HomeMy WebLinkAboutCity of Tamarac Resolution R-99-2351
September 8, 1999 - Temp. Reso. #8738 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- R �
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO APPROVE AND EXECUTE THE
INTERLOCAL AGREEMENT FOR THE
CREATION AND CONTINUATION OF THE
BROWARD COUNTY METROPOLITAN
PLANNING ORGANIZATION (BCMPO); CASE
NO. 13-MI-99; 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, the parties of this Interlocal Agreement desire to participate
cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive
transportation planning process to assure that highway facilities, mass transit, rail systems,
air transportation and other facilities will be properly located and developed in relation to
September 8, 1999 - Temp. Reso. #8738 2
1
the overall plan of community development; and
WHEREAS, pursuant to 23 CFR Section 450.306(c), and Section 339.175(1)(b),
Florida Statutes, an interlocal agreement must be entered into by the Department and the
governmental entities designed by the Governor for membership on the MPO; and
WHEREAS, the interlocal agreement is required to create the metropolitan planning
organization and delineate the provisions for operation of the MPO; and
WHEREAS, the undersigned parties have determined that this Agreement (attached
hereto as Exhibit "A") satisfies the requirements of and is consistent with Section
339.175(1)(b) and 163.01, Florida Statutes; and
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 authorize the
appropriate City Officials to approve and execute the Interlocal Agreement for the creation
and continuation of the Broward County Metropolitan Planning Organization (BCMPO);
Case No. 13-MI-99.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
1
1
u
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September 8, 1999 - Temp. Reso. #8738 3
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 Interlocal Agreement for the creation and continuation of the Broward
County Metropolitan Planning Organization (BCMPO); Case No. 13-MI-99 (attached hereto
as Exhibit "A").
SECTION 3: All resolutions or parts of resolutions in conflict herewith 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.
September 8, 1999 - Temp. Reso. #8738 4
J
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this cg 07 day of43-t��, 1999.
ATTEST:
CAROL GoLb, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I
Iproved this
UTIO as t fo m
ELL S. K
ATTORN
commdev\u:\pats\userd ata\wpd ata\res\8738reso
1
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR_ SCHREIBER
DIST 1 COMM. PORTNER
DIST 2: V/M MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM, ROBERTS
FF: OF= FLORIL)A D[P:\R1T11'.NT o)I 1 RANSPORTATION
FORA 5+5 010-0I
INTERLOCAL AGREEMENT FOR CREATION Or THE POLICY P1.ANNIM,
BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION ° C "5'
Pageagc I of 3a34
THIS INTERLOCAL AGREEMENT is made and entered into this c4 cA.— day0of
199—, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COU TY 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, SUNRISE, TAMARAC, COOPER CITY, DEERFIELD BEACH, HALLANDALE,
LAUDERDALE LAKES, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK AND PARKLAND; the
SCHOOL BOARD OF BROWARD COUNTY, FLORIDA and the BROWARD COUNTY LEAGUE OF CITIES.
RECITALS:
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 53031, 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 shall enter into an agreement
clearly identifying the responsibilities for cooperatively carrying out such transportation planning;
WHEREAS, the parties of this interlocal Agreement desire to participate cooperatively in the performance, on
a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities,
mass transit, rail systems, air transportation and other facilities will be properly located and developed in relation to the
overall plan of community development;
WHEREAS, 23 USC Section 134, as amended by the Intermodal Surface Transportation Efficiency Act of
1991, 49 USC Section 5303, 23 CFR Section 450.306, and Section 339.175, Florida Statutes, provide for the creation
�f metropolitan planning organizations to develop transportation plans and programs for metropolitan areas;
WHEREAS, pursuant to 23 USC Section 134(b), 49 USC Section 5303, 23 CFR Section 450.306(a), and
Section 339.175, Florida Statutes, a determination has been made by the Governor and units of general purpose local
government representing at least 75 % of the affected population in the metropolitan area to designate a metropolitan
planning organization;
WHEREAS, Section 339.175, Florida Statutes, has been amended to allow chartered counties with over 1
million population to elect to reapportion its MPO membership provided that the MPO approved the reapportionment
plan by a 3/4 vote of its membership, the MPO and the charter county determine that the reapportionment plan is
needed to fulfill specific goals and policies applicable to that metropolitan planning area and the charter county
determines that the reapportionment plan otherwise complies with all federal requirements pertaining to MPO
membership; and ,
WHEREAS, the above requirements have been met by the Broward County MPO and the Broward County
Board of County Commissioners; and
WHEREAS, pursuant to 23 CFR Section 450.306(c), and Section 339.175(1)(b), Florida Statutes, an interlocal
agreement must be entered into by the Department and the governmental entities designated for membership on the
