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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-307Introduced by: Temp. Reso. # 4251 11 21 Kv 4 6 7 8 9 10 11 12 13 14 15 16 19 1 20 1 21 22 23 24 25 `6 27 28 t 9 32 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86--:� D T A RESOLUTION APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY, ET AL, PERTAINING TO THE METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: - T That the City Council of the City of Tamarac hereby approves an Agreement between the City of Tamarac and Broward County, et al, pertaining to the Metropolitan Planning Organization attached hereto and made a part hereof as Exhibit "A"; ESES CTI0V___Z: That the appropriate City Officials are hereby authorized to execute said Agreement. $E_CTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this/0 day of , 1986. BER HART MAYOR ATTEST: Al MARI N BERTHOLF CITY CLERK I HEREBY CERTIFY that I have MAYOR: HART approved the form and correct- DIST. 1: C/W MASSAR ness of this RESOLUTION.,, DIST. 2: V/M STELZER _ DIST. 3: C/M GOTTESMAN B Y T A PL GATE DIST. 4: C/M STEIN C Y ATTORN Y 20229386/t Ll INTERLOCAL AGREEMENT Among BROWARD COUNTY And THE MUNICIPALITIES OF CORAL SPRINGS, DEERFIELD BEACH, FORT LAUDERDALE, HOLLYWOOD, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SUNRISE, DAVIE, HALLANDALE, LAUDERHILL, MARGATE, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK AND TAMARAC And the FLORIDA DEPARTMENT OF TRANSPORTATION Relating to THE METROPOLITAN PLANNING ORGANIZATION SEp 8 ]r SS6' CITY ATTd;? .' F �' CITY OF T f k. k,,,'.;C aINTEkLOCAL AGREEMENT Among BROWARD COUNTY w And THE MUNICIPALITIES OF CORAL SPRINGS, DEERFIELD BEACH, FORT LAUDERDALE, HOLLYWOOD, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SUNRISE, DAVIE, HALLANDALE, LAUDERHILL, MARGATE, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK AND TANIARAC And the FLORIDA DEPARTMENT OF TRANSPORTATION kelating to THE h:ETROPOLITAN PLANNING ORGANIZATION This Interlocal Agreement effective on the date specified herein, among Broward County, Florida, and the municipalities of Coral Springs, Deerfield Beach, Fort Lauderdale, Hollywood, Pembroke Pines, Plantation, Pompano Beach and Sunrise, as voting members; and Davie, Hallandale, Lauderhill, Margate, Miramar, North Lauderdale, Oakland Park and Tamarac, as alternate voting members; and the Department of Transportation as a nonvoting member; establishes the Metropolitan Planning Organization (hereinafter referred to as the 11M.P.O.") for the Broward County urbanized area. WHEREAS, federal law as set forth in 23 U.S.C. § 134 and 49 U.S.C. § 1607 requires a metropolitan planning organization to be in place to conduct ongoing transportation planning activities, in order for Broward County transportation projects to qualify for federal transportation funding; and WHEREAS, 23 U.S.C. § 134 and 49 U.S.C. § 1607 requires a metro- politan planning organization to be designated by agreement among the units of general purpose local government and the Governor; and WHEREAS, effective December 18, 1979, Broward County, the Florida Department of Transportation and seven (7) of the then largest Broward 4 County municipalities entered into an interlocal agreement creating the M.P.O.; and WHEREAS, the M.P.O. has operated continuously since that date conducting studies, drawing up long-term and short-term transportation plans and providing guidance for transportation planning and improvements within Broward County; and WHEREAS, Chapter 339, Section 339.175, Florida Statutes, sets forth additional criteria for the designation of an M.P.O.; and WHEREAS, Chapter 339, Section 339.175, Florida Statutes, states that the Governor shall review the composition of the M.P.O. membership every five (5) years, and reapportion it as necessary; and WHEREAS, the Governor on April 7, 1986, sent a letter to the M.P.O. requesting that body to recommend a reapportionment plan; and WHEREAS, the M.P.O. in special session on May 1, 1966, voted to approve the reapportionment plan in this interlocal agreement; and WHEREAS, the Department of Transportation has provided its expertise and cooperation in achieving a reapportionment plan for the M.P.O.; and WHEREAS, that plan was supported by resolutions approved by twenty-two (22) of the twenty-eight (28) municipalities representing ninety-five (95) percent of the municipal population of Broward County; and WHEREAS, the Governor has approved the recommended reapportion- ment plan, and designated membership on the M.P.O., among the parties to this Agreement in accordance with that plan; and WHEREAS, Chapter 163, Florida Statutes, provides for interlocal agreements to permit public agencies of the State of Florida to engage in cooperative programs; and WHEREAS, the parties to this Agreement desire to participate in a continuing cooperative coordinated transportation planning process; NOW, THEREFORE, In consideration of the mutual covenants, promises, and representa- tions herein, the parties agree as follows: 1. PURPOSE: The purpose of this planning organization transportation capital Agreement is in order to and operating to provide for a metropolitan insure eligibility for federal assistance pursuant to Titles 23 -2- 1 and 49 of the United 'States Code, and to create an intergovernmental body which shall carry out ongoing, cooperative transportation planning; oversee the development of long-range and short-range transportation plans; encourage intergovernmental cooperation and particularly, cooperation with the Florida Department of Transpor- tation as provided for in the Urban Planning Agreement, in creating a cost eftective and efficient transportation network; and provide a forum for public comment on transportation issues. 