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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-067Temp. Reso. #13301 06/26/2019 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE TRANSPORTATION SURTAX INTERLOCAL AGREEMENT (ILA) AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF TAMARAC, FLORIDA TO EXECUTE THE ILA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 5, 2018, the Broward County Board of County Commissioners voted to place on the November 6, 2018 ballot a proposed transportation surtax levy of one percent (1 %); and WHEREAS, on August 21, 2018, the Broward County Board of County Commissioners approved the Transportation System Surtax Interlocal Agreement (the "Agreement') and requested that municipalities in Broward County approve the agreement; and WHEREAS, pursuant to Section 5.D. of the Agreement, the County has committed for each applicable year during which Transportation Surtax Proceeds are received by the County, an amount equal to no less than ten percent (10%) of the Transportation Surtax Proceeds received by the County that year, less the amount directly paid from the Transportation Surtax Proceeds for Community Bus Service, shall be used to fund Submitted Municipal Projects in the order of ranking by the Metropolitan Planning Organization (MPO), with the highest ranked project receiving the first funding; and WHEREAS, the Agreement became effective when, prior to September 30, 2018, the municipalities representing a majority of the population of Broward County Temp. Reso. #13301 06/26/2019 Page 2 formally approved, executed, and returned the executed Agreement to the County; and WHEREAS, on September 24, 2018, the City Commission adopted Resolution No. 2018-129, approving the agreement; and WHEREAS, on November 6, 2018, the voters of Broward County approved the Transportation Surtax; and WHEREAS, on June 11, 2019, the County Commission approved the First Amendment to the Transportation Surtax Interlocal Agreement (ILA) among the County, the Metropolitan Planning Organization (MPO) and thirty (30) municipalities executed by Broward County on August 29, 2018, attached hereto as Exhibit "'I", to remove municipal projects involving rehabilitation and maintenance of existing transportation facilities; clarify eligible project definitions, and, to conform ILA to certain substantive provisions established pursuant to a later -developed agreement with the MPO; and WHEREAS, the First Amendment to the Transportation Surtax ILA accomplishes the following: 1. Clarifies the definitions of eligible municipal projects; 2. Amends the date municipal project prioritization by surtax -funded MPO staff from February 202 to March 2020; 3. Recognizes the intent to create a five-year plan by July 2020 that will include all proposed projects funded wholly or in part with surtax proceeds; 4. Removes MPO's responsibility for prioritizing rehabilitation and maintenance projects allowing those projects to potentially be funded earlier in the thirty (30) year program; and 5. Other alignments in the ILA recognizing the agreement between the MPO and Broward County and approved by Broward County Commissioners on April 16, 2019. Temp. Reso. #13301 06/26/2019 Page 3 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 upon adoption hereof. SECTION 2: The City Commission of the City of Tamarac hereby approves the First Amendment to the Transportation Surtax Interlocal Agreement attached hereto as Exhibit 1" and authorizes the appropriate City Officials to execute same. 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. The remainder of this page is intentionally left blank PASSED, ADOPTED AND APPROVED this 10th day of July, 2019. ATTEST: PATRICIA TEUF L, C�MC CITY CLERK V I HEREBY CERTIFY that I have approved this RESOLUTION as to form. /// r119 SAM GO N CITY ATT RNEY Temp. Reso. #13301 06/26/2019 Page 4 6/j; xv (71 ICHELLE J. G M Z'` MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ DIST 1: COMM BOLTON DIST 2: COMM GELIN DIST 3: COMM FISHMAN DIST 4: V/M PLACKO FIRST AMENDMENT TO TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT This is the First Amendment (the "First Amendment") to the Transportation System Surtax Interlocal Agreement, entered into by and between Broward County, a political subdivision of the State of Florida (the "County"), the Broward Metropolitan Planning Organization, duly organized and existing under Section 339.175, Florida Statutes (the "MPO"), and the municipalities that have formally approved the Interlocal Agreement (collectively the "Municipalities") that was executed by the County on August 29, 2018 (the "Interlocal Agreement"). Recitals A. The transportation surtax ballot measure was approved by the voters on November 6, 2018, and the Parties desire to enter into this First Amendment to address the issues specified below. B. The Parties acknowledge that, under the Interlocal Agreement, the MPO is required to review, rank, and prioritize Submitted Municipal Projects based on each project's ability to alleviate traffic congestion and enhance connectivity. Because municipal rehabilitation and maintenance projects (involving the maintenance and rehabilitation of roads, sidewalks, bike paths, drainage, etc.) may not promote connectivity or alleviate traffic congestion, the amendments stated below, among other things, are intended to increase the likelihood that such projects will receive funding earlier in the Transportation Surtax Program. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Except as expressly modified herein, all terms and conditions of the Interlocal Agreement remain in full force and effect. Amendments made to the Interlocal Agreement by this First Amendment are indicated by use of strikethroughs to indicate deletions and underlining to indicate additions, unless otherwise stated. Terms used herein but not defined herein shall have the meaning ascribed to such terms in the Interlocal Agreement. 2. Section II, titled "Applications for Funding," is hereby amended to read as follows: Applications for Funding. All municipal projects included within the Regional Mobility & Transportation Enhancements Surtax Initiative, which will be were considered by the County Commission on September 13, 2018 (the "Current Municipal Projects"), shall be deemed to have been properly submitted by the Municipalities to the County consistent with Section 31%-75(h), Broward County Code of Ordinances, and are not required to be resubmitted. There are seven hundred nine (709) Current Municipal Projects (this number includes 506 municipal roadway and safety projects and 203 municipal maintenance and rehabilitation roeects), with an estimated cost of $2.8 billion (including the City Project Contingency and Community Bus Service). The Parties acknowledge that in any given year the County may, 1 but is not obligated to, fund more than the ten percent (10%) commitment (inclusive of Community Bus Service funding) provided for in Section V.D. of the Interlocal Agreement. ^"�eseThe 506 municipal roadway and safety projects have been submitted to the MPO for review, ranking, and prioritization, consistent with Section IV below. Consistent with the Interlocal Agreement entered into between the MPO and the County on April 16, 2019, an application process will be established by the Transportation Surtax -funded MPO staff to allow Municipalities to submit applications for new or amended projects, beyond the 506 Submitted Municipal Projects currently in the Plan to be prioritized based on their ability to enhance connectivity and alleviate traffic congestion. Transportation Surtax -funded MPO staff will accept, review, evaluate, and recommend existing and new municipal projects to be contained in a Five -Year Plan, due to be submitted by Transportation Surtax -funded MPO staff to County staff no later than July 2020. The County will develop a prioritization process for municipal rehabilitation and maintenance projects that allows Municipalities to submit new or amended rehabilitation and maintenance projects beyond the 203 currently contained in the Transportation Surtax Plan. The prioritization process for municipal rehabilitation and maintenance projects will acknowledge the age and condition of facilities while striving to achieve geographic and equitable distribution of Transportation Surtax Proceeds countywide to benefit all who participate in paving the surtax. The process will be presented to stakeholders and the County Commission prior to implementation. New or amended rehabilitation and maintenance project applications will be accepted from Municipalities by County staff through an annual process that will be developed and presented to Municipalities. 3. Section III, paragraph G is hereby amended to read as follows: G. Road Improvements — New roads, widening, kresurfacing and fea4 repairs of existing roads, pavement markings, signage, guardrails, ADA accommodations, and traffic calming projects are eligible. High -end decorative lighting, decorative road signage, brick pavers, and similar items are not eligible. 4. Section IV, titled "MPO Review and Ranking," is hereby amended to read as follows: MPO Review and Ranking. For all Current Municipal Projects and all future municipal projects submitted to the MPO (collectively, "Submitted Municipal Projects"), the Transportation Surtax -funded MPO staff agreers to review, rank, and prioritize the current and future projects (including the 506 projects currently in the plan that do not involve rehabilitation and maintenance) based upon each project's ability to alleviate traffic congestion and enhance connectivity. The 203 rehabilitation and maintenance projects (involving the maintenance or rehabilitation of roads, sidewalks, bike paths, bridges, etc.) currently in the plan will not be subject to MPO ranking and prioritization and will be eligible for funding from available Transportation Surtax Proceeds after the MPO submits its recommendations for projects that alleviate traffic congestion and improve connectivity. The parties hereto acknowledge that the MPO „4g4t lacks adequate resources and time to review, rank, and prioritize the Submitted Municipal Projects prior to calendar year 2020. The impact of this is addressed in Section V below. The MPO's obligation under this paragraph shall be subject to: (a) the County and the MPO entering into an agreement for the County to fund, from Transportation Surtax Proceeds (as defined below), the MPO's actual, reasonable costs of meeting this obligation; and (b) the County, and the MPO, Jam with Municipalities being represented through their representation on the MPO Board) F^^f^s^^*i^^ a MajGFity ^{ *"^ establishing in writing the methodologies and criteria pursuant to which the MPO will review, rank, and prioritize the applicable projects. The Parties agree that prioritization will be informed by each project's ability to alleviate traffic congestion and improve connectivity, but also acknowledge that Transportation Surtax -funded MPO staff may properly consider shovel - readiness, construction work planned in the vicinity of a proposed project, corridor delivery timing, and other existing conditions that allow surtax revenues to be utilized responsibly, efficiently, and with the least interruption to residents and businesses. Transportation Surtax -funded MPO staff will work with the County to develop an annual process that allows municipalities to submit eligible projects for MPO review, ranking, and prioritization. This application process will provide an option for Municipalities to "swap out" one or more of their existing eligible projects with a new project of similar cost, with the County's written consent. This process will be available commencing with the February 2021 annual municipal projects evaluation cycle. The County, through the Mobility Advancement Plan's administration, will prepare a budget, annually, to be approved in the normal course of the County's budget process, which includes municipal projects that have been prioritized by the Transportation surtax -funded MPO staff and approved as eligible for funding by the Independent Transportation Surtax Oversight Board. Municipalities will be notified by the MPO and the County individually, and collectively, at each stage of the budget processes so they are full, participating partners and will have a heightened comfort level regarding a five-year project and revenue forecast. 5. Section VI, titled "Conditions Precedent to Effectiveness of this Agreement; Joining After the Agreement Becomes Effective," is hereby deleted in its entirety. 6. The Parties hereto represent and acknowledge that the Village of Lazy Lake is the only municipality that has not approved the Interlocal Agreement and therefore is the only municipality that is currently not entitled to receive Transportation Surtax Proceeds, commencing with the initial distribution thereof. 7. This First Amendment represents the final and complete understanding of the Parties regarding the subject matter of the items addressed herein, and together with the remainder of the Interlocal Agreement, supersedes all prior and contemporaneous negotiations and discussions regarding that subject matter. There is no commitment, agreement, or understanding concerning the subject matter of this First Amendment that is not contained in this written document or the Interlocal Agreement. 8. The effective date of this First Amendment shall be the date of complete execution by the County, the MPO, and such Municipalities that, at the time the amendment is being considered, both (i) constitute a majority of the Municipalities that are parties to the Interlocal Agreement, and (ii) cumulatively represent more than fifty percent (50%) of the County's total population. The MPO's written approval of this First Amendment is required because it modifies express obligations of the MPO. 9. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same agreement. [Remainder of this page is intentionally blank] 4 IN WITNESS WHEREOF, the Parties have made and executed this First Amendment on the respective dates under each signature: BROWARD COUNTY, by its Board of County Commissioners, signing by and through its Mayor or Vice -Mayor, duly authorized to execute same by Board action on the day of , 2019; the MPO signing by and through its authorized officer or official, duly authorized to execute same by official action taken on the date identified on its signature page; and each Municipality signing by and through its authorized officer or official, duly authorized to execute same by official action taken on the date identified on its signature page. ATTEST: BROWARD COUNTY BROWARD COUNTY, by and through its Board of County Commissioners Broward County Administrator, as By ex officio Clerk of the Broward County Board of County Commissioners AJ W 1st Amendment Transportation Surtax ILA 05/21/2019 5 Mayor day of , 2019 Approved as to form by: Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By: Angela J. Wallace Deputy County Attorney day of 12019 By: FIRST AMENDMENT TO TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT BROWARD METROPOLITAN PLANNING ORGANIZATION Gregory Stuart, Executive Director This day of 2019. APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE OF AND RELIANCE BY THE BMPO ONLY: By: Alan L. Gabriel, BMPO General Counsel Weiss Serota Helfman Cole & Biermann, P.L. 0 By: Richard Blattner, Chair This day of 2019. FIRST AMENDMENT TO TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT CITY OF / 1i07.&I through its City Commission, signing by and through its Mayor or Vice ayo , authorized t execute the same by Board action on the /!% day of 20. WITNESS: % CITY B Y Signature of Witness 7 Mayor A. 0"eal-14- y / da of 2019 � Print of e Name of Witness , By Signatu a of,, itness City Manager ,c� cry 6w,01 Print of Type Name of Witness ATTE 9� City Cle W : ESTABLISHED Q= Approved as to legal form 1963 / ;0 SEAL Al CYJJ, City torney 7