HomeMy WebLinkAboutCity of Tamarac Resolution R-99-0521.1
February 17, 1999 - Temp. Reso. #8539 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO, R-99- 5_�X—
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. 1-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
February 17, 1999 - Temp. Reso. #8539 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. 1-MI-99.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
1
1
1
1.
February 17, 1999 - Temp. Reso. #8539 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. 1-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.
I
February 17, 1999 - Temp. Reso. #8539 4
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this c'2� day of 1999.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL GOLP)CMC/AAE-
OF COMINIIISSIO Juf
CITY CLERK
lx
I REBY BY CERTIFY that I
EDISSI'2:
v approved this
RE UTION as to form
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DIST 4:
S 'j L A N 0 F
COMM. ROBERTS
MITg4ELL S.K
ATTORN
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1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
INTERLOCAL AGREEMENT FOR CREATION OF THE FORM 5ANNI
POLICY PLANNING
BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION G.C. -05/98
Page I of 34
THIS INTERLOCAL AGREEMENT is made and entered into this 1 'z2LA day of
199 3,, by and between 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, PEM13ROKE PINES, PLANTATION,
POMPANO BEACH, SUNRISE, TAMARAC, COOPER CITY, DEERFIELD BEACH, HALLANDALE,
LAUDERDALE LAKES, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK AND PARKLAND; and the
SCHOOL BOARD OF BROWARD COUNTY, FLORIDA.
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 planting 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 of
• 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, pursuant to Section 339.175(3), Florida Statutes, by letter to Mayor William Griffin, MPO Chair,
dated November 2, 1998, the Governor has agreed to the apportionment plan of the members of the proposed MPO as set
forth in this Agreement;
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 by the Governor 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(l)(b), Florida Statutes;
WHEREAS, pursuant to Section 339.175(1)(b), Florida Statutes, the interlocal agreement must be consistent 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 of
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:
TEMP RESO #8539 EXHIBIT "A"
FORM 525-010-01
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ARTICLE 1
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.
"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 sea., 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 Department and
public transportation providers, that lists all planning tasks to be undertaken during a program year, together with a
complete description thereof and an estimated budget, all as required by 23 CFR Section 450.314, and Section 339.175(8),
Florida Statutes.
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;
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(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 53061;
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. The MPO is intended to be a forum for cooperative decision
making 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 dQcisions roordin=d wfth FDOT and consigenLE11h coforehensive . Chapter
334, Florida Statutes, grants the broad authority for the Department's role in transportation. Section 334.044, 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 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 that 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.
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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. The legal name of this metropolitan planning
organization shall be the BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION.
Section 3.02. MPO to operate aursuant IQ 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 bJPO. 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 documcllts. Subject to the right to
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 raiew. 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.
1 r�rrM111 ,rr 11MITIMr r r
(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 as approved by the Governor shall be as follows:
Four (4) 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 designate two (2) voting representatives
each to be district representatives. The next most populous municipality in each district as
designated on Table 1 shall appoint a generally elected official to serve as an alternate voting
representative for that district, to the MPO. The School Board of Broward County, Florida
shall designate two generally elected officials, one as the voting representative and one as the
alternate representative to the MPO. The procedures 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) All voting representatives shall be elected officials of general purpose local governments, except to the
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extent that the MPO includes, as part of its apportioned voting membership, a member of a statutorily authorized planning
• board or an official of an agency that operates or administers a major mode of transportation. All individuals acting as a
representative of the governing board of the county, the city, or authority shall first be selected by said governing board.
(c) In no event shall the county commission representatives constitute less than twenty percent of the total
number of representatives on the MPO.
(d) 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. 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.
Section 5.01. General, aWhor�ity. 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.
0 Section 5.02. Specific authoxay and 12oweXa.. The MPO shall have the following powers and
authority:
(a) As provided in Section 339.175(5)(g), 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)0), Florida Statutes, the MPO may acquire, own, operate,
maintain, sell, or lease real and personal property;
(d) As provided in Section 163.01(5)(m), Florida Statutes, the MPO 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
regulations; and]
(f) The MPO shall have such powers and authority as specifically provided in Sections 163.01 and
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;
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(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 agreements with
the Department, operators of public transportation systems and the metropolitan and regional intergovernmental
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
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
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. lnventorv_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. ReQQrd-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,
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Subpart A, 49 CFR Part 18d, Sub0 part C, 49 CFR Section 18.42, and Chapter 119, Florida Statutes.