2. MEMBERSHIP: The membership of the M.P.O. shall be fh accordance with the reappor- tionrrbent 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 August 25, 1986. The voting membership of the M.P.O. shall consist of fifteen (15) members. Five (5) voting members shall be selected by the Board of County Commissioners of Broward County, at least four of those members shall be county commissioners and the fifth may be either a county commissioner or a member of a statutorily authorized planninc; board or transportation, expressway, aviation or port authority. Ter. (10) voting members shall be municipal representatives. For the purpose of GFetermining municipal representation on the M.P.O., Broward County has been divided into eight (8) municipal districts. In accordance with the plan, 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; except that 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 the other may be either a generally elected official or member of a statutorily authorized planning board or transportation, expressway, aviation or port authority. The second 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. It shall be the responsibility of each voting and alternate voting representative to represent the district in which his/her municipality is located. The Department of Transportation shall designate one nonvoting member to the M.P.O. -3- C "The M.P.O. shall also have the power to appoint such other nonvoting advisers as it deems appropriate. 3. TERM OF OFFICE: The term of office of a voting or alternate representative to the M.P.U. shall be as provided by Chapter 339, Section 339.175(3)(b), Florida Statutes. The nonvoting representative of the Department of Transportation shall serve at the pleasure of the Department. Any other nonvoting advisers shall serve at the pleasure of the entity that he or she represents, except that membership by any nonvoting adviser other than the representative of the Department of Trans- portation may be terminated at the pleasure of the M.P.O. 4. PGWERS AND DUTIES OF THE M.P.O.: (a) The 10I.P.O. shall have the powers, privileges, and duties as set forth in Chapters 339 and 163, Florida Statutes, and shall have any other powers and duties which are applicable to metropolitan planning organizations as provided by Titles 23 and 49 of the United States Code, by any other provision of federal law, by federal regulation, and by any provisions of Florida Statutes, or the Florida Administrative Code. (b) The NI.P.O. shall promulgate rules to effectuate its powers and duties. Such rules shall be promulgated in accordance with the requirements of Chapter 120, Florida Statutes. (c) The M.P.G. shall formulate such long-term and short-term trans- portation plans as are required by federal or state law or regulation, including but not limited to a Transportation Improvement Plan (TIP), and shall provide procedures as re- quired by law or regulation for obtaining comment from the public and other governmental entities or agencies with regard to those plans. (d) The M.P.O. shall have the power to modify or amend any plans or programs developed within the framework of this transportation planning process, provided that such amendments or modifications are not contrary to federal or state law or regulation, and provided that such modifications or amendments are adopted with the same formality as the plan or program, unless some other method of amendment or modification is specifically required or permittea by state or federal law or regulation. (e) The M.P.U. shall no less than once a fiscal year approve a unified planning work program for the upcoming year which shall contain an outline of the transportation planning activities -4- 1 which the M.P.O. plans to undertake in the coming year and the source of funding for those activities. (f) The M.F.O., 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), Chapter 1, Part 450, consistent with the state and local law. (g) The M.P.O. shall provide comment to the Florida Department of Transportation regarding the Department's capital and planning transportation projects regarding Broward County. (h) The M.P.O. may enter into contracts and may enter agreements with any government entity or public agency. (i) The M.P.O. may acquire, own, operate, maintain, sell or lease real or personal property. (j) The M.P.O. may accept funds, grants, _ assistance, gifts or bequests. ( k) The MI. P. G. shall have the capacity and power to sue and shall be sued in its own name in all courts of law and equity. This provision shall not be construed in any way to effect the status of the M.P.O. with regard to its governmental immunity. (1) The M.P.O. shall