HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-0431
Temp Reso #10366 — March 9, 2004
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-'fj?
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
REQUESTING THAT GOVERNOR JEB BUSH
FORMALIZE HIS APPROVAL OF THE BROWARD
COUNTY METROPOLITAN PLANNING
ORGANIZATION REAPPORTIONMENT PLAN,
DIRECTING THE CITY CLERK TO TRANSMIT
THIS RESOLUTION TO GOVERNOR JEB BUSH
AND ALL MUNICIPALITIES WITHIN BROWARD
COUNTY (CASE NO.6-MI-04); PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Broward County and municipalities in Broward County have formed a
Metropolitan Planning Organization (MPO) pursuant to federal and state requirements; and
WHEREAS, Section 339.175(2)(c), Florida Statutes (2003) provides the manner by
which the voting membership of an MPO in a chartered county with a population of over
one million may be reapportioned (the `Reapportionment Section"); and
WHEREAS, Broward County is a chartered county with a population of over one
million people; and
WHEREAS, the Reapportionment Section requires: a) the approval of any
proposed reapportionment by a three -fourths vote of the membership; b) the MPO and the
county must determine area and complies with federal requirements; and c) that the
County must notify the Governor's office in writing of the reapportionment; and
WHEREAS, on December 10, 2002, the MPO satisfied the requirements set forth in
the Reapportionment Section when: a) three fourths of the MPO membership approved
Temp Reso #10366 --- March 9, 2004
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the reapportionment plan; b) the MPO determined that a reapportionment plan was
necessary to fulfill specific goals and policies of the metropolitan planning area and
complies with federal requirements; and c) the Governor's Office was duly notified; and
WHEREAS, by letter dated November 12, 2003, the Governor of Florida approved
the reapportionment plan, while seemingly requiring the execution of an amended interlocal
agreement by all voting members of the MPO within sixty (60) days as a condition of
approval; and
WHEREAS, the Governor's letter refers cities to Section 339.175(1)(b), Florida
Statutes (2003) as a basis to require the execution of the amended interlocal agreement by
all voting members; and
WHEREAS, Section 339.175(1)(b) pertains to the creation and operation of an
MPO, and does not pertain to the reapportionment of an established MPO; and
WHEREAS, as set forth above, the Reapportionment Section is the controlling
section of the Florida Statutes for the reapportionment of an MPO; and
WHEREAS, as set forth more fully above, Broward County and MPO have complied
with the requirements for reapportionment and have complied with the statutory
requirements necessary for approval; and
WHEREAS, the City of Tamarac respectfully requests that Governor Jeb Bush
formalize his approval of the reapportionment plan and that said plan is not subject to any
additional requirements not set forth in the Reapportionment Section (e.g., the execution of
an amendment to the interlocal agreement by all voting members of the MPO); and
WHEREAS, the Director of Community Development recommends approval; and
Temp Reso #10366 — March 9, 2004
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WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to request that
Governor Jeb Bush formalize his approval of the Broward County Metropolitan Planning
Organization Reapportionment Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the City Commission of the City of Tamarac respectfully
requests that Governor Jeb Bush formalize his approval of the Broward County
Metropolitan Reapportionment Plan and that said plan is not subject to any additional
requirements not set forth in the Reapportionment Section (e.g., requiring the execution of
an amendment to the interlocal agreement by all voting members of the MPO).
SECTION 3: That the City Clerk is directed to transmit this Resolution to
Governor Jeb Bush and all municipalities within Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6:
adoption.
Temp Reso #10366 — March 9, 2004
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This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 101h day of March, 2004.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. F
CITY ATTORNEY/
co m m d ev\u : \pats\u se rd a to \wpd a to\res\ 10366 reso
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISC
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
1
1
1