HomeMy WebLinkAboutCity of Tamarac Resolution R-86-307Introduced by: Temp. Reso. # 4251
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86--:� D T
A RESOLUTION APPROVING AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT WITH BROWARD COUNTY, ET
AL, PERTAINING TO THE METROPOLITAN PLANNING
ORGANIZATION; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
- T That the City Council of the City of Tamarac
hereby approves an Agreement between the City of Tamarac and
Broward County, et al, pertaining to the Metropolitan
Planning Organization attached hereto and made a part hereof
as Exhibit "A";
ESES CTI0V___Z: That the appropriate City Officials are
hereby authorized to execute said Agreement.
$E_CTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this/0 day of , 1986.
BER HART
MAYOR
ATTEST:
Al
MARI N BERTHOLF
CITY CLERK
I HEREBY CERTIFY that I have MAYOR: HART
approved the form and correct- DIST. 1: C/W MASSAR ness of this RESOLUTION.,,
DIST. 2: V/M STELZER
_ DIST. 3: C/M GOTTESMAN
B Y T A PL GATE DIST. 4: C/M STEIN
C Y ATTORN Y
20229386/t
Ll
INTERLOCAL AGREEMENT
Among
BROWARD COUNTY
And
THE MUNICIPALITIES OF CORAL SPRINGS,
DEERFIELD BEACH, FORT LAUDERDALE,
HOLLYWOOD, PEMBROKE PINES,
PLANTATION, POMPANO BEACH, SUNRISE,
DAVIE, HALLANDALE, LAUDERHILL,
MARGATE, MIRAMAR, NORTH
LAUDERDALE, OAKLAND PARK AND TAMARAC
And the
FLORIDA DEPARTMENT OF TRANSPORTATION
Relating to
THE METROPOLITAN PLANNING ORGANIZATION
SEp 8 ]r
SS6'
CITY ATTd;? .' F �'
CITY OF T f k. k,,,'.;C
aINTEkLOCAL AGREEMENT
Among
BROWARD COUNTY w
And
THE MUNICIPALITIES OF CORAL SPRINGS,
DEERFIELD BEACH, FORT LAUDERDALE,
HOLLYWOOD, PEMBROKE PINES,
PLANTATION, POMPANO BEACH, SUNRISE,
DAVIE, HALLANDALE, LAUDERHILL,
MARGATE, MIRAMAR, NORTH
LAUDERDALE, OAKLAND PARK AND TANIARAC
And the
FLORIDA DEPARTMENT OF TRANSPORTATION
kelating to
THE h:ETROPOLITAN PLANNING ORGANIZATION
This Interlocal Agreement effective on the date specified herein,
among Broward County, Florida, and the municipalities of Coral Springs,
Deerfield Beach, Fort Lauderdale, Hollywood, Pembroke Pines, Plantation,
Pompano Beach and Sunrise, as voting members; and Davie, Hallandale,
Lauderhill, Margate, Miramar, North Lauderdale, Oakland Park and Tamarac,
as alternate voting members; and the Department of Transportation as a
nonvoting member; establishes the Metropolitan Planning Organization
(hereinafter referred to as the 11M.P.O.") for the Broward County urbanized
area.
WHEREAS, federal law as set forth in 23 U.S.C. § 134 and 49 U.S.C.
§ 1607 requires a metropolitan planning organization to be in place to
conduct ongoing transportation planning activities, in order for Broward
County transportation projects to qualify for federal transportation
funding; and
WHEREAS, 23 U.S.C. § 134 and 49 U.S.C. § 1607 requires a metro-
politan planning organization to be designated by agreement among the units
of general purpose local government and the Governor; and
WHEREAS, effective December 18, 1979, Broward County, the Florida
Department of Transportation and seven (7) of the then largest Broward
4
County municipalities entered into an interlocal agreement creating the
M.P.O.; and
WHEREAS, the M.P.O. has operated continuously since that date
conducting studies, drawing up long-term and short-term transportation
plans and providing guidance for transportation planning and improvements
within Broward County; and
WHEREAS, Chapter 339, Section 339.175, Florida Statutes, sets forth
additional criteria for the designation of an M.P.O.; and
WHEREAS, Chapter 339, Section 339.175, Florida Statutes, states that
the Governor shall review the composition of the M.P.O. membership every
five (5) years, and reapportion it as necessary; and
WHEREAS, the Governor on April 7, 1986, sent a letter to the M.P.O.
