HomeMy WebLinkAboutCity of Tamarac Resolution R-98-108J
April 8, 1998 -Temp. Reso. #8208 1
Revision No. 1 - April 14, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98- /05
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A TRI-PARTY
AGREEMENT BETWEEN THE CITY OF
TAMARAC, BROWARD COUNTY AND THE
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS (DCA) FOR THE COORDINATION,
PREPARATION AND ADOPTION OF THE
TRANSPORTATION ELEMENT OF THE CITY OF
TAMARAC COMPREHENSIVE PLAN AND
PROVIDING FOR ADOPTION SIX (6) MONTHS
AFTER BROWARD COUNTY HAS ADOPTED ITS
TRANSPORTATION ELEMENT; CASE NO. 10-
MI-98; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 163, Part II, Florida Statutes (F.S.) establishes the Local
Government Comprehensive Planning and Land Development Regulation Act (ACT);
and
WHEREAS, the Act authorizes the DCA to promulgate administrative rules to
implement the Act, enables the DCA to enter into Agreements, mandates that local
governments adopt a Comprehensive Plan, provides for local government
Comprehensive Plans to be periodically reviewed through the Evaluation and Appraisal
(EAR) process, and requires a local government within an urbanized area designated
as a Metropolitan Planning Organization (MPO) to adopt a transportation element in
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April 8, 1998 -Temp. Reso. #8208 2
Revision No. 1 - April 14, 1998
lieu of the previously required plan elements of traffic circulation, mass transit; ports,
aviation and related facilities; and
WHEREAS, Broward County and the City of Tamarac have adopted
comprehensive plans in compliance with the Act, are within an urban area designated
as an MPO, have adopted or are in the process of adopting EARs and EAR based
Comprehensive Plan amendments, and must each respectively adopt a transportation
element that is coordinated with the MPO plans and programs and that identifies land
use intensities and transportation management programs to promote public
transportation systems in designated corridors; and
WHEREAS, Rule 9J-5-019, F.A.C., is a new rule requirement and, therefore,
must be addressed as part of the EAR based amendment process; and
WHEREAS, the City of Tamarac and Broward County's EAR based amendment
schedules and the MPO long range plan schedule differ, making coordination with each
others plans difficult; and
WHEREAS, the support for public transportation should be conducted on a
County -wide basis rather than on a municipal -by -municipal basis; and
WHERAS, Broward County maintains a countywide travel demand forecasting
model needed to determine those land use intensities sufficient to support a public
transportation system; and
WHEREAS, pursuant to Section 163.317(4), Florida Statues, DCA is authorized
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April 8, 1998 Temp. Reso. #8208 3
Revision No. 1 — April 14, 1998
to enter into an agreement with the City of Tamarac and Broward County to effectuate
the provisions and purposes of Section 163.3177(6)(h), Florida Statutes; and
WHEREAS, the Director of Community Development recommends approval; 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 execute this Agreement between the City of Tamarac, Broward
County and the Florida Department of Community Affairs (DCA) for the coordination,
preparation and adoption of the City of Tamarac Transportation Element within the City of
Tamarac Comprehensive Plan and providing for adoption six (6) months after Broward
County has adopted its Transportation Element; Case No.10-MI-98.
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 execute
this Agreement beween the City of Tamarac, Broward County and the Florida Department
of Community Affairs (DCA) for the coordination, preparation and adoption of the City of
Tamarac Transportation Element within the City of Tamarac Comprehensive Plan and
providing for adoption six (6) months after Broward County has adopted its Transportation
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April 8, 1998 -Temp. Reso. #8208 4
Revision No. 1 - April 14, 1998
Element; Case No. 10-MI-98; (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.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL G D, CMC/AAE
CI1Y CLERK
I HEREBY CERTIFY that I
ha/ye approved this
REISOLUTION as to form-
MITCHELL S. K
CITY ATTORN
��. day of , 1998.
JOE SCHREIBER
MAYOR
RECORD OF COMMIS N VOTE
MAYOR
SCHREIBER
DIST 1:
COMM. McKAYE
DIST 2:
WM MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
• AGREEMENT BETWEEN THE
CITY OF TAMARAC, BROWARD COUNTY
AND THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
REGARDING THE TRANSPORTATION ELEMENT OF THE CITY
OF TAMARAC'S COMPREHENSIVE PLAN
THIS AGREEMENT is entered into this 22 day of April
1998, between and among the PARTIES, to wit, State of Florida municipal
corporations, hereinafter referred to as "MUNICIPALITY;" Broward County, a charter
county of the State of Florida, hereinafter referred to as "COUNTY;" and the Florida
Department of Community Affairs, the state land planning agency, hereinafter
referred to as "DCA."