have the power to the extent of its available funds and unified planning work program to employ personnel and engage independent contractors; and the M.P.O. may utilize the staff of local and state agencies which are signatories to this Agreement, pursuant to this Agreement, and with the approval of the local or state agency affected. (m) The M.P.O. shall have the power upon approval by the M.P.O., through its chairperson, vice chairperson, or acting chairperson, to execute all necessary instruments, to apply for funds or grants, or to carry out the powers outlined herein. (n) The M.P.O. shall have such other powers as are necessary to carry out the intent of this Agreement and the duties and obligations of a metropolitan planning organization as provided by state or federal law or regulation. S. ORGANIZATION: The first meeting of the M.P.O. shall be an organizational meeting and shall be held no later than thirty (30) days following the effective -5- date of this Agreement. The M.P.O. at its organizational meeting shall at a minimum: (a) Elect a chairperson M.P.O. shall also chairperson in cases due to the absence chairperson.) and vice chairperson. (The rules of the provide for the designation of an acting where such a designation may be necessary or illness of both the chairperson and vice (b) Approve interim procedures and initiate rulemaking procedures for determining when an alternate municipal representative may vote. (c) Initiate rulemaking procedures for designating the membership of the Technical Cooruinating Committee. kegular business may be conducted following the organizational portion of the meeting. 6. FISCAL RESPONSIBILITY: The parties to this Agreement shall provide funding to the M.P.O. in accordance with the unified planning work program approved by the M. P.0. The unified planning work program may not include funding by any municipality unless that funding has been approved, by the municipality, ncr may it include funding by Broward County unless approved, by the County Commission. 7. PRIVILEGES AND IN'NIUNITIES OF MEMBERS, AGENTS AND EMPLOYEES: All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; pensions and relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents or employees of any public agents, or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents or employees extraterritorially under the provisions of this Agreement. 8. RATIFICATION OF EXISTING AGREEMENTS: The parties to this Agreement hereby ratify all existing agreements, contracts, grant applications, the existing unified planning work program, and long-term and short-term transportation plans, which have been approved by the previous M.P.O. acting under the agree- ment which was effective from December 18, 1979, until the effective z'M A date of this Agreement. All such docum as if they had been approved and exec However, any such plans or documents terminated by the action of the M.P.O. this Agreement, or with the provisions part of those existing documents. 9. RIGHTS OF REVIEW: ants shall have the same effect ited on behalf of this M.P.G. may be amended, modified or in accordance with law, with applicable to and which are a All parties to this Agreement, and Federal Highway Administration (hereafter FHVJA), and Urban Mass Transportation Administration (hereafter UMTA) shall have the rights of technical review and comment of the M. P.O'S Comprehensive Transportation Planning and Programming Process. 10. CONTRACTS OF THE M.P.O.: All contractual agreements, if involving FHWA, and/or Department funds, shall be approved by the Department and FHWA. All con- tractual agreements, if involving UMTA and Department funds shall be approved by the Department and UMTA. This includes any UMTA funds distributed by the Department. All contractual agreements if involving U&ITA and local funds only shall be approved by UitiiTA. Subletting of consultants contracts involving funds administered by FHWA shall be in accordance with applicable federal regulations. 11. AMENDMENT TO ThE AGREEMENT: Amendments to this Agreement may M. P.O. Amendments shall first be M.P.O. and then must be accepted ment as evidenced by the executio signatories to this Agreement. n be initiated by the members of the approved by a majority vote of the by each signatory to this Agree - of the Agreement by each of the 12. REAPPORTIONMENT OF THE Mi. P.O. : In order to assure that the M.P.O. continues to reflect the population and geographic factors which influence transportation needs in Broward County, the M.P.O. shall initiate a reapportionment procedure no later than the fifth year of this Agreement. The reapportionment procedure shall be as follows: No later than four years and four months following the effective date of this Agreement, the chairperson of the M.P.Q. shall appoint a subcommittee to study the membership of the Ml. P.O. The subcommittee shall consist of at least one county commissioner, one voting municipal representative and one alternate municipal representative of the M.P.O., and a representative from the Department of Transportation. The representative of the Department of Transportation may, at the discretion of the chairperson, be a -7- y voting or nonvoting member of the