of Section
163.3161 - 163.3215, F.S., the Local Government Comprehensive Planning and Land Development
Regulation Act, as amended, are applicable to this Agreement and those parties shall take particular care
that the planning processes and planning integrity of local governments as set forth in that Act as
evidenced by the legislative intent expressed in Chapter 334 and 339, F.S., shall -not be infringed upon.
2.00 THEPROJECT
.01 Es ta fish MP - The "Project" is defined as the continuing, cooperative and comprehensive
transportation planning process for Broward County.
.02 Purs ant to FederalState and 1 law - In the event that any election, referendum, approval,
permit, notice or other proceeding or authorization is requisite under applicable law to undertake
any Project hereunder, or to observe, assume, or carry out any of the provisions of the
Agreement, the MPO will, to the extent of its legal capacity, comply with all applicable laws
and requirements and work toward the accomplishment and fulfillment of its objectives.
.03 Submission of r in nt and -other d iments - The MPO shall submit to the
Department such data, reports, records, contracts, and other documents relating to the Project
as the Department may require.
.04 Rights f i -All parties to this agreement, and the affected Federal funding agency (i.e.
FHWA, FTA and FAA) shall have the rights of technical review and comment of MPO projects.
3.00 COORDINATION AND AGREEMENT
The designated MPO shall carry out transportation planning and programming activities as identified
in the Agreement between the Department and the MPO. The MPO may carry out those activities
contained in this Agreement to meet Federal funding eligibility requirements for Federal planning
purposes. Section 112 planning funds will be made available by agreement upon MPO Designation by
the Governor.
4.00 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE
.01 The membership of the Broward County MPO shall be in accordance with the reapportionment
plan which is set forth in Table 1 (which is attached hereto and made a part hereof), and which
was approved by the Governor on March 23, 1993.
.02 The voting membership of the M.P. 0. shall consist of seventeen (17) members. Four (4) voting
members shall be Broward County Commissioners. One (1) voting member shall be a Broward
County Commissioner who is a member of the Tri-County Commuter Rail Authority. Twelve
(12) voting members shall be municipal representatives. For the purpose of determining
municipal representation on the M.P.O., Broward County has been divided into eight (8)
municipal districts. In accordance with the plan, the two (2) most populous municipalities in
Districts 1 and 5, as designated on Table 1, shall each appoint one (1) of its generally elected
officials to be the voting representative for the districts. In Districts 2, 3, 6 and 7 the most
populous municipality in each district, as designated on Table 1 shall appoint one (1) of its
generally elected officials to be the voting representative for the district. In Districts 4 and 8
the municipalities of Fort Lauderdale and Hollywood shall designate two (2) voting
representatives to be district representatives, at least one of which must be a generally -elected
official and other may be either a generally elected official or member of a statutorily authorized
planning board or transportation, expressway, aviation or port authority. The next most
populous municipality in each district as designated on Table 1 shall appoint a generally elected
official to serve as an alternate voting representative for that district, to the M.P.O. The
procedures for determining when the alternate may vote shall be provided for in the written rules
adopted by the M.P.O. pursuant to this Agreement.
.03 In urbanized areas in which authorities or other agencies have been, or may be created by law
to perform transportation functions that are not under the jurisdiction of local elected officials,
they may be considered by the Governor for one voting membership on the MPO. Provided,
however, in urbanized areas in which authorities or other agencies have been, or may be,
created by law to perform public transit functions that receive financial assistance or grants from
the State, said authorities or agencies shall have one voting membership on the MPO. Said
member shall be an elected official appointed by the respective authority or other agency
performing public transit functions or where there is more than one public transit agency in the
urbanized area, the member shall be elected by vote of the transit agencies. The county
commission shall compose not less than 25 percent of the MPO membership when a public
transit representative has been appointed.
R'- q 3 ' /,3,?,
.04 The government entity designated shall appoint the appropriate number of members to the MPO
from eligible officials. Representatives of the Department shall serve as non -voting members
of the MPO.
.05 The term of office of members of the Metropolitan Planning Organization shall be four (4)
years.
