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,
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Angelia Basto
Administrative Assistant
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Enclosures
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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}
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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)
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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.
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ATTEST: = a '
PATRICIA A. TEUFEL, CMC ' C�!'; •..
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CITY CLERK
APPROVED AS TO FORM:
BY ) I a,�, xhiiq)
%PFI1E OF THE CITY ATTORNEY
CITY OF FORTLAUDERDALE
ATTEST: A .1
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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