subcommittee. The subcommittee shall obtain and evaluate the most current municipal population information and such other information regarding those geographic factors which the subcommittee determines affect transportation needs within Broward County. The subcommittee shall make a recommenda- tion concerning reapportionment to the full M.P.O. no later than four years and eight months after the effective date of this Agreement. The M.P.O. may approve the reapportionment recommendation, request the subcommittee to reconsider its recommendation, or initiate its own review of the M.P.G. membership using the information available to the subcommittee and such other information as the M.P.O. deems appropriate. The M.P.U. shall approve a recommendation regarding reapportionment and shall make a good faith effort to obtain evidence that the recommendation of the M.P.O. has been approved by the Board of County Commissioners and by more than one-half of the municipalities in Broward County as well as municipalities repre- senting more than fifty (50) percent of the municipal population within Broward County. The recommendation regarding reapportion- ment of the M.P.O. shall be forwarded to the Governor no later than four years and ten months from the effective date of this Agreement. Nothing in this paragraph shall preclude the M.P.O. from making a recommendation that the current membership of the M.P.O., if con- sistent with equitable population and geographic factors which affect transportation needs within Broward County, is appropriate. 13. CONSTITUTIONAL OR STATUTORY DUTIES AND RESPONSIBILITIES OF THE PARTIES TO THE AGREEMENT: This Agreement shall not be construed nor deemed to authorize the delegation of the Constitutional or Statutory duties of any of the parties. Local governments participating in this Agreement do not by this Agreement waive any sovereign or legislative authority which they possess to approve or adopt plans or regulations relating to compre- hensive planning or zoning, and do not by this Agreement appoint the M.P.O. as a local planning agency as defined in Section 163.3164 F.S., for any purpose whatsoever. 14. TERMINATION OF PREVIOUS AGREEMENT: The parties to this Interlocal Agreement who were parties to the previous Interlocal Agreement that established the M.P.O. for Broward County and became effective December 18, 1979, hereby agree that upon this Interlocal Agreement taking effect the previous Interlocal Agreement shall be terminated and be of no further force and effect. 111-M 11 15. DURATION OF AGREEMENT AND WITHDRAWAL PROCEDURE: This Agreement shall remain in effect until terminated by the parties to the Agreement. Any party may withdraw from said Agreement after presenting in written form a notice of intent to withdraw to the other parties, at least sixty (60) days prior to the intended date of withdrawal. Financial commitments made prior to withdrawal are effective and binding for their full term and amount regardless of withdrawal. 16. EFFECTIVE DATE: This Agreement shall be effective following execution by all parties to this Agreement, at the date and time this Agreement is recoraed in the Public Records of Broward County. IN WITNESS WHEREOF, the parties hereto have made and executed this Interloc&I 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 City Manager, duly authorized to execute same; the CITY OF PEMBROKE PINE;, signing by and through its Mayor 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 Mayor -Commissioner and City Manager, duly authorized to execute same; the CITY OF SUNRISE, signing by and through its Mayor, duly authorized to execute same; the TOWN OF DAVIE, signing by and through its Mayor, 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 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 MIRAMAR, signing by and through its Mayor -Commissioner and City Manager, duly authorized to execute same; the III 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 TAMARAC, signing by and through its Mayor -Commissioner and City Manager, duly authorized to execute same; and the FLORIDA DEPARTMENT OF TRANSPCkTATION, signing by and through its duly authorized to execute same. ATTEST: County Administrator and Ex- Officio Clerk of the Bcard of County Commissioners of Broward County, Florida n COUNTY BROWARD COUNTY, through its EOARC OF COUNTY CONAIISSIONERS By GERALD F. THOMPSON, Chairman day of 19 Approved as to form and legality by Office of General Counsel for Broward County, Florida SUSAN F. DELEGAL, General Counsel Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 By BARBARA A. HALL Assistant General Counsel -10- INTERLOCAL AGREEMENT AMONG BRCWARD COUNTY AND THE MUNICI- PALITIES OF CORAL SPRINGS, DEERFIELD BEACH, FORT LAUDERDALE, HOLLYWOOD, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SUNRISE, DAVIE, HALLANDALE, LAUDERHILL, MARGATE, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK AND T AMARAC AND THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE METROPOLITAN PLANNING ORGANIZATION WITNESSES: mil/ •/.% �j� i -��.K'� 1.��'� ATTEST: City Clerk (CORPORATE SEAL) CITY OF TAMARAC By X, 1 i. ,i / iti;ayor- Comm issi ner day of i City Manager d day of APPROVED AS TO FORM: ey -26-