requesting that body to recommend a reapportionment plan; and
WHEREAS, the M.P.O. in special session on May 1, 1966, voted to
approve the reapportionment plan in this interlocal agreement; and
WHEREAS, the Department of Transportation has provided its expertise
and cooperation in achieving a reapportionment plan for the M.P.O.; and
WHEREAS, that plan was supported by resolutions approved by
twenty-two (22) of the twenty-eight (28) municipalities representing
ninety-five (95) percent of the municipal population of Broward County; and
WHEREAS, the Governor has approved the recommended reapportion-
ment plan, and designated membership on the M.P.O., among the parties to
this Agreement in accordance with that plan; and
WHEREAS, Chapter 163, Florida Statutes, provides for interlocal
agreements to permit public agencies of the State of Florida to engage in
cooperative programs; and
WHEREAS, the parties to this Agreement desire to participate in a
continuing cooperative coordinated transportation planning process; NOW,
THEREFORE,
In consideration of the mutual covenants, promises, and representa-
tions herein, the parties agree as follows:
1. PURPOSE:
The purpose of this
planning organization
transportation capital
Agreement is
in order to
and operating
to provide for a metropolitan
insure eligibility for federal
assistance pursuant to Titles 23
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and 49 of the United 'States Code, and to create an intergovernmental
body which shall carry out ongoing, cooperative transportation
planning; oversee the development of long-range and short-range
transportation plans; encourage intergovernmental cooperation and
particularly, cooperation with the Florida Department of Transpor-
tation as provided for in the Urban Planning Agreement, in creating a
cost eftective and efficient transportation network; and provide a
forum for public comment on transportation issues.
2. MEMBERSHIP:
The membership of the M.P.O. shall be fh accordance with the reappor-
tionrrbent 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
August 25, 1986.
The voting membership of the M.P.O. shall consist of fifteen (15)
members. Five (5) voting members shall be selected by the Board of
County Commissioners of Broward County, at least four of those
members shall be county commissioners and the fifth may be either a
county commissioner or a member of a statutorily authorized planninc;
board or transportation, expressway, aviation or port authority. Ter.
(10) voting members shall be municipal representatives. For the
purpose of GFetermining municipal representation on the M.P.O.,
Broward County has been divided into eight (8) municipal districts.
In accordance with the plan, 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; except that 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 the other may be either a generally elected
official or member of a statutorily authorized planning board or
transportation, expressway, aviation or port authority. The second
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.
It shall be the responsibility of each voting and alternate voting
representative to represent the district in which his/her municipality
is located.
The Department of Transportation shall designate one nonvoting
member to the M.P.O.
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"The M.P.O. shall also have the power to appoint such other nonvoting
advisers as it deems appropriate.
3. TERM OF OFFICE:
The term of office of a voting or alternate representative to the
M.P.U. shall be as provided by Chapter 339, Section 339.175(3)(b),
Florida Statutes. The nonvoting representative of the Department of
Transportation shall serve at the pleasure of the Department. Any
other nonvoting advisers shall serve at the pleasure of the entity
that he or she represents, except that membership by any nonvoting
adviser other than the representative of the Department of Trans-
portation may be terminated at the pleasure of the M.P.O.
