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1999-42 MPO Interlocal Agreement RESOLUTION NO. 99 - 42 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, REVISING THE INTERLOCAL AGREEMENT WITH THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION (BCMPO). WHEREAS, the City Commission of the City of Parkland, Florida finds and determines that it is in the best interest of the citizens to approve the revisions to the Interlocal Agreement with the Broward County Metropolitan Planning Organization and the previous Resolution No. 99-11; and WHEREAS, the revisions allow charter counties with over one million population to apportion the MPO without the approval of the Governor; and WHEREAS, the revised Interlocal Agreement includes a revised membership provision which decreases the number of County Commissioners, adds one additional municipal member appointed by the Broward League of Cities and provides for an annual review based upon population figures provided by the University of Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City Officials are hereby authorized to approve the revisions to the Interlocal Agreement with the Broward County Metropolitan Planning Organization. Section 2. That this Resolution shall become In full force and effect immediately upon its passage and adoption. Section 3. Once the agreement has been approved, two executed originals and a copy of the City's resolution authorizing approval for the agreement should be sent to Sharon L. Cruz, the Attorney for the M.P.O. RESOLUTION NO. 98-42 PAGE 2 PASSED AND ADOPTED THIS 1 st DAY OF September ,1999. ATTEST: ~~- HELEN LYNOTT, .M.C./A.A.E. CITY CLERK CITY OF PARKLAND, FLORIDA H~~~- SAC P GLIARA, OR '" cufA!..~..~ ixi>>~,."......,....,........5", &.>fC Jf(:,...,..,., r;;o.;. . .#q-JO " .,\ ~~ dODo ~/() CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 September 10, 1999 Ms. Sharon Cruz Office of the County Attorney 115 S. Andrews Ave., Suite 423 Fort Lauderdale, FI 33301 Dear Ms. Cruz, As per your request, I amenc10sing two executed originals of the Metropolitan Planning Organization Interlocal Agreement and a copy of the City of Parkland Resolution No. 99- 42 approving the agreement. As we understand it, once all parties have approved the agreement we should expect to receive a certified copy of the recorded agreement from your office. If you should have any questions, please feel free to call the City Clerk's at 753-5040. Sincerely, ~~ Helen Lynott, CMC/AAE City Clerk MPOLetter WITNESSES: ATTEST: ~~ He{en LynoteryCl~k Page 32 of 34 CITY OF PARKLAND By Sal 3rd day of September , 1999 ~ I~..,-T- 0fi:"Af \ '0tA I l1arr- --.-rtJ \ U City Manager 3rd day of September , 19--2..9 APPROVED AS TO FORM: BY~ Andrew Maurodis, Ity Attorney , ,'\ . Edward A. Dion County Attorney OFFICE OF THE COUNTY ATTORNEY 115 S. Andrews Avenue, Suite 423 Fort Lauderdale. FL 33301 (954) 357-7600 · Fax (954) 357-7641 · Suncom 442-7600 August 12, 1999 Our file: 99-128 Mr. Harry Mertz City Manager City of Parkland 6500 Parkside Drive Parkland, FL 33067 Re: Metropolitan Planning Organization Interlocal Agreement Dear Mr. Mertz: Enclosed please find the above referenced Interlocal Agreement for your review and execution. The basic format for this agreement was provided by FOOT; however, there are revisions since the City last reviewed and approved the Interlocal Agreement. HB 591 was enacted which allows charter counties with over one million population to apportion the MPO without the approval of the Governor. The revised Interlocal Agreement includes a revised membership provision which decreases the number of County Commissioners, adds one additional municipal member appointed by the Broward League of Cities and provides for an annual review based upon population figures provided by the University of Florida. Once the agreement has been approved, please return two executed originals and a copy of the City's resolution authorizing approval of the agreement to me. Once the agreement has been approved by all parties and recorded, I will provide you with a certified copy of the recorded agreement. Thank you. for your time and assistance in this matter. If you have any questions, you may contact either Bruce Wilson (357-6641) or me (357-7600) for additional information. Sincerely, ~~~~ Sharon L. Cruz Attorney for M.P.O. SLC/wp Ene. HIDA T AIDIV2ISLCISLC99IMPO, L01 BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS - An Equal Opportunity Empioyer and Provider of Services Norman Abramowitz Scott I. Cowan Suzanne N, Gunzburger Kristin 