.06 Appointments to the MPO shall be made by each of the parties to this agreement within sixty
(60) days after the notification by the Governor of the duty of each governing body to make such
appointments. If any governing body fails to fill an assigned appointment to the MPO within
such sixty (60) day period, the appointment shall be made by the Governor from eligible
representatives of the appropriate governing body.
5.00 POWERS, RESPONSIBILY11EES AND OBLIGATIONS
.01 The MPO shall have all powers, enjoy all rights, privileges, and immunities, exercise all •
responsibilities and perform all obligations as specified in Section 339.175(2)(b), F.S., and other
sections and as authorized in Section 163.01, F.S., and made a part hereof, including, but not
limited to, the following:
.02 The MPO may employ personnel and, pursuant to contract, it may utilize the staff resources of
local and/or state agencies (§339.175(19), F.S.).
.03 The MPO shall enter into agreements with the Department, operators of public mass
transportation services and the metropolitan and regional intergovernmental coordination and
review agencies serving the urbanized area. These agreements will prescribe the cooperative
manner in which the transportation planning process will be accomplished (§§339.175(12), (13)
and (14), F.S.).
.04 The MPO may enter into contracts (§163.01(14), F.S.).
.05 The MPO may acquire, own, operate, maintain, sell, or lease real and personal property
(§163.01(5), F.S.).
.06 The MPO may accept funds, grants, assistance, gifts or bequests from Local, State, and Federal
resources (§163.01(5), F.S.).
.07 The MPO shall establish a budget which shall operate on a July 1 to June 30 basis as required
by the Unified Planning Work Program (UPWP).
.08 ` The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations
enumerated herein - provided said rules do not supersede or conflict with applicable local and
state laws, rules and regulations (§163.01(5) and (a), F.S.). The MPO, in promulgating rules,
policies, bylaws and procedures, shall coordinate with the Department to obtain its concurrence
prior to MPO approval and implementation of such rules, policies, bylaws and procedures.
•
.09 The MPO, in cooperation with the Department, shall carry out the urban transportation planning
process as required by Title 23 of the Code of Federal Regulations (CFR), Parts 420 and 450,
and consistent with Chapter 339, F.S., and other applicable -state and local laws.
.10 Plans and programs developed by the MPO carrying out the urban transportation planning
process shall be in compliance with Department procedures, Federal regulations and State laws.
6.00 CONTRACTS OF THE MPO
All contractual agreements must be approved by the affected federal funding agency and the
Department. Except as otherwise authorized in writing by the Department, and the affected Federal
funding agency where State or Federal funds are to be used, the MPO shall not execute any contract
or obligate itself in any other manner with any third party with respect to the Project without the prior
written concurrence of the Department, FHWA, FTA, or FAA, as appropriate. Subletting of
consultant(s) contracts involving funds administered by FHWA shall be in accordance with the
requirements of 23 CFR and all other applicable Federal Regulations which by reference hereto are
made part of this Agreement.
7.00 INVENTORY REPORT
.01 The MPO agrees to inventory, to maintain records of and to insure the proper use, control, and
disposal of all nonexpendable tangible property acquired pursuant to funding under this
agreement. This shall be done in accordance with the requirements of 23 CFR and all other
applicable Federal Regulations. The MPO shall make all records and necessary information
readily available to the Department in order for the Department to conduct a review of and
determine the accuracy of the MPO inventories, property control information, and its compliance
with the requirements of 23 CFR and all other applicable Federal Regulations.
.02 The Department will maintain all records in accordance with the Federal -Aid Policy Guide, 23
CFR 17, "Record Keeping and Retention Requirements for Federal -Aid Highway, Records of
State Highway Agencies".
8.00 MISCELLANEOUS PROVISION
.01 How Contogt Aff ected by ProvisionLbeingHgld Invalid - If any provision of this Agreement
is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder
would then continue to conform to the terms and requirements of applicable law.
.02 State or Territorial Law - Nothing in the Agreement shall require the MPO to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in
contravention of any applicable State law. Provided, that if any of the provisions of the
Agreement violate any applicable State law, the MPO will at once notify the Department in
order that appropriate changes and modifications may be made by the Department and MPO to
the end that the MPO may proceed as soon as possible with the Project.