MPO;
WHEREAS, the interlocal agreement is required to create the metropolitan planning organization and delineate
the provisions for operation of the MPO;
WHEREAS, the undersigned parties have determined that this Agreement satisfies the requirements of and is
consistent with Section 339.175(1)(b), Florida Statutes;
WHEREAS, pursuant to Section 339.175(1)(b), Florida Statutes, the interlocal agreement must be consistent
TEMP RESO #8738 EXHIBIT "A"
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with statutory requirements set forth in Section 163.01. Florida Statutes, relating to interlocal agreements: and
WHEREAS. the
undersigned parties have determined that this Agreement is consistent with the requirements*
g
Section 163.01, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the
parties desiring to be legally bound, do agree as follows:
ARTICLE I
RECITALS; DEFINITIONS
Section 1.01. Recitals. Each and all of the foregoing recitals be and the same hereby incorporated
herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing
recitals to be true and correct shall not operate to invalidate this Agreement.
Section 1.02. Definitions. The following words when used in this Agreement (unless the context shall
clearly indicate the contrary) shall have the following meanings:
"Agreement" means and refers to this instrument, as amended from time to time.
"Department" shall mean and refer to the Florida Department of Transportation, an agency of the State of
Florida created pursuant to Section 20.23, Florida Statutes.
FHWA" means and refers to the Federal Highway Administration.
"FTA" means and refers to the Federal Transit Administration.
C�
"Long Range Transportation Plan" is the 20-year plan which: identifies transportation facilities; includes a
financial plan that demonstrates how the plan can be implemented and assesses capital improvements necessary to
preserve the existing metropolitan transportation system and make efficient use of existing transportation facilities.
indicates proposed transportation enhancement activities; and in ozone/carbon monoxide nonattainment areas is
coordinated with the State Implementation Plan, all as required by 23 USC Section 134(g), 23 CFR Section 450.322.
Section 339.175(6), Florida Statutes.
"Metropolitan Area" means and refers to the planning area as delineated by the MPO for the urbanized area
containing at least a population of 50,000 as described in 23 USC Section 134(b)(1), 49 USC Section 5303(c)(1), and
Section 339.175, Florida Statutes, which shall be subject to the MPO.
"MPO" means and refers to the metropolitan planning organization formed pursuant to this Agreement.
"Transportation Improvement Program (TIP)" is the transportation document which includes the following
components: a priority list of projects and project phases; a list of projects proposed for funding; a financial plan
demonstrating how the TIP can be implemented; a listing of group projects: an indication of whether the projects and
project phases are consistent with applicable local government comprehensive plans adopted pursuant to Section
163,3161, et seq., Florida Statutes; and an indication of how improvements are consistent, to the maximum extent
facilities, with affected seaport and airport master plans and with public transit development plans of the units of local
government located within the boundaries of the MPO, all as required by 23 USC Section 134(h), 23 CFR Section
450.324, Section 339.175(7), Florida Statutes.
"Unified Planning Work Program (UPWP)" is the annual plan developed in cooperation with the Departme
and public transportation providers, that lists all planning tasks to be undertaken during a program year, together wt
a complete description thereof and an estimated budget, all as required by 23 CFR Section 450.314, and Section
339.175(8), Florida Statutes.
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ARTICLE 2
PURPOSE
Section 2.01. General Purpose. The purpose of this Agreement is to establish the MPO:
(a) To assist in the development of transportation systems embracing various modes of transportation in a
manner that will maximize the mobility of people and goods within and through this metropolitan area of this state and
minimize, to the maximum extent feasible for transportation -related fuel consumption and air pollution;
(b) To develop transportation plans and programs, in cooperation with the Department, which plans and
programs provide for the development of transportation facilities that will function as multi -modal and an intermodal
transportation system for the metropolitan area,
(c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning
process that results in coordinated plans and programs consistent with the comprehensively planned development of this
affected metropolitan area in cooperation with the Department;
(d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 USC
Section 134 and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act [49 USC Subsection 5303, 5304, 5305 and
5306]; and
(e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as
required by 23 USC Section 134 and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act [49 USC Subsection
5303, 5304, 5305 and 53061; 23 CFR, Parts 420 and 450 and 49 CFR Part 613, Subpart A: and consistent with
Chapter 339, Florida Statutes, and other applicable state and local laws.