0, Jacobs Ilene Lieberman Lori Nance Parrish John E, Rodstrom. Jr, Visit us on the internet: www.co.broward.f1.us/legal . ~ Edward A. Dion County Attorney OFFICE OF THE COUNTY ATTORNEY 115 S. Andrews Avenue, Suite 423 Fort Lauderdale, FL 33301 (954) 357-7600 · Fax (954) 357-7641 · Suncom 442-7600 August 12, 1999 Our file: 99-128 . Mr. Harry Mertz City Manager City of Parkland 6500 Parkside Drive Parkland, FL 33067 Re: Metropolitan Planning Organization Interlocal Agreement \\11 Dear Mr. Mertz: Enclosed please find the above referenced Interlocal Agreement for your review and execution. The basic format forthis agreement was provided by FOOT; however, there are revisions since the City last reviewed and approved the Interlocal Agreement. HB 591 was enacted which allows charter counties with over one million population to apportion the MPO without the approval of the Governor. The revised Interlocal Agreement includes a revised membership provision which decreases the number of County Commissioners, adds one additional municipal member appointed by the Broward League of Cities and provides for an annual review based upon population figures provided by the University of Florida. Once the agreement has been approved, please return two executed originals and a copy of the City's resolution authorizing approval of the agreement to me. Once the agreement has been approved by all parties and recorded, I will provide you with a certified copy of the recorded agreement. Thank you for your time and assistance in this matter. If you have any questions, you may contact either Bruce Wilson (357-6641) or me (357-7600) for additional information. ~/~ Sharon L. Cruz Attorney for M.P.O. SLC/wp Ene. H:\DA T A\DIV2\SLC\SLC99\MPO, L01 BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS - An Equal Opportunity Empioyer and Provider of Servlc.. Norman Abramowitz Scott I, Cowan Suzanne N. Gunzburger Kristin D. Jacobs Ilene Lieberman Lori Nonce Parrish John E, Rodstrom. Jr, VIIIt us on the Intemet: www.co.broward.fl.us/legal STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE BROW ARD COUNTY METROPOLITAN PLANNING ORGANIZATION FORM 525-010-0 I POLICY PLANNING O,C, - 05/98 Page I or 34 THIS INTERLOCAL AGREEMENT is made and entered into this day of 199_, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF BROW ARD; the TRI-COUNTY COMMUTER RAIL AUTHORITY, the CITY(IES) OF CORAL SPRINGS, DAVIE, FORT LAUDERDALE, HOLLYWOOD, LAUDERHILL, MARGATE, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SUNRISE, TAMARAC, COOPER CITY, DEERFIELD BEACH, HALLANDALE, LAUDERDALE LAKES, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK AND PARKLAND; the SCHOOL BOARD OF BROW ARD COUNTY, FLORIDA and the BROW ARD COUNTY LEAGUE OF CITIES. 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 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 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, Section 339.175, Florida Statutes, has been amended to allow chartered counties with over 1 million population to elect to reapportion its MPO membership provided that the MPO approved the reapportionment plan by a 3/4 vote of its membership, the MPO and the charter county determine that the reapportionment plan is needed to fulfill specific goals and policies applicable to that metropolitan planning area and the charter county determines that the reapportionment plan otherwise complies with all federal requirements pertaining to MPO membership; and, WHEREAS, the above requirements have been met by the Broward County MPO and the Broward County Board of County Commissioners; 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 designated 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(1)(b), Florida Statutes; WHEREAS, pursuant to Section 339. 175(1)(b), Florida Statutes, the interlocal agreement must be consistent FORM 525-010-01 POLICY PLANNING OGe . 05/9H Page 2 orJ4 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: 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. " FHW A" 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 seq., 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 transpo~tion 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. FORM 525-010-01 POLICY PLANNING OGC - 05/98 Page 3 or 34 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; (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)(I), and 8 of the Federal Transit Act [49 USC Subsection 5303, 5304, 5305 and 5306]; 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 5306]; 23 CPR, 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. Maior MPO Responsibilities. The MPO is intended to be a forum for cooperative decision making by officials of the govermnental 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; (t) 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 decisions coordinated with FDOT and consistent with comprehensive plans. 