ARTICLE
LLLLL
u :► •;• •�
Section 7.01.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. AmendW net of A,g er ement. 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.
(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 to this
Agreement is accorded membership on the MPO, membership shall not become effective until this Agreement is amended
to reflect that the new member has joined the MPO.
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 IV
3400 W. Commercial Boulevard
Ft. Lauderdale, FL 33309-3421
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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 N.W. 33rd Street, Suite 100
Pompano Beach, FL 33064
City Manager Town Manager
City of Coral Springs Town of Davie
9551 W Sample Road 6591 SW 45 Street
Coral Springs, FL 33065 Davie, FL 33314-3399
City Manager City Manager
City of Fort Lauderdale City of Hollywood
P. O. Drawer 14250 P. O. Box 229045
Ft. Lauderdale, FL 33302 Hollywood, FL 33022-9045
City Manager
City Manager
City of Lauderhill
City of Margate
2000 City Hall Drive
5790 Margate Blvd.
Lauderhill, FL 33313
Margate, FL 33063
City Manager City, Manager
City of Pembroke Pines City of Plantation
10100 Pines Blvd 400 NW 73 Avenue
Pembroke Pines, FL 33026-3900 Plantation, FL 33317
City Manager City Manager
City of Pompano Beach City of Sunrise
P. O. Box 1300 10770 W Oakland Park Blvd, 4th Floor
Pompano Beach, FL 33061 Sunrise, FL 33351
City Manager
City Manager
City of Tamarac
City of Cooper City
7525 NW 88 Avenue
9090 S.W. 50th Place
Tamarac, FL 33321
Cooper City, FL 33328
City Manager City Manager
City of Deerfield Beach City of Hallandale
150 NE 2 Avenue 400 S. Federal Highway
Deerfield Beach, FL 33441 Hallandale, FL 33009
City Manager City Manager
City of Lauderdale Lakes City of Miramar
4300 NW 36 Street 6700 Miramar Parkway
Lauderdale Lakes, FL 33319 Miramar, FL 33023
City Manager = City Manager
City of North Lauderdale City of Oakland Park
701 SW 71 Avenue 3650 NE 12 Avenue
North Lauderdale, FL 33068-2395 Oakland Park, FL 33334
•
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City Manager
City of Parkland
6500 Parkside Dr
Parkland, FL 33067
Superintendent
School Board of Broward County
600 S.E. 3rd Avenue
Ft. Lauderdale, FL 33301
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. InterprCtation.
(a) Drafters of Agreement. The Department and the members of the MPO 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 parry as drafter of
this Agreement.
(b) Suerability. 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. EIlforcement 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. 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.
Section 7.08. Effective d e: Cost of_recordation.
(a) EffeCtive date, This Agreement shall become effective upon its filing in the Office of the 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 undersigned parties have executed this Interlocal Agreement on behalf of
the referenced legal entities and hereby establish the above designated MPO.
00 Signed, Sealed and Delivered in the presence of:
[Every member of the MPO shall sign this Agreement with the appropriate witnesses] 01
Page 10 of 34
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 CITY 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; and the SCHOOL BOARD OF BROWARD COUNTY,
FLORIDA, signing by and through its , duly authorized to execute same.