Page 5 of 30
/ - � 3 �/ 3 'p-,
9.00 EXECUTION OF AGREEMENT
•
This Interlocal Agreement may be, simultaneously .executed in several counterparts, each of which
executed shall be deemed to be an original,and such counterparts together shall constitute one and t
same instrument.
10.00 CONSTITUTIONAL OR STATUTORY DUTMIS AND RESPONSrniz TIIGN O
11M PARTMS TO TIM AGREEMENT
This Agreement shall not be construed to authorize the delegation of the constitutional or statutory dutu
Of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligatic
or responsibility imposed upon them by law except• to the extent of actual and timely perf
ornmM
thereof by one or more of the parties to this Agreement or any legal or administrative entity create
authorized by this Agreement, in which case the performance may be offered in satisfaction of th
obligation or responsibility.
11.00 DURATION OF AGREEAND Wr=RAWAL PROC;T.,DURE
This Agreement shall remain in -affect until terminated by the panics to the Agreement. Any party ma,
withdraw from said Agreement after presenting in written form a notice of intent to withdraw to the
other parties, at least 90 days prior to the intended date of withdrawal, provided, however, that financia
commitments made prior to withdrawal arc effective and binding for their full term and amoun-
regardless of withdrawal.
12.00 AMENDMENT OF AGREEMENT
Amendments to or modifications of this Agreement may only be made by written agreement signed by
all partilt hereto with the same formalities as the original Agreement and shall not be effective until
it is filed with the Clerk of Circuit Court of each county where a party hereto is located ,pursuant to
Section 163.01(11), F.S.
13.00 INDEMNITICATION
The MPO agrees that it will indemnify and hold harmless the Department and all of the Departm
ofr[CM, agents, and employees from any claim, loss, damage, cost, charge or expense arising outW
any act, action, neglect or omission by the MPO during the performance of the contract, whether direct
or indirect, and whether to any person or property to which the Department or said parties may be
subject, except the MPO will not be liable under this section for damages arising out of injury or
damage to persons or property directly caused or resulting from the negligence of the Department or
any of its officers, agents, or empinyees.
Pase 6 of 30
11
14.00 CONFIItMATION OF AGREEMENT
The Agreement shall be reviewed by the MPO and the Department to confirm the validity of the
contents and to recommend the type of amendments, if any, that are required. Review of this
Agreement shall occur whenever an MPO Reapportionment Plan is developed for approval by the
Governor pursuant to his/her procedure for MPO Reapportionment.
15.00 AGREEMENT FORMAT
All words used herein in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words used in any gender shall extend to
and include all genders.
16.00 EFFECTIVE DATE
This Agreement shall become effective upon execution by all parties hereto and filing with the Clerk
of the Circuit Court of each county where a party to the Agreement is located.