Section 2.02. Ma'or MPO Responsibilities. The MPO is intended to be a forum for cooperative
decision, :Waking by officials of the governmental entities which are party to this Agreement in the development of
transportation -related plans and programs, including but not limited to:
(a) The long range transportation plan;
(b) The transportation improvement program;
(c) The unified planning work program;
(d) A congestion management system for the metropolitan area as required by state or federal law;
(e) Assisting the Department in mapping transportation planning boundaries required by state or federal
law;
(f) Assisting the Department in performing its duties relating to access management, functional
classification of roads, and data collection as necessary and appropriate by mutual agreement; and
(g) Performing such other tasks presently or hereafter required by state or federal law.
Section 2.03. MPO decisions coordinated with FDOT and consistent with comprehensive plans.
Chapter 334, Florida Statutes, grants the broad authority for the Department's role in transportation. Section 334.0444,
Florida Statutes, shows the legislative intent that the Department shall be responsible for coordinating the planning of a
safe, viable and balanced state transportation system serving all regions of the State. Section 339,155, Florida
Statutes, requires the Department to develop a statewide transportation plan, which considers, to the maximum extent
feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans. Section
339.175, Florida Statutes. specifies the authority and responsibility of the MPO and the Department in the management
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of a continuing, cooperative, and comprehensive transportation planning process for the metropolitan area.
In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339.�
Florida Statutes, the Department and all parties to this Agreement acknowledge thaat the provisions of the Local
Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161-3215, Florida
Statutes, are applicable to this Agreement. The parties to this Agreement shall take particular care that the planning
processes and planning integrity of local governments as set forth in aforementioned law shall not be infringed upon.
ARTICLE 3
MPO ORGANIZATION AND CREATION
Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the
membership apportionment plan approved by the Governor is hereby created and established pursuant to the
Agreement to carry out the purposes and functions set forth in Articles 2 and 5. Th,.- legal name of this metropolitan
planning organization shall be the BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION.
Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum, approval.
permit, notice, other proceeding or authorization is required under applicable law to undertake any power, duty, or
responsibility hereunder, or to observe, assume, or carry out any of the provisions of this Agreement, the MPO will,
to the extent of its legal capacity, comply with all applicable laws and requirements.
Section 3.03. Governing board to act as policy -making body of MPO. The governing board
established pursuant to Section 4.01 of this Agreement shall be the policy -making body forum of the MPO responsible
for cooperative decision -making of actions taken by the MPO. The Governing Board is the policy -making body that is
the forum for cooperative decision -making and will be taking the required approval action as the MPO.
Section 3.04. Submission of proceedings; Contracts and other documents. Subject to the right too
claim an exemption from the Florida Public Records Law, Chapter 119, Florida Statutes, the parties shall submit to
each other such data, reports, records, contracts, and other documents relating to its performance as a member of the
metropolitan planning organization as is requested. Charges to be in accordance with Chapter 119, Florida Statutes.
Section 3.05. Rights of review. All parties to this Agreement. and the affected Federal funding
agencies (i.e., FHWA, FTA, and FAA) shall have the rights of technical review and comment of MPO projects.
ARTICLE 4
COMPOSITION; MEMBERSHIP; TERMS OF OFFICE
Section4.01. Composition -and membership of governing board.
(a) The membership of the MPO shall consist of nineteen (19) voting representatives and one (1) non-
voting representative. The names of the member local governmental entities and the voting apportionment of the
governing board shall be as follows:
Three (3) voting members shall be Broward County Commissioners. One (1) voting member
shall be a Broward County Commissioner who is a member of the Tri-County Commuter
Rail Authority. Thirteen (13) voting members shall be municipal representatives. For the
purpose of determining municipal representation on the MPO, Broward County has been
divided into eight (8) municipal districts. In accordance with the plan, the two (2) most
populous municipalities in Districts 1, 5 and 6 , as designated on Table 1, shall each appoint
one(1) of its generally elected officials to be the voting representative for the districts. In .