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 govermnent comprehensive plans. Section 339.175, Florida Statutes, specifies the authority and responsibility of the MPO and the Department in the management FORM 525-010-01 POLICY PLANNING OGC - 05/98 Pase 4 of 34 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. ARTICLE 3 MPO ORGANIZA nON AND CREATION 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 BROW ARD COUNTY METROPOLITAN PLANNING ORGANIZA nON. Section 3.02. MPO to operate pursuant to 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 ~ereunder, 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 MPO. 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 documents. 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. Rig:hts of review. 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 ofMPO projects. ARTICLE 4 COMPOSITION: MEMBERSHIP: TERMS OF OFFICE Section ~.01. Composition and membership of governing board. (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 shall be as follows: Three (3) 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. Forthe 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 FORM S2S-010-01 POLICY PLANNING OGC - OS/98 Page S of 34 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 Broward County League of Cities shall designate one (1) voting member who shall be an elected official from a municipality which does not have a voting member on the MPO. The School Board of Broward County, Florida shall designate two (2) generally elected officials, one (1) as the voting representative and one (1) 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) In July of each year, the MPO shall review the population figures for each municipal district based upon the annual population figures provided by the University of Florida. Based upon an increase in population as demonstrated by the population figures provided by the University of Florida, the MPO shall amend Table 1, effective the following October 1st, and request the most populous municipality within the municipal district to designate a district representative. The municipality with the next highest population within that municipal district shall appoint a generally elected official to serve as an alternate voting representative for that district. (c) 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. ARTICLE 5 AUTHORITIES. POWERS. DUTIES AND RESPONSIBILITIES Section 5.01. General authority. 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. Section 5.02. Specific authority and powers. 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)(j), 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 FORM 525-010.01 POLICY PLANNING OGC - 05/98 Page 6 or 34 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. responsibilities: Duties and responsibilities. The MPO shall have the following duties and (a) As provided in Section 339. 175(5)(d), Florida Statutes, the MPO shall create and appoint a technical advisory committee; . (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)(0), 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 intergovenunental 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; Prepare the Long-Range Transportation Plan; In cooperation with the Department, prepare the Transportation Improvement Program; In cooperation with the Department, prepare and annually update the Unified Planning Work Prepare a congestion management system for the metropolitan area; Assist the Department in mapping transportation planning boundaries required by state or (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 (0) Adopt operating rules and procedures. ARTICLE 6 FUNDING: INVENTORY REPORT: RECORD-KEEPING FORM 525-010,,1 POLICY PLANNINr; OGC - 051'1~ Page 7 of H 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. Inventory 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. Record-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, Subpart A, 49 CFR Part 18d, Subpart C, 49 CFR Section 18.42, and Chapter 119, Florida Statutes. ARTICLE 7 MISCELLANEOUS PROVISION Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Agreem~nt 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. Amendment of Agreement. 