XftQ%%n'00=NTRA00=I'AM.iu
LJ
� , 73 , i,3,�
IN WITNESS WHEREOF, the parties have made and executed this
Agreement on the respective dates under each signature: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Chairman, authorized to execute same by Board action on
the day of , 19 ; the CITY OF CORAL
SPRINGS, signing by and through its Mayor -Commissioner and City
Manager, duly authorized to execute same; the CITY OF DEERFIELD
BEACH, signing by and through its Mayor -Commissioner and City
Manager, duly authorized to execute same; the CITY OF FORT
LAUDERDALE, signing by and through its Mayor -Commissioner and City
Manager, duly authorized to execute same; the CITY OF HOLLYWOOD,
signing by and through its Mayor -Commissioner and Finance Director,
duly authorized to execute same; the CITY OF LAUDERHILL, signing by
and through its Mayor -Commissioner and City Manager, duly
authorized to execute same; the CITY OF PEMBROKE PINES, signing by
and through its Mayor -Commissioner and City Manager, duly
authorized to execute same; the CITY OF PLANTATION, signing by and
through its Mayor, duly authorized to execute same; the CITY OF
POMPANO BEACH, signing by and through its Vice Mayor and City
Manager, duly authorized to execute same; the CITY OF SUNRISE,
signing by and through its Mayor and City Manager, duly authorized
to execute same; the CITY OF TAMARAC, signing by and through its
Mayor and City Manger, duly authorized to execute same; the TOWN OF
DAVIE, signing by and through its Mayor and City Manager, duly
authorized to execute same; the CITY OF HALLANDALE, signing by and
through its Mayor -Commissioner and City Manager, duly authorized to
execute same; the CITY OF LAUDERDALE LAKES, signing by and through
its Mayor, duly authorized to execute same; the CITY OF MARGATE,
signing by and through its Mayor -Commissioner and City Manager,
duly authorized to execute same; the CITY OF MIRAMAR, signing by
and through its Mayor -Commissioner and City Manager, duly
authorized to execute same; the CITY OF NORTH LAUDERDALE, signing
by and through its Mayor -Commissioner and City Manager, duly
authorized to execute same; the CITY OF OAKLAND PARK, signing by
and through its Mayor -Commissioner and City Manager, duly
authorized to execute same; the CITY OF PARKLAND, signing by and
through its Mayor -Commissioner and City Manager, duly authorized to
execute same; and the FLORIDA DEPARTMENT OF TRANSPORTATION, signing
by and through its , duly authorized to execute
same.
Page 8 of 30
�J
L�
ATTEST:
County Administrator and
Ex-Officio Clerk of
the Board of County
Commissioners of Broward
County, Florida
ATTEST:
K0 4"
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Gerald F. Thompson, Chair
day of , 19
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357--7600
Telecopier: (305) 357-7641
By
Secretary By
Deputy County Attorney
(CORPORATE_ SEAL)
day of
19
Page 9 of 30
INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND THE MUNICIPALITIES OF
CORAL SPRINGS, DEERFIELD BEACH, FORT LAUDERDALE, HOLLYWOOD,
LAUDERHILL, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SUNRISE,
TAMARAC, DAVIE, HALLANDALE, LAUDERDALE LAKES, MARGATE, MIRAMAR,
NORTH LAUDERDALE, OAKLAND PARK AND PARKLAND AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION RELATING TO THE METROPOLITAN PLANNING
ORGANIZATION
1"I40v4*J6344
'�PffillMg.Ep' WIRANO,
ATTEST:
CITY OF TAMARAC
B .�
Y
Mayor -Commissioner
H. L. BENDER
Z 3 day of 19
o9Whday of , 19
City Clerk
CAROL A. EVANS
CITY OF TAB(;,
APPROVED AT MEETING OF _9 -)
APPRO AS TO FORM:
t.
B
ty =
rney
M=Z.
9
Page 19 of 30
C7
TABLE 1
MU ICIPAL CN
BROPOFtD COUNTY METROPOLITAN PLANNING ORC,ANIZATIO[N
District
Municipal District
1990
Number
Cities
P22alation
Representative(s)
Alternate
1
Coral Springs
127,823
Coral Springs
Parkland (new)
Parkland
Tamarac (new)
Tamarac
2
Coconut Creek
116,795
Deerfield Beach
Margate
Deerfield Beach
Margate
3
Hillsboro Beach
114,652
Pompano Beach
N. Lauderdale
Lauderdale -By -The Sea
Lighthouse Point
North Lauderdale
Pompano Beach
Sea Ranch Lakes
4
Fort Lauderdale
187,540
Fort Lauderdale
Oakland Park
Lazy Lakes
(2 representatives)
Oakland Park
Wilson Manors
5
Lauderdale Lakes
141,456
Sunrise
Lauderdale
Lauderhill
Lauderhill(new)
Lakes(new)
Sunrise
6
Davie
113,909
Plantation
Davie
Plantation
7
Cooper City
126,906
Pembroke Pines
Miramar
Miramar
Pembroke Pines
8
Dania
170,650
Hollywood
Hallandale
Hallandale
(2 representatives)
Hollywood
Pembroke Park
1p 43m