Districts 2, 3, and 7 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. In District 4 and 8 the municipalities of Fort Lauderdale and Hollywood shall
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designate two (2) voting representatives each to be district representatives. The next most
populous municipality in each district as designated on Table I shall appoint a generally
elected official to serve as an alternate voting representative for that district, to the h1PO.
The Broward County League of Cities shall designate one (1) voting member who shall be an
elected official from a municipality which does not have a voting member on the MPO. The
School Board of Broward County, Florida shall designate two (2) generally elected officials.
one (1) as the voting representative and one (1) as the alternate representative to the MPO_
Theprocedures for determining when the alternate may vote shall be provided for in the
written rules adopted by the MPO pursuant to this Agreement. FDOT shall be a non -voting
member. The MPO membership is set forth on Table 2.
(b) In July of each year, the MPO shall review the population figures for each municipal district based
upon the annual population figures provided by the University of Florida. Based upon an increase in population as
demonstrated by the population figures provided by the University of Florida, the MPO shall amend Table 1, effective
the following October 1st, and request the two most populous municipalities within Districts 1, 5, and 6 and the most
populous municipality within Districts 2, 3 and 7 to designate a district representative. The municipality with the next
highest population within that municipal district shall appoint a generally elected official to serve as an alternate voting
representative for that district.
(c) In the event that a governmental entity that is a member of the MPO fails to fill an assigned
appointment to the MPO within sixty (60) days after notification by the Governor of its duty to appoint a
representative, that appointment shall be made by the Governor from the eligible individuals of that governmental
entity.
Section 4.02. Terms. Except as otherwise provided in Sec. 401(b) above, the term of office of
members of the MPO shall be four (4) years. The membership of a member who is a public official automatically
terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a
majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be
filled by the original appointing entity. A member may be appointed for one or more additional four (4) year terms.
ARTICLE 5
AUTHORITIES. POWERS, DUTIES AND RESPOtiSIBIL.ITIES
Section 5.01. General authority. The MPO shall have all authorities, powers and duties, enjoy all
rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or appropriate to
managing a continuing, cooperative, and comprehensive transportation planning process as specified in Section
339.175(4) and (5), Florida Statutes.
Section 5.02, Specific authority and powers. The MPO shall have the following powers and authority:
(a) As provided in Section 339.175(5)(h), Florida Statutes, the MPO may employ personnel
and/or may enter into contracts with local or state agencies and private planning or engineering firms to utilize the
staff resources of local and/or state agencies;
(b) As provided in Section 163.01(14), Florida Statutes, the MPO may enter into contracts for the
performance of service functions of public agencies;
(c) As provided in Section 163.01(5)O, Florida Statutes, the h1PO may acquire, own, operate,
maintain, sell, or lease real and personal property,
(d) As provided in Section 163.01(5)(m), Florida Statutes, the NIPO may accept funds, grants,
*assistance, gifts or bequests from local, State, and Federal resources:
(e) The MPO may promulgate rules to effectuate its powers, responsibilities. and obligations
enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rules and
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regulations; and]
(f) The MPO shall have such powers and authority as specifically provided in Sections 163.010
339.175, Florida Statutes, and as may otherwise be provided by federal or state law.
Section 5.03. Duties and responsibilities. The MPO shall have the following duties and
responsibilities:
(a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO shall create and appoint a
technical advisory committee;
(b) As provided in Section 339.175(5)(e), Florida Statutes, the MPO shall create and appoint a
citizens' advisory committee;
(c) As provided in Section 163.01(5)(o), Florida Statutes, the MPO membership shall be jointly
and severally liable for liabilities, and the MPO may respond to such liabilities through the purchase of insurance or
bonds, the retention of legal counsel, and, as appropriate, the approval of settlements of claims by its governing board;
(d) As provided in Section 339.175(8), Florida Statutes, the MPO shall establish a budget which
shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program;
(e) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation
planning process as required by 23 CFR Part 420 and 450, and 49 CFR Part 613, Subpart A, and consistent with
Chapter 339, Florida Statutes, and other applicable state and local laws;
(f) As provided in Section 339.175(9)(a), Florida Statutes, the MPO shall enter into agreemen
with the Department, operators of public transportation systems and the metropolitan and regional intergovernment
4D
coordination and review agencies serving the metropolitan area. These agreements will prescribe the cooperative
manner in which the transportation planning process will be coordinated and included in the comprehensively planned
development of the area;
(g) Prepare the Long -Range Transportation Plan;
(h) In cooperation with the Department, prepare the Transportation Improvement Program;
(i) In cooperation with the Department, prepare and annually update the Unified Planning Work
Program;
0) Prepare a congestion management system for the metropolitan area;
(k) Assist the Department in mapping transportation planning boundaries required by state or
federal law;
(1) Assist the Department in performing its duties relating to access management, functional
classification of roads, and data collection as necessary and appropriate by mutual agreement.