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 apportiomnent or jurisdictional boundaries of the MPO without approval by the Governor. Section 7.03. Duration: withdrawal procedure. (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 exaIilination of the MPO apportiomnent 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 reapportiomnent 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 FORM 525.0(() III POLICY PI.ANNfNli OGC . 05/I/K Page 8 uf J4 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 lV 3400 W. Commercial Boulevard Ft. Lauderdale, FL 33309-3421 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 NW 33rd Street, Suite 100 Pompano Beach, FL 33064 President Broward County League of Cities 115 South Andrews Avenue, Rm. 122 Ft. Lauderdale, FL 33301 City Manager City of Coral Springs 9551 W Sample Road Coral Springs, FL 33065 Town Manager Town of Davie 6591 SW 45 Street Davie, FL 33314-3399 City Manager City of Fort Lauderdale P. O. Drawer 14250 Ft. Lauderdale, FL 33302 City Manager City of Hollywood P. O. Box 229045 Hollywood, FL 33022-9045 City Manager City of Lauderhill 2000 City Hall Drive Lauderhill, FL 33313 City Manager City of Margate 5790 Margate Blvd. Margate, FL 33063 City .Manager City of Pembroke Pines 10100 Pines Blvd Pembroke Pines, FL 33026-3900 City Manager City of Plantation 400 NW 73 Avenue Plantation, FL 33317 City Manager City of Pompano Beach P. O. Box 1300 Pompano Beach, FL 33061 City Manager City of Sunrise 10770 W Oakland Park Blvd, 4th Floor Sunrise, FL 33351 City Manager City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321 City Manager City of Cooper City 9090 SW 50th Place Cooper City, FL 33328 City Manager City Manager !'ORM 525.0/1,1'1 POLICY PLANNfNl; OGC - USI'/K Page 9.., 14 City of Deerfield Beach 150 NE 2 Avenue Deerfield Beach, FL 33441 City of Hallandale 400 S. Federal Highway Hallandale, FL 33009 City Manager City of Lauderdale Lakes 4300 NW 36 Street Lauderdale Lakes, FL 33319 City Manager City of Miramar 6700 Miramar Parkway Miramar, FL 33023 City Manager City of North Lauderdale 701 SW 71 Avenue North Lauderdale, FL 33068-2395 City Manager City of Oakland Park 3650 NE 12 Avenue Oakland Park, FL 33334 City Manager City of Parkland 6500 Parkside Dr Parkland, FL 33067 Superintendent School Board of Broward County 600 SE 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. Inte1:pretation. (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 party as drafter of this Agreement. (b) Severability. Invalidation of anyone 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 Ute 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. Enforcement 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. Agreement execution: Use of counte1:part signature pages. 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. FORM S2S-01l' UI POLICY PLANNING OGC . O~/"K Pasc 10 III ,14 Section 7.08. Effective date: 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 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; BROW ARD 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; the SCHOOL BOARD OF BROW ARD COUNTY, FLORIDA, signing by and through its , duly authorized to execute same; and the BROW ARD COUNTY LEAGUE OF CITIES, signing by and through its President, duly authorized to execute same. Signed, Sealed and Delivered in the presence of: [Every member of the MPO shall sign this Agreement with the appropriate witnesses] ~ ATIEST: DEPARTMENT FLORIDA DEPARTMENT OF TRANSPORTATION By _ day of APPROVED AS TO FORM: By Page 11 of 34 ,19_ Attorney for FOOT Page 12 of 34 COUNTY ATTEST: BROW ARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida By Chair _ day of ,19_ Approved as to form by Office of County Attorney Broward County, Florida Edward A. Dion County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Sharon L. Cruz Deputy County Attorney Page 13 of 34 TRI-COUNTV COMMUTER RAIL AUTHORITY AITEST: TRI-COUNTY COMMUTER RAIL AUTHORITY By Title: _ day of ,19_ APPROVED AS TO FORM: By Attorney for Authority WITNESSES: A TrEST: City Clerk CITIES CITY OF CORAL SPRINGS By Mayor-Commissioner day of ,19_ Page 14 of 34 City Manager ,19_ _ day of APPROVED AS TO FORM: By City Attorney WITNESSES: AITEST: City Clerk TOWN OF DAVIE By Page 15 of 34 _ day of Mayor-Commissioner ,19_ _ day of Town Manager ,19_ APPROVED AS TO FORM: By Town Attorney WITNESSES: A TIEST: City Clerk CITY OF FORT LAUDERDALE By Mayor-Commissioner _day of . .19_ Pase 16 of 34 City Manager .19_ _ day of APPROVED AS TO FORM: By City Attorney WITNESSES: ATTEST: City Clerk CITY OF HOLLYWOOD By Mayor-Commissioner