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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-049CITY OF FORT LAUDERDALE July 11, 2018 Mr. Michael C. Cernech, City Manager City of Tamarac 7525 N.W. 88t" Avenue Tamarac, FL 33321-2401 RE: Fort Lauderdale Executive Airport Runway Weight Bearing Limit Interlocal Agreement Dear Mr. Cernech: Please find enclosed one fully executed original of the above referenced agreement. If you have any questions, please contact me at (954) 828-5334. Sincerely, z Angelia Basto Administrative Assistant ;2 c~� Enclosures cl-: h LU Ce C= Cs FORT LAUDERDALE EXECUTIVE AIRPORT 6000 NW 21ST AVENUE, FORT LAUDERDALE, FLORIDA 33309 TELEPHONE (954) 828-4955, FAX (954) 938- 4974 fit; Equal Opportunity Employer WWW.FORTLAUDERDALE.GOV Printed On Recycled Paper. FORT LAUDERDALE EXECUTIVE AIRPORT RUNWAY WEIGHT BEARING LIMIT INTERLOCAL AGREEMENT This Agreement, made and entered into this the P 1 day of 2018, is by and between the City of Fort Lauderdale ("FORT LAUDERDALE") and City of Tamarac ("TAMARAC") (collectively, the "Parties"), both municipal corporations organized and existing pursuant to the laws of the State of Florida. RECITALS WHEREAS, on February 5, 1981, FORT LAUDERDALE and TAMARAC entered into a Settlement Agreement and Final Judgment (the "Final Judgment") in the case of City of Tamarac, Florida v. Neil Goldschmidt, Secretary of Transportation of the United States of America, the City of Fort Lauderdale, et al, Case No. 80-6471 CIV-NCR in the U.S. District Court for the Southern District of Florida, which provided that Fort Lauderdale Executive Airport ("FXE") Runway 08-26 will not be strengthened to accommodate any aircraft in excess of a sixty thousand pound (60,000 lb.) dual wheel load category (the "Weight Bearing Limit") until an environmental assessment ("EA") was performed compliant with Federal Aviation Administration ("FAA") codes and standards; and WHEREAS, the FXE 1986 Master Plan, and the FXE 1995 Updated Master Plan indicated that Runway 9-27 (f/k/a Runway 08-26) had a pavement strength of 64,000 lb. dual -wheel load; and WHEREAS, in 2003, a pavement evaluation was performed for a rehabilitation project to Runway 9-27 to improve the existing conditions of the pavement due to water damage, and, although, the rehabilitation was not intended to strengthen the runway's pavement, but resulted in an increase in the dual -wheel load pavement capacity for Runway 9-27; and WHEREAS, in 2015, a pavement evaluation was performed on Runway 9-27 using the Aircraft Classification Number/Pavement Classification Number (CAN/PNC) methodology which established a pavement strength of 81,000 lb. dual -wheel load for Runway 9-27; and WHEREAS, FXE Runway 9-27 has been the subject of an Environmental Assessment ("EA") dated June 15, 2017, which analyzed the lifting of the Weight Bearing Limit as provided in the Final Judgment in order to provide for the use of newer and less noisy aircraft at FXE; and WHEREAS, TAMARAC and FORT LAUDERDALE agree that it is in the best interest of both municipalities to enter into this Interlocal Agreement, rather than seek judicial review of the Final Judgment, in order to lift the current Weight Bearing Limit, in order to allow for 81,000 dual -wheel load aircraft to utilize FXE Runway 08-026, as the lifting of the Weight Bearing Limit will permit newer and less noisy aircraft to utilize FXE; and WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Fla. Stat.) authorizes municipalities to make the most efficient use of their powers by enabling them {00216018.1 2704-OS01640} 1 to cooperate with other localities on a basis of mutual advantage, and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, this Agreement serves both a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the residents and businesses located within each respective municipality. NOW THEREFORE, in consideration of the terms, conditions, and covenants expressed herein, the parties agree as follows: 1. The foregoing WHEREAS clauses are hereby ratified and incorporated herein by reference. 2. Pursuant to this Agreement, TAMARAC shall not object, or take any action in opposition to FORT LAUDERDALE's request to the Federal Aviation Administration to increase in the Weight Bearing Limit on Runway 9-27 (f/k/a Runway 8-26) at the Fort Lauderdale Executive Airport from 60,000 lb. dual -wheel weight -bearing limit to 81,000 lb. dual -wheel weight -bearing limit. The parties agree and acknowledge that pursuant to this Interlocal Agreement, the parties do not desire to amend or modify the Final judgment, or to seek any judicial review under the Final judgment, as defined herein. 3. This Agreement may be modified only by the prior written approval of both parties. 4. Any notice from either party to the other party shall be in writing and shall be by certified U.S. mail, return receipt requested, or by overnight courier or by hand delivery. Notice to FORT LAUDERDALE shall be addressed as follows: City Manager City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, FL 33301 Notice to TAMARAC shall be addressed as follows: City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 S. If any provision of this Agreement is held by a court of competent jurisdiction to be unconstitutional, unenforceable, invalid, or illegal in any respect, such decision shall not affect or impair any of the remaining provisions of this Agreement, and the parties shall, to the extent they deem to be necessary and appropriate, take such actions as are necessary to correct any such provision. (00216018.1 2704-0501640) 2 6. This Agreement contains the entire agreement between the parties, and cancels and supersedes all prior negotiations, representations, understandings, or agreements, either written or oral, between the parties with respect to the subject matter hereof. 7. This Agreement is governed by and construed in accordance with the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of this Agreement, and for any other legal proceeding, shall be in the courts in and for Broward County, Florida, or in the event of federal jurisdiction, in the Southern District of Florida. 8. The effectiveness of this Interlocal Agreement is conditioned on FORT LAUDERDALE filing this Interlocal Agreement, at FORT LAUDERDALE's expense, with the Clerk of Circuit Court of Broward County, Florida, in accordance with Section 163.01, Florida Statutes (2017). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. C A. ATTEST: = a ' PATRICIA A. TEUFEL, CMC ' C�!'; •.. 4<k CITY CLERK APPROVED AS TO FORM: BY ) I a,�, xhiiq) %PFI1E OF THE CITY ATTORNEY CITY OF FORTLAUDERDALE ATTEST: A .1 e Jeffrey A. Modarelli, City Clerk (00216018.1 2704-0501640) 3 ADean J. ntalis, Mayor Lee R. Feldman, City Manager Approved as to form: By: Candace R. Duff, Assistant City Attorney {00216018.12704-05016401