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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-132Temp. Reso. # 6564 9 30 11 32 33 14 35 16 17 1B 39 22 23 24 2$ 26 27 28 29 30 33 32. 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93- A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PLANNING JOINT PARTICIPATION AGREEMENT BETWEEN BROWARD COUNTY, CORAL SPRINGS, DEERFIELD BEACH, FORT LAUDERDALE, HOLLYWOOD, LAUDERHILL, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SUNRISE, TAMARAC, DAVIE, HALLANDALE, LAUDERDALE LAKES, MARGATE, MIRAMAR, NORTH LAUDERDALE,, OAKLAND PARK AND PARKLAND AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CREATE AND ESTABLISH "THE BROWARD COUNTY METROPOLITAN PLANNING ORGAN IZATION" (MPO) TO ASSURE ELIGIBILITY FOR THE RECEIPT OF. FEDERAL CAPITAL AND OPERATING ASSISTANCE AND 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 THE AFFECTED URBANIZED AREAS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City' officials are hereby authorized to execute a Planning Joint Participation Agreement between Broward County, Coral Springs, Deerfield Beach, Fort Lauderdale, Hollywood, Lauderhill, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Tamarac, Davie, Hallandale, Lauderdale Lakes, Margate, Miramar, North Lauderdale, Oakland Park and Parkland and the Florida Department of Transportation to create and establish THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) to assure eligibility for the receipt of Federal capital and operating assistance and to implement and ensure a continuing, cooperative, and compre- hensive transportation planning process that results in coordinated plans and programs consistent with the compre- hensively planned development of the affected urbanized area, a copy of said agreement being attached hereto as "Exhibit 1". Temp. Reso. # 6564 SECTION 2: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED thisc,2 T day of ,1993. ATTEST: AAA. S CITY CLERK I HEREBY CERTIFY that have approved this Resol ion as tg-�orm . A IYCHELL V . /C I TY ATTC MAYOR DIST 1: DIST. 2: DIST. 3: DIST. 4: L. BENDER MAYOR - RECORD OF COUNCIL VOTE 0 WPI NO.: FUND: JOB NO.: FUNCTION: FEDERAL NO.: CONTRACT NO.: SAMAS APPROP.: SAMAS OBJ: ' __ ORG. CODE:_ VENDOR NO.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANNING JOINT PARTICIPATION AGREEMENT STANDARD INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT is made and entered into this day of ,19_, by and between BROWBROWARD QQ= AND THE MUNICMA=!QF CQRAL SPRING& 12EERFTF-T.D BEA H. T LAUDERDAU, HQLL`YWO0D,-LAjMERjaLL,MBR KE 2MM, PLA_NTAnQN. MAKSIA 1 1KAMAK K llALOAKLAND PARK AND PARKLANDjand the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and creates and establishes, THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION for Broward County, hereinafter called the MPO; 11191 �C`T.` -N1 Y ► I WHEREAS, the parties to 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; and WHEREAS, the Federal Government, under the authority of 23 U.S.C. 134 and Section 3(a)(2), 4(a), 5(g)(1), and 5(h)(1) of the Federal Transit Act ((49 U.S.C. 1602(a)(2), 1603(a) and 16,04(g)(1) and (h)(1)], requires that each urbanized 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 urbanized area, and stipulates that the State and the MPO shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying out such transportation planning; and WHEREAS, Regulations of the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA), 23 CFR 450 (hereinafter called the Rules), provide for the designation of MPOs by the Governor; and WHEREAS, Chapter 339.175 of the Florida Statutes provides for the creation, designation and apportionment of the MPOs consistent with the federal laws and rules identified above; and WHEREAS, the Governor of the State of Florida redesignated the MPO on March 23, 1993. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein the parties agree as follows: � 0 -113 6?-" 0 1.00 PURPOSE The purpose of this Interlocal Agreement is to assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 U.S.C. 134 and Sections 3(a)(2), 4(a), 5(g)(1), and 5(h)(1) of the Federal Transit Act [(49 U.S.C. 1602(a)(2), 1603(a), and 1604(g)(1) and (h)(1)], and 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 the affected urbanized area in cooperation with the Department. Chapter 334, Florida Statutes (F.S.), grants the broad authority for the Department's role in transportation. Section 334.044, F.S., evidences the legislative intent that the Department be responsible for coordinating the planning of a safe, viable and balanced state transportation system serving all regions of the State. Section 339.155, F.S., requires the Department to develop a statewide transportation plan in conjunction with local governmental entities including, but not limited to, regional planning agencies for all Metropolitan Statistical Areas. Section 339.175, F.S., 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 urbanized