day of ,19_ Page J 7 004 City Manager ,19_ _ day of APPROVED AS TO FORM: By City Attorney WITNESSES: A ITEST: City Clerk CITY OF LAUDERHILL By Page 18 of 34 Mayor _ day of _ day of .19_ .19_ APPROVED AS TO FORM: By City Attorney I WITNESSES: A TIEST: City Clerk .' CITY OF MARGA TE By Page 19 of 34 day of Mayor-Commissioner .19_ _ day of City Manager .19_ APPROVED AS TO FORM: By City Attorney WITNESSES: A TI'EST: City Clerk CITY OF PEMBROKE PINES By Mayor-Commissioner _ day of ,19_ PAle 20 of 34 City ,Manager ,19_ _ day of APPROVED AS TO FORM: By City Attorney WITNESSES: CITY OF PLANTATION By Mayor-Commissioner _ day of ,19_ ATTEST: . City Manager ,19_ City Clerk _ day of APPROVED AS TO FORM: By Pase 21 of 34 City Attorney WITNESSES: CITY OF POMPANO BEACH By Mayor-Commissioner _ day of ,19_ ATTEST: City Manager ,19_ City Clerk _ day of APPROVED AS TO FORM: By Page 22 of 34 City Attorney WITNESSES: CITY OF SUNRISE By Mayor day of ATIEST: City Clerk _ day of ,19_ Pate 23 of 34 ,19_ APPROVED AS TO FORM: By City Attorney WITNESSES: CITY OF TAMARAC By _ day of ,19_ ATIEST: Mayor-Commissioner Page 24 of 34 City Clerk _ day of City Manager ,19_ APPROVED AS TO FORM: By City Attorney WITNESSES: A'ITEST: City Clerk CITY OF COOPER CITY By Mayor-Commissioner _ day of ,19_ Page 2S of 34 City Manager ,19_ _ day of APPROVED AS TO FORM: By City Attorney WITNESSES: ATI'EST: City Clerk CITY OF DEERFIELD BEACH By Mayor-Commissioner day of ,19_ Page 26 or 34 City Manager ,19_ _ day of APPROVED AS TO FORM: By City Attorney WITNESSES: ATTEST: City Clerk CITY OF HALLANDALE By Mayor-Commissioner _ day of ,19_ Page 27 of 34 City Manager ,19_ _ day of APPROVED AS TO FORM: By City Attorney WITNESSES: A ITEST: City Clerk .' CITY OF LAUDERDALE LAKES By Mayor-Commissioner day of ,19_ Page 28 of 34 City Manager ,19_ _ day of APPROVED AS TO FORM: By City Attorney WITNESSES: A TIEST: City Clerk CITY OF MIRAMAR By Pase 29 or 34 _ day of Mayor-Commissioner ,19_ _ day of City Manager ,19_ APPROVED AS TO FORM: By City Attorney WITNESSES: A TrEST: City Clerk CITY OF NORTH LAUDERDALE By Mayor -Commissioner _ day of ,19_ Page 30 of 34 City Manager ,19_ _ day of APPROVED AS TO FORM: By City Attorney WITNESSES: A ITEST: City Clerk CITY OF OAKLAND PARK By Mayor-Commissioner _ day of ,19_ Pqc 31 of 34 City Manager ,19_ _ day of APPROVED AS TO FORM: By City Attorney Witnesses: SCHOOL BOARD THE SCHOOL BOARD OF BROW ARD COUNTY, FLORIDA By: Chairperson Attest: Secretary (Seal) Approved as to form by School Board Attorney Page 33 IIr 34 Witnesses: ACKNOWLEDGMENT STATE OF FLORIDA) SS. COUNTY OF BROW ARD LEAGUE OF CITIES THE BROW ARD COUNTY LEAGUE OF CITIES By: President Attest: Secretary (Seal) The foregoing instrument was acknowledged before me this ____________________ 19 by ____________________________ , who are personally known to me. (Seal) My Commission Expires: SLC/wp 8/2/99 #2mposig.mis 99-128 NOTARY PUBLIC: Name printed: Commission #: Page 34 of 34 day of and TABLE 1 1999 MUNICIPAL REPRESENTATION BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION W7'"'< ' ^ ' , .t'; " ____ .- ,^Y"... ... ~.. '" ...... -.. r .- .... . " ;...u ""." V , ~ ,..: :':<;~s'~:: :'~';~"~'F', 'l ' . f.... .~;;t;" . . :'} . " . '" . , , , . .. .1'.-- ,," .:- ~:. < ;:;.;. '. >.' 'J :::::.>>......::.. ..... . , , , . '"-.. . '^ u " . ......... ........v.........>^..v: .r .......~ ~ 1 Coral Springs Coral Springs Parkland Parkland Tamarac Tamarac 2 Coconut Creek Margate Deerfield Beach Deerfield Beach Margate 3 Hillsboro Beach Pompano Beach North Lauderdale Lauderdale-by-the Sea Lighthouse Point North Lauderdale Pompano Beach Sea Ranch Lakes 4 Fort Lauderdale Fort Lauderdale Oakland Park Lazy Lakes (2 representatives) Oakland Park Wilton Manors 5 Lauderdale Lakes Sunrise Lauderdale Lakes Lauderhill Lauderhill Sunrise Weston 6 .' Cooper City Plantation Cooper City Davie Davie Plantation 7 Miramar Pembroke Pines Miramar Pembroke Park Pembroke Pines 8 Dania Hollywood Hallandale Hallandale (2 representatives) Hollywood IIIJICllIbI2 TABLE 2 NEW MPO VOTING MEMBERSIDP SUMMARY BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION W'^"d . , ^ , ' d . . -. "'';''" . .. Yo . Y:~ t . ?:" . . ";," ',," ". ',' . ,,' 8' , t",', " ; '."". ....:.. .... .. .... .... .... ".....\.\. '" ... :v. ........; Elected City Officials 13 County Commissioners 3 Tri-Rail Board Representatives 1 County School Board Members 1 Broward League of Cities 1 1~~~'~;E.;f" ~: ii;;i~i ~ :~1.~IT~i~..:., ""~,..,, ::', ~,:'=;~7::',: ,. : ,,::~ C.: .,'::':,~i~:~] Florida Departmenet of Transportation