4. PGWERS AND DUTIES OF THE M.P.O.:
(a) The 10I.P.O. shall have the powers, privileges, and duties as set
forth in Chapters 339 and 163, Florida Statutes, and shall have
any other powers and duties which are applicable to metropolitan
planning organizations as provided by Titles 23 and 49 of the
United States Code, by any other provision of federal law, by
federal regulation, and by any provisions of Florida Statutes, or
the Florida Administrative Code.
(b) The NI.P.O. shall promulgate rules to effectuate its powers and
duties. Such rules shall be promulgated in accordance with the
requirements of Chapter 120, Florida Statutes.
(c) The M.P.G. shall formulate such long-term and short-term trans-
portation plans as are required by federal or state law or
regulation, including but not limited to a Transportation
Improvement Plan (TIP), and shall provide procedures as re-
quired by law or regulation for obtaining comment from the public
and other governmental entities or agencies with regard to those
plans.
(d) The M.P.O. shall have the power to modify or amend any plans
or programs developed within the framework of this transportation
planning process, provided that such amendments or modifications
are not contrary to federal or state law or regulation, and
provided that such modifications or amendments are adopted with
the same formality as the plan or program, unless some other
method of amendment or modification is specifically required or
permittea by state or federal law or regulation.
(e) The M.P.U. shall no less than once a fiscal year approve a
unified planning work program for the upcoming year which shall
contain an outline of the transportation planning activities
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which the M.P.O. plans to undertake in the coming year and the
source of funding for those activities.
(f) The M.F.O., 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), Chapter 1, Part 450,
consistent with the state and local law.
(g) The M.P.O. shall provide comment to the Florida Department of
Transportation regarding the Department's capital and planning
transportation projects regarding Broward County.
(h) The M.P.O. may enter into contracts and may enter agreements
with any government entity or public agency.
(i) The M.P.O. may acquire, own, operate, maintain, sell or lease
real or personal property.
(j) The M.P.O. may accept funds, grants, _ assistance, gifts or
bequests.
( k) The MI. P. G. shall have the capacity and power to sue and shall
be sued in its own name in all courts of law and equity. This
provision shall not be construed in any way to effect the status
of the M.P.O. with regard to its governmental immunity.
(1) The M.P.O. shall have the power to the extent of its available
funds and unified planning work program to employ personnel and
engage independent contractors; and the M.P.O. may utilize the
staff of local and state agencies which are signatories to this
Agreement, pursuant to this Agreement, and with the approval of
the local or state agency affected.
(m) The M.P.O. shall have the power upon approval by the M.P.O.,
through its chairperson, vice chairperson, or acting chairperson,
to execute all necessary instruments, to apply for funds or
grants, or to carry out the powers outlined herein.
(n) The M.P.O. shall have such other powers as are necessary to
carry out the intent of this Agreement and the duties and
obligations of a metropolitan planning organization as provided
by state or federal law or regulation.
S. ORGANIZATION:
The first meeting of the M.P.O. shall be an organizational meeting and
shall be held no later than thirty (30) days following the effective
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date of this Agreement. The M.P.O. at its organizational meeting
shall at a minimum:
(a) Elect a chairperson
M.P.O. shall also
chairperson in cases
due to the absence
chairperson.)
and vice chairperson. (The rules of the
provide for the designation of an acting
where such a designation may be necessary
or illness of both the chairperson and vice
(b) Approve interim procedures and initiate rulemaking procedures
for determining when an alternate municipal representative may
vote.
(c) Initiate rulemaking procedures for designating the membership of
the Technical Cooruinating Committee.
kegular business may be conducted following the organizational portion
of the meeting.
6. FISCAL RESPONSIBILITY:
The parties to this Agreement shall provide funding to the M.P.O. in
accordance with the unified planning work program approved by the
M. P.0. The unified planning work program may not include funding
by any municipality unless that funding has been approved, by the
municipality, ncr may it include funding by Broward County unless
approved, by the County Commission.