area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339, F.S., the Department and all parties to this Agreement acknowledge that the provisions of Section 163.3161 - 163.3215, F.S., the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, are applicable to this Agreement and those parties shall take particular care that the planning processes and planning integrity of local governments as set forth in that Act as evidenced by the legislative intent expressed in Chapter 334 and 339, F.S., shall -not be infringed upon. 2.00 THEPROJECT .01 Es ta fish MP - The "Project" is defined as the continuing, cooperative and comprehensive transportation planning process for Broward County. .02 Purs ant to FederalState and 1 law - In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to undertake any Project hereunder, or to observe, assume, or carry out any of the provisions of the Agreement, the MPO will, to the extent of its legal capacity, comply with all applicable laws and requirements and work toward the accomplishment and fulfillment of its objectives. .03 Submission of r in nt and -other d iments - The MPO shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require. .04 Rights f i -All parties to this agreement, and the affected Federal funding agency (i.e. FHWA, FTA and FAA) shall have the rights of technical review and comment of MPO projects. 3.00 COORDINATION AND AGREEMENT The designated MPO shall carry out transportation planning and programming activities as identified in the Agreement between the Department and the MPO. The MPO may carry out those activities contained in this Agreement to meet Federal funding eligibility requirements for Federal planning purposes. Section 112 planning funds will be made available by agreement upon MPO Designation by the Governor. 4.00 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE .01 The membership of the Broward County MPO shall be in accordance with the reapportionment plan which is set forth in Table 1 (which is attached hereto and made a part hereof), and which was approved by the Governor on March 23, 1993. .02 The voting membership of the M.P. 0. shall consist of seventeen (17) members. 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. Twelve (12) voting members shall be municipal representatives. For the purpose of determining municipal representation on the M.P.O., Broward County has been divided into eight (8) municipal districts. In accordance with the plan, the two (2) most populous municipalities in Districts 1 and 5, 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, 6 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 Districts 4 and 8 the municipalities of Fort Lauderdale and Hollywood shall designate two (2) voting representatives to be district representatives, at least one of which must be a generally -elected official and other may be either a generally elected official or member of a statutorily authorized planning board or transportation, expressway, aviation or port authority. 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 M.P.O. The procedures for determining when the alternate may vote shall be provided for in the written rules adopted by the M.P.O. pursuant to this Agreement. .03 In urbanized areas in which authorities or other agencies have been, or may be created by law to perform transportation functions that are not under the jurisdiction of local elected officials, they may be considered by the Governor for one voting membership on the MPO. Provided, however, in urbanized areas in which authorities or other agencies have been, or may be, created by law to perform public transit functions that receive financial assistance or grants from the State, said authorities or agencies shall have one voting membership on the MPO. Said member shall be an elected official appointed by the respective authority or other agency performing public transit functions or where there is more than one public transit agency in the urbanized area, the member shall be elected by vote of the transit agencies. The county commission shall compose not less than 25 percent of the MPO membership when a public transit representative has been appointed. R'- q 3 ' /,3,?, .04 The government entity designated shall appoint the appropriate number of members to the MPO from eligible officials. Representatives of the Department shall serve as non -voting members of the MPO. .05 The term of office of members of the Metropolitan Planning Organization shall be four (4) years. .06 Appointments to the MPO shall be made by each of the parties to this agreement within sixty (60) days after the notification by the Governor of the duty of each governing body to make such appointments. If any governing body fails to fill an assigned appointment to the MPO within such sixty (60) day period, the appointment shall be made by the Governor from eligible representatives of the appropriate governing body. 5.00 POWERS, RESPONSIBILY11EES AND OBLIGATIONS .01 The MPO shall have all powers, enjoy all rights, privileges, and immunities, exercise all • responsibilities and perform all obligations as specified in Section 339.175(2)(b), F.S., and other sections and as authorized in Section 163.01, F.S., and made a part hereof, including, but not limited to, the following: .02 The MPO may employ personnel and, pursuant to contract, it may utilize the staff resources of local and/or state agencies (§339.175(19), F.S.). .03 The MPO shall enter into agreements with the Department, operators of public mass transportation services and the metropolitan and regional intergovernmental coordination and review agencies serving the urbanized area. These agreements will prescribe the cooperative manner in which the transportation planning process will be accomplished (§§339.175(12), (13) and (14), F.S.). .04 The MPO may enter into contracts (§163.01(14), F.S.). .05 The MPO may acquire, own, operate, maintain, sell, or lease real and personal property (§163.01(5), F.S.). .06 The MPO may accept funds, grants, assistance, gifts or bequests from Local, State, and Federal resources (§163.01(5), F.S.). .07 The MPO shall establish a budget which shall operate on a July 1 to June 30 basis as required by the Unified Planning Work Program (UPWP). .08 ` The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein - provided said rules do not supersede or conflict with applicable local and state laws, rules and regulations (§163.01(5) and (a), F.S.). The MPO, in promulgating rules, policies, bylaws and procedures, shall coordinate with the Department to obtain its concurrence prior to MPO approval and implementation of such rules, policies, bylaws and procedures. • .09 The MPO, in cooperation with the Department, shall carry out the urban transportation planning process as required by Title 23 of the Code of Federal Regulations (CFR), Parts 420 and 450, and consistent with Chapter 339, F.S., and other applicable -state and local laws. .10 Plans and programs developed by the MPO carrying out the urban transportation planning process shall be in compliance with Department procedures, Federal regulations and State laws. 6.00 CONTRACTS OF THE MPO All contractual agreements must be approved by the affected federal funding agency and the Department. Except as otherwise authorized in writing by the Department, and the affected Federal funding agency where State or Federal funds are to be used, the MPO shall not execute any contract or obligate itself in any other manner with any third party with respect to the Project without the prior written concurrence of the Department, FHWA, FTA, or FAA, as appropriate. Subletting of consultant(s) contracts involving funds administered by FHWA shall be in accordance with the requirements of 23 CFR and all other applicable Federal Regulations which by reference hereto are made part of this Agreement. 7.00 INVENTORY REPORT .01 The MPO agrees to inventory, to maintain records of and to insure the 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 and all other applicable Federal Regulations. The MPO shall make all records and necessary information readily available to the Department in order for the Department to conduct a review of and determine the accuracy of the MPO inventories, property control information, and its compliance with the requirements of 23 CFR and all other applicable Federal Regulations. .02 The Department will maintain all records in accordance with the Federal -Aid Policy Guide, 23 CFR 17, "Record Keeping and Retention Requirements for Federal -Aid Highway, Records of State Highway Agencies". 8.00 MISCELLANEOUS PROVISION .01 How Contogt Aff ected by ProvisionLbeingHgld Invalid - If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. .02 State or Territorial Law - Nothing in the Agreement shall require the MPO to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law. Provided, that if any of the provisions of the Agreement violate any applicable State law, the MPO will at once notify the Department in order that appropriate changes and modifications may be made by the Department and MPO to the end that the MPO may proceed as soon as possible with the Project. Page 5 of 30 / - � 3 �/ 3 'p-, 9.00 EXECUTION OF AGREEMENT • This Interlocal Agreement may be, simultaneously .executed in several counterparts, each of which executed shall be deemed to be an original,and such counterparts together shall constitute one and t same instrument. 10.00 CONSTITUTIONAL OR STATUTORY DUTMIS AND RESPONSrniz TIIGN O 11M PARTMS TO TIM AGREEMENT This Agreement shall not be construed to authorize the delegation of the constitutional or statutory dutu Of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligatic or responsibility imposed upon them by law except• to the extent of actual and timely perf ornmM thereof by one or more of the parties to this Agreement or any legal or administrative entity create authorized by this Agreement, in which case the performance may be offered in satisfaction of th obligation or responsibility. 