(m) Perform such other tasks presently or hereafter required by state or federal law;
(n) Execute certifications and agreements necessary to comply with state or federal law; and
(o) Adopt operating rules and procedures.
ARTICLE 6
FUNDING INVENTORY REPORT, RECORD -KEEPING
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Section 6.01. Funding. The Department shall allocate to the MPO for its performance of its
transportation planning and programming duties, an appropriate amount of federal transportation planning funds.
Section 6.02. Inventory report. The MPO agrees to inventory, to maintain records of and to
insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this
Agreement. This shall be done in accordance with the requirements of 23 CFR Part 420, Subpart A, 49 CFR Part 18,
Subpart C, and all other applicable federal regulations.
Section 6.03. Record -keeping and document retention. The Department and the MPO shall prepare
and retain all records in accordance with the federal and state requirements, including but not limited to 23 CFR Part
420, Subpart A, 49 CFR Part 18d, Subpart C, 49 CFR Section 18.42, and Chapter 119, Florida Statutes,
ARTICLE 7
MISCELLANEOUS PROVISION
Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Agreement
shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In
addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by
law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or
any legal or administrative entity created or authorized by this Agreement, in which case this performance may be
offered in satisfaction of the obligation or responsibility.
Section 7.02. Amendment, of Agreement. Amendments or modifications of this Agreement may
only be made by written agreement signed by all parties here to with the same formalities as the original Agreement.
No amendment may alter the apportionment or jurisdictional boundaries of the MPO without approval by the
Governor.
Section 7.03. Duration; withdrawal procedure.
(a) Duration. This Agreement shall remain in effect until terminated by the parties to this
Agreement; provided, however, that by no later than five years after the effective date of this Agreement and at least
every five (5) years thereafter, the Governor shall examine the composition of the MPO membership and reapportion it
as necessary to comply with Section 339.175, Florida Statutes, as appropriate. During examination of the MPO
apportionment every five (5) years by the Governor, this Agreement shall be reviewed by the MPO and the
Department to confirm the validity of the contents and to recommend amendments, if any, that are required.
(b) Withdrawal procedure. Any party, except the United States Bureau of the Census designated
center city(ies), may withdraw from this Agreement after presenting in written form a notice of intent to withdraw to
the other parties to this Agreement and the MPO, at least ninety (90) days prior to the intended date of withdrawal.
Upon receipt of the intended notice of withdrawal:
(1) The withdrawing member and the MPO shall execute a memorandum reflecting the withdrawal
of the member and alteration of the list of member governments that are signatories to this Agreement. The
memorandum shall be filed in the Office of the Clerk of the Circuit Court of each county in which a party hereto is
located; and
(2) The Office of the Governor shall be contacted, and the Governor, with the agreement of the
remaining members of the MPO, shall determine whether any reapportionment of the membership shall be appropriate.