WHEREAS, Chapter 163, Part II, Florida Statutes (F.S.) establishes the
Local Government Comprehensive Planning and Land Development Regulation
Act (Act); and
WHEREAS, the Act authorizes the DCA to promulgate administrative rules
to implement the Act, enables the DCA to enter into Agreements, mandates that
local governments adopt a Comprehensive Plan, provides for local government
Comprehensive Plans to be periodically reviewed through the Evaluation and
Appraisal (EAR) process, and requires a local government within an urbanized
0 area designated as a Metropolitan Planning Organization (MPO) to adopt a
Temp Reso #8208 Exhibit "A"
transportation element in lieu of the previously required plan elements of traffic
circulation; mass transit; ports, aviation, and related facilities; and
WHEREAS, COUNTY and MUNICIPALITY have adopted comprehensive
plans in compliance with the Act, are within an urban area designated as an
MPO, have adopted or are in the process of adopting EARS and EAR based
Comprehensive Plan amendments, and must each respectively adopt a
transportation element that is coordinated with the MPO plans and programs and —
that identifies land use intensities and transportation management programs to
Promote public transportation systems in designated public transportation
corridors so as to encourage population densities sufficient to support such
systems; and
WHEREAS, Rule 9J-5-019, F.A.C., is a new rule requirement and, -
therefore, must be addressed as part of the EAR based amendment process;
and
WHEREAS, the PARTIES agree the COUNTY and MUNICIPALITY EAR
based amendment schedules and the MPO long range plan schedule differ,
making coordination with each others plans and the MPO long range difficult; and
WHEREAS, the PARTIES agree that the identification of land use
intensities sufficient to support public transportation should be conducted on a
Countywide basis rather than on a municipal -by -municipal basis; and
WHEREAS, the COUNTY maintains a countywide travel demand
forecasting model needed to determine those land use intensities sufficient to
support a public transportation system and the COUNTY has agreed to model
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travel demand provided the COUNTY and MUNICIPALITY can reach consensus
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on the location and intensity of alternative land uses; and
WHEREAS, the MUNICIPALITY has agreed to cooperate with the
COUNTY in reaching consensus as to those locations where land use intensities
could be adjusted for transportation element modeling purposes; and
WHEREAS, the schedule herein will allow MUNICIPALITY to model its
Transportation Element based on and consistent with the COUNTY
Transportation Element; and
WHEREAS, pursuant to Section 163.317(4), Florida Statutes, DCA is
authorized to enter into an agreement with the MUNICIPALITY and COUNTY as
may be necessary to effectuate the provisions and purposes of -Section
163.3177(6)(h), Florida Statutes, relating to intergovernmental coordination; and
WHEREAS, DCA, MUNICIPALITY, and COUNTY have determined that
this Agreement is necessary to, and does, -effectuate the provisions and
purposes of Section 163.3177(6)(h), Florida Statutes; and
WHEREAS, pursuant to Motion/Resolution No. 98-108 adopted at its
meeting of Aria. zz , 1998, the MUNICIPALITY or COUNTY governing
body authorized the appropriate local government officials to enter into this
Agreement.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, and other good and valuable consideration, the
receipt and adequacy of which are hereby adknowledged, the PARTIES agree as
0 follows:
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0 1. The WHEREAS clauses set forth above are hereby fully
incorporated into this Agreement.
2. The COUNTY and MUNICIPALITY agree to coordinate the
preparation and adoption of their respective Transportation Elements
according to the role of the parties identified in Exhibit A and the schedule
set forth in Exhibit B.
3. The DCA agrees not to seek sanctions against COUNTY and
MUNICIPALITY pursuant to Section 163.3191(11), Florida Statutes (F.S.),
for not adopting a Transportation Element within the time frame specified by
Chapter 163.3191_,F.S.-
4. Compliance determinations for the Transportation Element shall be
made following submission of adopted elements according to the schedule in
Exhibit B.
5. COUNTY agrees to send MUNICIPALITY a copy of its proposed
Transportation Element and Support Documents when transmitting to DCA.
6. DCA agrees to send MUNICIPALITY a copy of COUNTY's
Objections, Recommendations, and Comments Report.
7. Any notice provided or permitted to be given under this Agreement
must be in writing and must be served by depositing same in United States
mail addressed to the party to be notified, postage prepaid and registered or
certified with return receipt requested; by delivering the same in person to
each party; by prepaid telegram or telex; by facsimile copy or express mail.
Notice given in accordance herewith shall be effective upon receipt at the
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address of the party to be served. For purposes of notice, the addresses of
the parties shall be as follows:
If to MUNICIPALITY: Mayor Joe Schreiber
7525 N.W. 88 Avenue
Tamarac, FL 33321
Telephone: (954) 724-1221
Facsimile: (954) 724-1226
Robert S. Noe, Jr., City Manager
7525 N.W. 88 Avenue
Tamarac, FL 33321
Telephone: (954) 724-1230
Facsimile: (954) 724-2454
Mitch Kraft, City Attorney
7525 N.W. 88 Avenue
Tamarac, FL 33321
Telephone: (954) 724-1240
Facsimile: (954) 724-2454
If to COUNTY: Peter M. Ross, Assistant Director
Department of Strategic Planning & Growth Management
115 S. Andrews Avenue, Room 329
Fort Lauderdale, FL 33301
Telephone: (954) 357-6602
Facsimile: (954) 357-8655
If to DCA: Kenneth Metcalf, Community Program Administrator
Division of Resource Planning and Management
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Telephone: (850) 487-4545
Facsimile: (850) 488-3309
8. Certification of Understanding and Voluntary Execution. The
PARTIES or authorized representatives each certify that they have read and
understand the terms and conditions of this agreement and that it is voluntarily
executed for the purposes set forth herein.
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9. Entire Agreement; Amendments. This document contains the
entire and exclusive understanding and agreement of the PARTIES not be
modified except by an instrument in writing signed by the parties hereto.
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IN WITNESS WHEREOF, the PARTIES, by their duly authorized
representatives, have executed this Agreement on the dates below written.
LOCAL GOVERNMENT: CITY OF TAMARAC
_ 1 /
-
- Joj--,S`chreiber -
Witness - Title: Mayor - -
/AAE - City Clerk
Carol Gold, 914C
Date: Aril998 Dat ' A ril 22, 1998
By:
Robert S. Noe, Jr., City M ager
BROWARD COUNTY An i
By -
Witness - Lori Nance Parrish
Title: Chair, Board of County Commissioners
Date: Date:
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
By
Witness James F. Murley
Title: Secretary
Date: Date:
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EXHIBIT "B"
The City of Tamarac will submit its Transportation Element to the
Florida Department of Community Affairs (DCA) six (6) months after
Broward County has adopted its Transportation Element.
C�
Temp Reso #8208