0
0 DEPARTMENT
ATTEST: FLORIDA DEPARTMENT OF
TRANSPORTATION
day of , 19
APPROVED AS TO FORM:
LIMA
•
0
Attorney for FDOT
Page 11 or 34
ATTEST:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and
Ex-Officio Clerk of the By
Board of County Commissioners
of Broward County, Florida
Chair
day of , 19_
Approved as to form by
Office of County Attorney
Broward County, Florida
Noel M. Pfeffer
Interim County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
Sharon L. Cruz
Deputy County Attorney
Page 12 of 34
•
•
0
0 TRI-COUNTY COMMUTER RAIL AUTHORITY
ATTEST: TRI-COUNTY COMMUTER RAIL
AUTHORITY
QJ
•
11
Title:
day of , 19
APPROVED AS TO FORM:
UZ
Attorney for Authority
Page 13 of 34
Page 14 of 34
CITIES 0
WITNESSES: CITY OF CORAL SPRINGS
ATTEST:
City Clerk
M
day of
Mayor -Commissioner
19�
City Manager
day of 119
APPROVED AS TO FORM:
City Attorney
•
0
•
WITNESSES: TOWN OF DAVIE
City Clerk
C7
U
a
Mayor -Commissioner
day of , 19�
Town Manager
day of , 19
APPROVED AS TO FORM:
-0
Town Attorney
Pagc 15 of 34
WITNESSES: CITY OF FORT LAUDERDALE
ATTEST:
City Clerk
0
day of
Mayor -Commissioner
19
City Manager
day of , 19
APPROVED AS TO FORM:
City Attorney
Page 16 of 34
•
•
0
•
WITNESSES: CITY OF HOLLYWOOD
ATTEST:
L`
U
Mayor -Commissioner
day of , 19_
City Clerk City Manager
day of , 19_
APPROVED AS TO FORM:
City Attorney
Page 17 of 34
WITNESSES: CITY OF LAUDERHILL
ATTEST:
City Clerk
QI
Mayor
day of , 19
day of
APPROVED AS TO FORM:
City Attorney
19
Page 18 of 34
11
0
•
WITNESSES: CITY OF MARGATE
rv00036
•
'7
City Clerk
:A
Mayor -Commissioner
day of , 19
day of
APPROVED AS TO FORM:
Un
City Manager
City Attorney
19
Page 19 of 34
WITNESSES: CITY OF PEMBROKE PINES
ATTEST:
City Clerk
LI-A
day of
day of
Mayor -Commissioner
APPROVED AS TO FORM:
L-19
19�
City Manager
City Attorney
19
Page 20 of 34
C.
•
WITNESSES: CITY OF PLANTATION
ATTEST:
•
r 1
LJ
day of
Mayor -Commissioner
19
City Clerk City Manager
day of , 19 _
APPROVED AS TO FORM:
City Attorney
Page 21 of 34
WITNESSES: CITY OF POMPANO BEACH
ATTEST:
City Clerk
LM
Mayor -Commissioner
day of , 19
day of
APPROVED AS TO FORM:
M
City Manager
City Attorney
19
Page 22 of 34
•
C,
WITNESSES: CITY OF SUNRISE
ATTEST:
0
City Clerk
m
day of
day of
Mayor
APPROVED AS TO FORM:
Um
19�
City Attorney
iLl
Page 23 of 34
►ATJ101*f.3 M
CITY OF TAMARAC
By
Mayor -Commissioner
,Xday of19ff
ATTEST: �y
pC� J
City Clerk A\r�
V
1�s.hM
City Manager
'—day of \ , 19
Page 24 of 34
0
0
•
WITNESSES: CITY OF COOPER CITY
ATTEST:
•
City Clerk
Mayor -Commissioner
day of , 19
City Manager
day of
APPROVED AS TO FORM:
By
City Attorney
19
Page 25 of 34
WITNESSES: CITY OF DEERFIELD BEACH
ATTEST:
City Clerk
LIZ
Mayor -Commissioner
day of , 19
City Manager
day of , 19
APPROVED AS TO FORM:
By
City Attorney
Page 26 of 34
�J
0
•
WITNESSES: CITY OF HALLANDALE
ATTEST:
Mayor -Commissioner
day of , 19
City Clerk City Manager
day of , 19
APPROVED AS TO FORM:
By
City Attorney
Page 27 of 34
Page 28 of 34
WITNESSES: CITY OF LAUDERDALE LAKES
ATTEST:
City Clerk
I:
Mayor -Commissioner
day of , 19
•
City Manager
day of , 19
APPROVED AS TO FORM: .