11.00 DURATION OF AGREEAND Wr=RAWAL PROC;T.,DURE This Agreement shall remain in -affect until terminated by the panics to the Agreement. Any party ma, withdraw from said Agreement after presenting in written form a notice of intent to withdraw to the other parties, at least 90 days prior to the intended date of withdrawal, provided, however, that financia commitments made prior to withdrawal arc effective and binding for their full term and amoun- regardless of withdrawal. 12.00 AMENDMENT OF AGREEMENT Amendments to or modifications of this Agreement may only be made by written agreement signed by all partilt hereto with the same formalities as the original Agreement and shall not be effective until it is filed with the Clerk of Circuit Court of each county where a party hereto is located ,pursuant to Section 163.01(11), F.S. 13.00 INDEMNITICATION The MPO agrees that it will indemnify and hold harmless the Department and all of the Departm ofr[CM, agents, and employees from any claim, loss, damage, cost, charge or expense arising outW any act, action, neglect or omission by the MPO during the performance of the contract, whether direct or indirect, and whether to any person or property to which the Department or said parties may be subject, except the MPO will not be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the Department or any of its officers, agents, or empinyees. Pase 6 of 30 11 14.00 CONFIItMATION OF AGREEMENT The Agreement shall be reviewed by the MPO and the Department to confirm the validity of the contents and to recommend the type of amendments, if any, that are required. Review of this Agreement shall occur whenever an MPO Reapportionment Plan is developed for approval by the Governor pursuant to his/her procedure for MPO Reapportionment. 15.00 AGREEMENT FORMAT All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 16.00 EFFECTIVE DATE This Agreement shall become effective upon execution by all parties hereto and filing with the Clerk of the Circuit Court of each county where a party to the Agreement is located. XftQ%%n'00=NTRA00=I'AM.iu LJ � , 73 , i,3,� IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the day of , 19 ; the CITY OF CORAL SPRINGS, 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 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 Finance Director, 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 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 Mayor, duly authorized to execute same; the CITY OF POMPANO BEACH, signing by and through its Vice Mayor 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 Manger, duly authorized to execute same; the TOWN OF DAVIE, signing by and through its Mayor 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 MARGATE, signing by and through its Mayor -Commissioner and City Manager, 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 FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and through its , duly authorized to execute same. Page 8 of 30 �J L� ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida ATTEST: K0 4" BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Gerald F. Thompson, Chair day of , 19 Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357--7600 Telecopier: (305) 357-7641 By Secretary By Deputy County Attorney (CORPORATE_ SEAL) day of 19 Page 9 of 30 INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND THE MUNICIPALITIES OF CORAL SPRINGS, DEERFIELD BEACH, FORT LAUDERDALE, HOLLYWOOD, LAUDERHILL, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SUNRISE, TAMARAC, DAVIE, HALLANDALE, LAUDERDALE LAKES, MARGATE, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK AND PARKLAND AND THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE METROPOLITAN PLANNING ORGANIZATION 1"I40v4*J6344 '�PffillMg.Ep' WIRANO, ATTEST: CITY OF TAMARAC B .� Y Mayor -Commissioner H. L. BENDER Z 3 day of 19 o9Whday of , 19 City Clerk CAROL A. EVANS CITY OF TAB(;, APPROVED AT MEETING OF _9 -) APPRO AS TO FORM: t. B ty = rney M=Z. 9 Page 19 of 30 C7 TABLE 1 MU ICIPAL CN BROPOFtD COUNTY METROPOLITAN PLANNING ORC,ANIZATIO[N District Municipal District 1990 Number Cities P22alation Representative(s) Alternate 1 Coral Springs 127,823 Coral Springs Parkland (new) Parkland Tamarac (new) Tamarac 2 Coconut Creek 116,795 Deerfield Beach Margate Deerfield Beach Margate 3 Hillsboro Beach 114,652 Pompano Beach N. Lauderdale Lauderdale -By -The Sea Lighthouse Point North Lauderdale Pompano Beach Sea Ranch Lakes 4 Fort Lauderdale 187,540 Fort Lauderdale Oakland Park Lazy Lakes (2 representatives) Oakland Park Wilson Manors 5 Lauderdale Lakes 141,456 Sunrise Lauderdale Lauderhill Lauderhill(new) Lakes(new) Sunrise 6 Davie 113,909 Plantation Davie Plantation 7 Cooper City 126,906 Pembroke Pines Miramar Miramar Pembroke Pines 8 Dania 170,650 Hollywood Hallandale Hallandale (2 representatives) Hollywood Pembroke Park 1p 43m