The Governor and the MPO shall review the previous MPO designation, applicable Florida and local law, and MPO
rules for appropriate revision. In the event that another entity is to accorded membership in the place of the member
withdrawing from the MPO, the parties acknowledge that pursuant to 23 CFR Section 450.306(k), adding membership
to the MPO does not automatically require redesignation of the MPO. In the event that a party who is not a signatory
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to this Agreement is accorded membership on the MPO, membership shall not become effective until this Agreeni
amended to reflect that the new member has joined the MPO. 6
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:
Director of Planning & Programs
Florida Department of Transportation (FDOT) District l,V
3400 W. Commercial Boulevard
Ft. Lauderdale, FL 33309-3421
Broward County Board of County Commissioners, Chair
Broward County
115 South Andrews Avenue, Room 421
Ft. Lauderdale, FL 33301
Executive Director
Tri-County Commuter Rail Authority
800 NW 33rd Street, Suite 100
Pompano Beach, FL 33064
City Manager
City of Coral Springs
9551 W Sample Road
Coral Springs, FL 33065
City Manager
City of Fort Lauderdale
P. O. Drawer 14250
Ft. Lauderdale, FL 33302
City Manager
City of Lauderhill
2000 City Hall Drive
Lauderhill, FL 33313
City Manager
City of Pembroke Pines
10100 Pines Blvd
Pembroke Pines, FL 33026-3900
City Manager
City of Pompano Beach
P. O. Box 1300
Pompano Beach, FL 33061
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321
President
Broward County League of Cities
115 South Andrews Avenue, Rm. 122
Ft. Lauderdale, FL 33301
Town Manager
Town of Davie
6591 SW 45 Street
Davie, FL 33314-3399
City Manager
City of Hollywood
P. O. Box 229045
Hollywood, FL 33022-9045
City Manager
City of Margate
5790 Margate Blvd.
Margate, FL 33063
City Manager
City of Plantation
400 NW 73 Avenue
Plantation, FL 33317
City Manager
City of Sunrise
10770 W Oakland Park Blvd. 4th Floor
Sunrise, FL 33351
City Manager
City of Cooper City
9090 SW 50th Place
Cooper City, FL 33328
City Manager City Manager
City of Deerfield Beach
150 NE 2 Avenue
Deerfield Beach, FL 33441
City Manager
City of Lauderdale Lakes
4300 NW 36 Street
Lauderdale Lakes, FL 33319
City Manager
City of North Lauderdale
701 SW 71 Avenue
North Lauderdale, FL 33068-2395
City Manager
City of Parkland
6500 Parkside Dr
Parkland, FL 33067
City of Hallandale
400 S. Federal Highway
Hallandale, FL 33009
City Manager
City of Miramar
6700 Miramar Parkway
Miramar, FL 33023
City Manager
City of Oakland Park
3650 NE 12 Avenue
Oakland Park, FL 33334
Superintendent
School Board of Broward County
600 SE 3rd Avenue
Ft. Lauderdale, FL 33301
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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.
Section 7.05. Interpretation.
•(a) Drafters of Agreement. The Department and the members of the NIPO were each
represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this
Agreement and in choice of wording. Consequently, no provision hereof should be more strongly construed against
any party as drafter of this Agreement.
(b) Severability. Invalidation of any one of the provisions of this Agreement or any part,
clause or word hereof, or the application thereof in specific circumstances, by judgement, court order, or
administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of which-
shall remain in full force and effect; provided, that such remainder would then continue to conform to the terms and
requirements of applicable law.
(c) Rules of construction. In interpreting this Agreement, the following rules of construction
shall apply unless the context indicates otherwise:
(1) The singular of any word or term includes the plural;
(2) The masculine gender includes the feminine gender; and
(3) The word "shall" is mandatory, and "may" is permissive.
Section 7.06. Enforcement by parties hereto. In the event of any judicial or administrative action
to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's fees in connection
with such proceeding.
Section 7.07. Agreement execution,• Use of c1 to art signature pages. This Agreement, and any
amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be
deemed to be an original, and such counterparts together shall constitute one and the same instrument.
FORM 525-010 01
POLICY PLANNING
OGC • 05rvs
Page 10 Of Jd
Section 7-08. Effective date: Cost of recordation.
(a) Effective date. This Agreement shall become effective upon its filing in the Office of the is
Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become
effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is
located.
(b) Recordation. Broward County hereby agrees to record this Agreement in the Office of the
Circuit Court for each county in which a party is hereto located. The .recorded or filed original hereof, or any
amendment, shall be returned to the MPO for filing in its records.