7. PRIVILEGES AND IN'NIUNITIES OF MEMBERS, AGENTS AND
EMPLOYEES:
All of the privileges and immunities from liability; exemptions from
laws, ordinances, and rules; pensions and relief, disability, workers'
compensation and other benefits which apply to the activity of
officers, agents or employees of any public agents, or employees of
any public agency when performing their respective functions within
the territorial limits for their respective agencies, shall apply to
the same degree and extent to the performance of such functions and
duties of such officers, agents or employees extraterritorially under
the provisions of this Agreement.
8. RATIFICATION OF EXISTING AGREEMENTS:
The parties to this Agreement hereby ratify all existing agreements,
contracts, grant applications, the existing unified planning work
program, and long-term and short-term transportation plans, which
have been approved by the previous M.P.O. acting under the agree-
ment which was effective from December 18, 1979, until the effective
z'M
A
date of this Agreement. All such docum
as if they had been approved and exec
However, any such plans or documents
terminated by the action of the M.P.O.
this Agreement, or with the provisions
part of those existing documents.
9. RIGHTS OF REVIEW:
ants shall have the same effect
ited on behalf of this M.P.G.
may be amended, modified or
in accordance with law, with
applicable to and which are a
All parties to this Agreement, and Federal Highway Administration
(hereafter FHVJA), and Urban Mass Transportation Administration
(hereafter UMTA) shall have the rights of technical review and
comment of the M. P.O'S Comprehensive Transportation Planning and
Programming Process.
10. CONTRACTS OF THE M.P.O.:
All contractual agreements, if involving FHWA, and/or Department
funds, shall be approved by the Department and FHWA. All con-
tractual agreements, if involving UMTA and Department funds shall be
approved by the Department and UMTA. This includes any UMTA
funds distributed by the Department. All contractual agreements if
involving U&ITA and local funds only shall be approved by UitiiTA.
Subletting of consultants contracts involving funds administered by
FHWA shall be in accordance with applicable federal regulations.
11. AMENDMENT TO ThE AGREEMENT:
Amendments to this Agreement may
M. P.O. Amendments shall first be
M.P.O. and then must be accepted
ment as evidenced by the executio
signatories to this Agreement.
n
be initiated by the members of the
approved by a majority vote of the
by each signatory to this Agree -
of the Agreement by each of the
12. REAPPORTIONMENT OF THE Mi. P.O. :
In order to assure that the M.P.O. continues to reflect the population
and geographic factors which influence transportation needs in
Broward County, the M.P.O. shall initiate a reapportionment procedure
no later than the fifth year of this Agreement. The reapportionment
procedure shall be as follows: No later than four years and four
months following the effective date of this Agreement, the chairperson
of the M.P.Q. shall appoint a subcommittee to study the membership of
the Ml. P.O. The subcommittee shall consist of at least one county
commissioner, one voting municipal representative and one alternate
municipal representative of the M.P.O., and a representative from the
Department of Transportation. The representative of the Department
of Transportation may, at the discretion of the chairperson, be a
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voting or nonvoting member of the subcommittee. The subcommittee
shall obtain and evaluate the most current municipal population
information and such other information regarding those geographic
factors which the subcommittee determines affect transportation needs
within Broward County. The subcommittee shall make a recommenda-
tion concerning reapportionment to the full M.P.O. no later than four
years and eight months after the effective date of this Agreement.
The M.P.O. may approve the reapportionment recommendation, request
the subcommittee to reconsider its recommendation, or initiate its own
review of the M.P.G. membership using the information available to the
subcommittee and such other information as the M.P.O. deems
appropriate. The M.P.U. shall approve a recommendation regarding
reapportionment and shall make a good faith effort to obtain evidence
that the recommendation of the M.P.O. has been approved by the
Board of County Commissioners and by more than one-half of the
municipalities in Broward County as well as municipalities repre-
senting more than fifty (50) percent of the municipal population
within Broward County. The recommendation regarding reapportion-
ment of the M.P.O. shall be forwarded to the Governor no later than
four years and ten months from the effective date of this Agreement.
