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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-048March 2, 2001 - Temp. Reso. #9303 1 Revision No. 1 — March 7, 2001 0 IT F TAMARAC CITY , FLORIDA RESOLUTION NO. R-2001-48 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE AND EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE CREATION AND CONTINUATION OF THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION (BCMPO); CASE NO, 12-MI-01; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Federal Government, under the authority of 23 USC Section 134 and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act [49 USC Subsection 5303], requires that each metropolitan 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 metropolitan area, and stipulates that the State and the Metropolitan Planning Organization (MPO) shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying out such transportation planning; and WHEREAS, on September 22, 1999, the City Commission of the City of Tamarac approved Resolution No. R-99-235 approving the execution of an Interlocal Agreement for the Creation and Continuation of the Broward County Metropolitan Planning Organization (BCMPO) by appropriate City Officials; and 0 WHEREAS, the City of Cooper City has determined that it does not wish to be an March 2, 2001 - Temp. Reso. #9303 2 Revision No. 1 - March 7, 2001 alternate member of the BCMPO; and WHEREAS, the BCMPO voted to ask the Town of Southwest Ranches to become an alternate member to the BCMPO and on November 9, 2000 the Town of Southwest Ranches approved the First Amendment to the BCMPO Interlocal Agreement; and WHEREAS, the BCMPO has prepared the First Amendment to the Interlocal Agreement for the Creation and Continuation of the Broward County Metropolitan Planning Organization (BCMPO) to reflect the removal of the City of Cooper City as an alternate member of the BCMPO and the inclusion of the Town of Southwest Ranches as an alternate member of the BCMPO (attached hereto as Exhibit "A") and has requested approval of all parties included within the Agreement; and WHEREAS, the Director of Community Development recommends that the City Commission approve and execute the First Amendment to the Interlocal Agreement forthe Creation and Continuation of the Broward County Metropolitan Planning Organization (BCMPO); and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to approve and execute the First Amendment to the Interlocal Agreement for the Creation and Continuation of the Broward County Metropolitan Planning Organization (BCMPO); Case No. 12-MI-01. E, • I-] March 2, 2001 - Temp. Reso. #9303 3 Revision No. 1 — March 7, 2001 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: The appropriate City Officials are hereby authorized to approve and execute the First Amendment to the Interlocal Agreement for the Creation and Continuation of the Broward County Metropolitan Planning Organization (BCMPO); Case No. 12-MI-01 (attached hereto as Exhibit "A") SECTION 3: All resolutions or parts of resolutions in conflict heriwith are hereby repealed to the extent of such conflict. SECTION 4- 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1;FC'.TInN c;- passage and adoption. March 2, 2001 - Temp. Reso. #9303 4 Revision No. 1 — March 7, 2001 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 14th day of March, 2001. ATTEST: �» � SON, CMC TY CLERK p`r"BY CERTIFY that I have "approved this .F U1 I T /A 1 1 UMN com mdev\u:\pats\u serdata\wpdata \res\9303reso JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN — DIST 3: COMM. SULTANOR DIST 4: VIM ROBERTS _.,.1 • EXHIBIT "A" TEMP RESO #9303 FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR CREATION of the BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION Among FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF BROWARD; the TRI-COUNTY COMMUTER RAIL AUTHORITY, the CITY(TES) OF CORAL SPRINGS, DAVIE, FORT LAUDERDALE, HOLLYWOOD, LAUDERHILL, MARGATE, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SOUTHWEST_ RANCHES, SUNRISE, TAMARAC, COOPER CITY, DEERFIELD BEACH, HALLANDALE BEACH, LAUDERDALE LAKES, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK AND PARKLAND; THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA and the BROWARD COUNTY LEAGUE OF CITIES. This First Amendment to the Interlocal Agreement, entered into by and among the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF BROWARD; the TRI-COUNTY COMMUTER RAIL AUTHORITY, the CITY(IES) OF CORAL SPRINGS, DAVIE, FORT LAUDERDALE, HOLLYWOOD, LAUDERHILL, MARGATE, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SOUTHWEST RANCHES, SUNRISE, TAMARAC, COOPER CITY, DEERFIELD BEACH, HALLANDALE BEACH. LAUDERDALE LAKES, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK AND PARKLAND; THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA and the BROWARD COUNTY LEAGUE OF CITIES. WITNESSETH WHEREAS, the City of Cooper City has determined that it does not wish to be a party to this Interlocal Agreement; and WHEREAS, the Town of Southwest Ranches became an incorporated municipality on June 6, 2000, and WHEREAS, the parties to this Interlocal Agreement wish to amend this Interlocal Agreement to delete the City of Cooper City and to add the Town of Southwest Ranches, NOW, THEREFORE, the parties, in consideration of the mutual promises and covenants hereinafter set forth, agree as follows: 1. The attached Table 1 is hereby revised to delete Cooper City as the Alternate Member in District 6 and include the Town of Southwest Ranches as the Alternate Member in District 6. u. Section 7.04, Notices is hereby amended to delete the City of Cooper City and to add the Town of Southwest Ranches as follows: Section 7.04. Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid, return receipt requested. Notice required to be given shall be addressed as follows: r .h�i=TIMM-M-1 11,492, D Mayer Town of Southwest Ranches c/o Southwest Ranches, FL A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. 3. The Town of Southwest Ranches hereby agrees to the terms and conditions of the Interlocal Agreement recorded in OR Book 30444, Page 1278. 4. Except as amended herein all other terms and conditions of the Interlocal Agreement recorded in OR Book 30444, Page 1278 shall remain in full force and effect. %i IN WITNESS WHEREOF, the parties hereto have made and executed this First Amendment to the Interlocal Agreement on the respective dates under each signature, the CITY OF TAMARAC through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, duly authorized to execute the same. CITY OF TAMARAC By Joe Schreiber, Mayor Date: ATTEST: 1Wfl� weanson, CMC sl°' Jeffr L. iller, City Manager Clerk Dat$�".' Date: ��r/0- M Appro ad as to form and legal suffic ncv: / . Kraff/)City Attorney 3