By
City Attorney
•
WITNESSES: CITY OF MIRAMAR
►:400*19
1.1
City Clerk
Lm
Mayor -Commissioner
day of , 19
City Manager
day of
APPROVED AS TO FORM:
By
City Attorney
19
Page 29 of 34
WITNESSES: CITY OF NORTH LAUDERDALE
04110.0116
City Clerk
M
day of
Mayor -Commissioner
19
City Manager
day of , 19
APPROVED AS TO FORM:
a
City Attorney
Page 30 of 34
F, -I
L -A
•
0
•
WITNESSES: CITY OF OAKLAND PARK
ATTEST:
,7
City Clerk
Mayor -Commissioner
day of , 19
City Manager
day of
APPROVED AS TO FORM:
By
City Attorney
19_
Page 31 of 34
WITNESSES: CITY OF PARKLAND
ATTEST:
City Clerk
day of
day of
Mayor -Commissioner
APPROVED AS TO FORM:
19
City Manager
City Attorney
19
Pap 32 of 34
C,
•
r�
L J
• SCHOOL BOARD
Witnesses: THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
By:
Chairperson
•
Attest:
Secretary
(Seal)
Approved as to form by School
Board Attorney
ACKNOWLEDGMENT
STATE OF FLORIDA ) SS.
COUNTY OF BROWARD 1
The foregoing instrument was acknowledged before me this
19 by -----
, who are personally known to me.
(Seal)
My Commission Expires:
NOTARY PUBLIC:
Name printed:
Commission #:
Page 33 of 34
day of
and
•
•
Table 1 (Revised 1/99)
Proposed Municipal Representation
Broward County Metro olitan Planning Organization
Coral Springs
158,982
Coral Springs
Parkland
1
Parkland
Tamarac
Tamarac
Coconut Creek
131,670
Margate
Deerfield Beach
2
Deerfield Beach
Margate
Hillsboro Beach
117,467
Pompano Beach
North
Lauderdale -by -the -Sea
Lauderdale
3
Lighthouse Point
North Lauderdale
Pompano Beach
Sea Ranch Lakes
Fort Lauderdale
190,220
Fort Lauderdale
Oakland Park
4
Lazy Lakes
(2 representatives)
Oakland Park
Wilton Manors
Lauderdale Lakes
174,868
Sunrise
Lauderdale
5
Lauderhill
Lauderhill
Lakes
Sunrise
Weston
Cooper City
163,302
Plantation
Cooper City
6
Davie
Davie (new)
(new)
Plantation
Miramar
145,793
Pembroke Pines
Miramar
7
Pembroke Park
Pembroke Pines
Dania
174,467
Hollywood
Hallandale
8
Hallandale
(2 representatives)
Hollywood
YAELEI.WpD
Table 1 (Revised 1/99)
Proposed Municipal Representation
Broward County Metropolitan Planning Organization
Coral Springs
158,982
Coral Springs
Parkland
1
Parkland
Tamarac
Tamarac
Coconut Creek
131,670
Margate
Deerfield Beach
2
Deerfield Beach
Margate
Hillsboro Beach
117,467
Pompano Beach
North
Lauderdale -by -the -Sea
Lauderdale
3
Lighthouse Point
North Lauderdale
Pompano Beach
Sea Ranch Lakes
Fort Lauderdale
190,220
Fort Lauderdale
Oakland Park
4
Lazy Lakes
(2 representatives)
Oakland Park
Wilton Manors
Lauderdale Lakes
174,868
Sunrise
Lauderdale
5
Lauderhill
Lauderhill
Lakes
Sunrise
Weston
Cooper City
163,302
Plantation
Cooper City
6
Davie
Davie (new)
(new)
Plantation
Miramar
145,793
Pembroke Pines
Miramar
7
Pembroke Park
Pembroke Pines
Dania
174,467
Hollywood
Hallandale
8
Hallandale
(2 representatives)
Hollywood
TABLEI.WPD
C
•
•
C]
Table 2
New MPO Voting Membership Summary
Broward -County Metropolitan Planning Organization
•
..........
........ ...
Non voting Members
I�Tuml�er
Florida Department of
Transportation
1
0
Table 2
New MPO Voting Membership Summary
Broward County Metro olitan Planning Organization
•
•