Nothing in this paragraph shall preclude the M.P.O. from making a
recommendation that the current membership of the M.P.O., if con-
sistent with equitable population and geographic factors which affect
transportation needs within Broward County, is appropriate.
13. CONSTITUTIONAL OR STATUTORY DUTIES
AND RESPONSIBILITIES OF THE PARTIES
TO THE AGREEMENT:
This Agreement shall not be construed nor deemed to authorize the
delegation of the Constitutional or Statutory duties of any of the
parties. Local governments participating in this Agreement do not by
this Agreement waive any sovereign or legislative authority which they
possess to approve or adopt plans or regulations relating to compre-
hensive planning or zoning, and do not by this Agreement appoint the
M.P.O. as a local planning agency as defined in Section 163.3164
F.S., for any purpose whatsoever.
14. TERMINATION OF PREVIOUS AGREEMENT:
The parties to this Interlocal Agreement who were parties to the
previous Interlocal Agreement that established the M.P.O. for Broward
County and became effective December 18, 1979, hereby agree that
upon this Interlocal Agreement taking effect the previous Interlocal
Agreement shall be terminated and be of no further force and effect.
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15. DURATION OF AGREEMENT AND WITHDRAWAL
PROCEDURE:
This Agreement shall remain in effect until terminated by the parties
to the Agreement. Any party may withdraw from said Agreement after
presenting in written form a notice of intent to withdraw to the other
parties, at least sixty (60) days prior to the intended date of
withdrawal. Financial commitments made prior to withdrawal are
effective and binding for their full term and amount regardless of
withdrawal.
16. EFFECTIVE DATE:
This Agreement shall be effective following execution by all parties
to this Agreement, at the date and time this Agreement is recoraed in
the Public Records of Broward County.
IN WITNESS WHEREOF, the parties hereto have made and executed
this Interloc&I 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 City Manager, duly authorized to execute same; the CITY OF
PEMBROKE PINE;, signing by and through its Mayor 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 Mayor -Commissioner and City
Manager, duly authorized to execute same; the CITY OF SUNRISE, signing
by and through its Mayor, duly authorized to execute same; the TOWN OF
DAVIE, signing by and through its Mayor, 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
LAUDERHILL, signing by and through its Mayor -Commissioner and City
Manager, 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
III
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 TAMARAC,
signing by and through its Mayor -Commissioner and City Manager, duly
authorized to execute same; and the FLORIDA DEPARTMENT OF
TRANSPCkTATION, signing by and through its duly
authorized to execute same.
ATTEST:
County Administrator and Ex-
Officio Clerk of the Bcard of
County Commissioners of
Broward County, Florida
n
COUNTY
BROWARD COUNTY, through its
EOARC OF COUNTY CONAIISSIONERS
By
GERALD F. THOMPSON, Chairman
day of
19
Approved as to form and legality by
Office of General Counsel
for Broward County, Florida
SUSAN F. DELEGAL, General Counsel
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
BARBARA A. HALL
Assistant General Counsel
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INTERLOCAL AGREEMENT AMONG BRCWARD COUNTY AND THE MUNICI-
PALITIES OF CORAL SPRINGS, DEERFIELD BEACH, FORT LAUDERDALE,
HOLLYWOOD, PEMBROKE PINES, PLANTATION, POMPANO BEACH,
SUNRISE, DAVIE, HALLANDALE, LAUDERHILL, MARGATE, MIRAMAR,
NORTH LAUDERDALE, OAKLAND PARK AND T AMARAC AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION RELATING TO THE METROPOLITAN
PLANNING ORGANIZATION
WITNESSES:
mil/ •/.% �j� i -��.K'� 1.��'�
ATTEST:
City Clerk
(CORPORATE SEAL)
CITY OF TAMARAC
By X, 1 i. ,i /
iti;ayor- Comm issi ner
day of
i
City Manager
d
day of
APPROVED AS TO FORM:
ey
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