IN WITNESS WHEREOF, the parties have made and executed this Amendment to the Interlocal
Agreement on the respective dates under each signature: the FLORIDA DEPARTMENT OF TRANSPORTATION,
signing by and through its , duly authorized to execute same; BROWARD COUNTY
through its BOARD of COUNTY COMMISSIONERS, signing by and through its Chair, authorized to execute same
by Board action on the day of , 1998; the TRI-COMMUTER RAIL AUTHORITY signing by
and through its , duly authorized to execute same; the CITY OF CORAL SPRINGS,
signing by and through its Mayor -Commissioner and City Manager, duly authorized to execute same; the TOWN OF
DAVIE, 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 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 PEMBROKE PINES,
signing by and through its Mayor -Commissioner and City Manager, duly authorized to execute same; the CITY OF
PLANTATION, signing by and through its Vice Mayor and City Manager, duly authorized to execute same; the CI�
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 and City Manager, duly authorized to
execute same, the CITY OF TAMARAC, signing by and through its Mayor and City Manager, duly authorized to
execute same; the CITY OF COOPER CITY, 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 HALLANDALE, signing by and
through its Mayor -Commissioner and City Manager, duly authorized to execute same; the CITY OF LAUDERDALE
LAKES, signing by and through its Mayor, 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 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 PARKLAND, signing by and through its Mayor -Commissioner and City
Manager, duly authorized to execute same; the SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, signing by
and through its , duly authorized to execute same; and the BROWARD COUNTY
LEAGUE OF CITIES, signing by and through its President, duly authorized to execute same.
Signed, Sealed and Delivered in the presence of:
(Every member of the MPO shall sign this Agreement with the appropriate witnesses)
0 DEPARTMENT
ATTEST: FLORIDA DEPARTMENT OF
TRANSPORTATION
day of , 19
APPROVED AS TO FORM:
Um
0
Attorney for FDOT
Page I 1 of ;4
Page 12 of 34
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and
Ex-Officio Clerk of the By
Board of County Commissioners Chair
of Broward County, Florida
day of 19_
Approved as to form by
Office of County Attorney
Broward County, Florida
Edward A. Dion
County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
M
Sharon L. Cruz
Deputy County Attorney
C�
LJ
TRI-COUNTY COMMUTER RAIL AUTHORITY
ATTEST: TRI-COUNTY COMMUTER RAIL
AUTHORITY
0
r�
•
Title:
day of , 19
APPROVED AS TO FORM:
Attorney for Authority
Pare 13 of 34
WITNESSES:
►vvimlis
Cd Clerk
Page 24 of 34
CITY OF TAMARAC
By_E
Mayor-GoffwHj
day of 19
5 l City Manager
day of ��+.,. S .r 19
APPR VE A O FORM:
y
Attorne,
r�
Y+gc 77 of 34
. SCHOOL BOARD
Witnesses: THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
By:
Chairperson
Attest:
Secretary
(Seal)
Approved as to form by School
Board Attorney
r�
•
Witnesses:
ACKNOWLEDGMENT
STATE OF FLORIDA ) SS.
COUNTY OF BROWARD )
Pa¢c ?3 of 14
I,EAGUE OF CITIES
THE BROWARD COUNTY LEAGUE OF CITIES
M
President
Attest:
Secretary
(Seal)
The foregoing instrument was acknowledged before me this day of
19 1 by _ and
, who are personally known to me.
(Seal)
NOTARY PUBLIC:
My Commission Expires: Name printed:
Commission #:
SLC/wp
8/2/99
#2mposig.mis
99-128
•
140
10
I*
TABLE 1
1999 MUNICIPAL REPRESENTATION
BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION
1
Coral Springs
Coral Springs
Parkland
Parkland
Tamarac
Tamarac
2
Coconut Creek
Margate
Deerfield Beach
Deerfield Beach
Margate
3
Hillsboro Beach
Pompano Beach
North Lauderdale
Lauderdale -by -the Sea
Lighthouse Point
North Lauderdale
Pompano Beach
Sea Ranch Lakes
4
Fort Lauderdale
Fort Lauderdale
Oakland Park
Lazy Lakes
(2 representatives)
Oakland Park
Wilton Manors
5
Lauderdale Lakes
Sunrise
Lauderdale Lakes
Lauderhill
Lauderhill
Sunrise
Weston
6
Cooper City
Plantation
Cooper City
Davie
Davie
Plantation
7
Miramar
Pembroke Pines
Miramar
Pembroke Park
Pembroke Pines
8
Dania Beach
Hollywood
Hallandale
Hallandale Beach
(2 representatives)
Hollywood
municipalrep.T I . wpd
•
TABLE 2
NEW MPO VOTING MEMBERSHIP SUMMARY
BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION
r�
.
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Florida Department of Transportation 1
mpotabU 0