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HomeMy WebLinkAboutR-76-0947RESOLUTION NO, 76-947 kRt,SOLOTION EXPRESSING THE WILL OF THE CITY tOMMISSION OF THE CITY OF MIAMI THAT THE GOVERNOR OF THE STATE OF FLORIDA INCLUDE MtMBERS OPTHE CITY OF MIAMI GOVERNMENT AS REPRESENTATIVES OF THE CITY UPON THE METRO- POLITAN PLANNING ORGANIZATION. WHEREAS, the Governor of.the State of Florida )poihted nine (9) members of the Metropolitan Planning 'Organ12 10n; and ; WHEREAS, the City of Miami 18 not represented upon thi Organizationand WHtREAS, the development of urban mass transportation' is of vital concern to the citizens of the City of Miami; and WHEREAS, the City of Miami Government is a "local, general, purpose government," as defined in the Rules and Regulal tlons of the Federal Highway Administration; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF TO CITY OF MIAMI, FLORIDA: Section 1. The City of Miami respectfully requests th'a the Governor of the State of Florida make additional appointments to the Metropolitan Planning Organization, which would include' adequate representation of the citizens of the City of Miami. PASSED AND ADOPTED this 19 day f October 1976. ak.,t/tN M A Y 0 R 13111-t2v Clerk PREPARED AND APPROVED BY: JO. . ALVAREZ Deputy City Attorm APPR AS TO FORM AND CO i. OX, JR, City AttoriIy (- cf South Florida Regional Piannig C0 515 ;4 W. 16 i th Street, Suite 429, tit iarni, Fiutida 33159 (305) 6221-58i 1 A'i RDA ITt4 # 7 BAR 18, 1076 TO: COMICria .• MBzS1S PROM: STr .3`uilTE Tt METROPOLITAN PUNNING ORCiAiiliA'SxG:4 (•1130) bttSL 3PTIO; S 1:'OR URS= TRANSPORTATION PW NING` The staff analysis, dated Seoteriber. 3n, raised. a nu ber of issues of concern to local government regarding_ the recent bP O dlsigna:ions and circule.t'.d by the Florida a Seca tr:'ent C F ': �e.nsportatiOn, resolution being - Co .'3 rT1m nt were being re7 '`�S`_e^. to St'^'^.^ -t both the. wherein local o s -. - � =_ •- .: designations and a proposed c r! Ocal _reer-enl :. a obtained cocies p e-rentas well .. ^oran......, of :.7reer�eni of the proposed _:._erl�cal :+.-*'__ .. i �- = ''_ .. after :c.::nle =icn of t :- prev.ious -..:i:, •/s.I. and were. r e to z rc : ide only a oreli `r ar': zsses:r :.. cf blest? docu ments 'a* t.':at time. ?.,view of the two proposed - `^acme.. t_ reveals pfoblent.s of si4:.1_icc:-ntly Cretatr conce.= than p-r vio 2siy indicated. Issue »1 e.^n' _c =aili of and Cc:-'o lia_ce with Cater 120, Florida Statutes, A.in- nictrati' - i roce5__cs t:t P view of these addit:.cnal docur.e nts reinforces the. previously stated cor:.:er. (See Issue 1 , Secter'b,..r 30 rner:Orand=1) that the 12O da.sicnat=cr3, the proposed Inter ccal F•.cr'= _.:.erlt, the .:emo.':andum steps to h.. i;ndert_%:en` with P:::i 'tce from :' rga T, tO J. i-e ..2O3 Ei1L under the purview ofC'. =;ter :23, si,.:e new D;_.eiic agencies having e:{tensi ainfluence :•ii1, in fact, to created. powers and Creation iC cf c 2•.4 «•,.bl i _ a �e101 , r a_ o'si2 1a `O t.:p Covrnr,r - ... _ Jr 3,. t.; local c f -ici.;Ls The : ~-_ osed Int- rlocal '7s re. r'nt de fir.as :':'C powers and respo.nsibiiiti .?s' fo71cu3: '00 Pi Were, ttesponsibilities.,.end „Obligatio es..., $0i The IVO shall have all powers, enjoy a11._„rightt, privileejee t did iMphities shared by public bodies, exercise all reepontibilitiee and perform all obligations as provided in the kulest indludi tg, but not limited to, the following: '02 The MPO may employ personnel and, pursuant to contract, utilize the staff resources of local and/or state agencies. 403 The MPO shall enter into agreement with the state, operators of public mass transportation services, and the areawide and regional A-95 agencies which prescribe the cooperative manner in which the transportation planning process will be accomplished. 404 The MPO may contract with private planning and engineering fires. �a5 The MPO may acquire, own, operate, maintain, sell, or lease real and personal_roperty.� ._.. .66 The MPO may accept funds, grants, assistance, gifts, or bequeaths from local, state, and federal sources. .07 The MPO shall establish a budget which shall operate on a July 1 to June 30 basis. The amount of fiscal participation shall be determined by resolution adDpted by each participant, which resolution shall become a part hereof. .08 The :'?O may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein. .09 The :PO, in cooperation with the Department, shall carry out the urban transportaticn 71anninc_ process as required by Title 23 cf the Code of Federal Regulations (C. R) , Chanter 1, Part: 450. (emphasis added) The parallel with existing Water nanagement districts cannot be overlooked. Public agencies, capable of ernleyir.g personnel (4.02), acquiring and owning property (4.05) , and, of particular concern, determining the amount of " by each PO participant (4.07) , would be "fiscal participation", presumably established _r've t e Pleasure cf the Governor. The creation of a new to S at set of sub -state governmental agencies, serving at the pleasure of and controlled by the State` for a functional planning area (transportation) that has sash pervasive influence on the ` ype and intensity of urban develo:r.ent, raiees serious questions for thoselocal governments currently responsible for transportaticn planning and programming d. cisions. Once the proposed I: _erlocal Agreement issigned, local government has rot only delegated responsibility ..7 authority for transportation decisions to th :.:PO/State, but also has a vn g review the manner which that authorityis i.:r:le:"r`_E'd. waived � the right t0L�.;., ^�a .-- ^d in At best, a local government _nt could attempt to '•:it: }raw : rc:^ the agreement. Section 12.00 of the proposed egree'^er. , however, states that a party can with - drat: with 50 days notice only if "...such withdrawal does not adversely affect existing :-P0 commitments or cligations." Since the process, once established, Page 3 dad at goirtdbatititentt,it would be di ffieiitt ► if hot impossible ► far e sighifib&ht tnefiiber to withdraw without State approval The iMpression that the ::PO designations and the proposed acjteef+ente implerenting the designations are an attempt to circumvent the Federal intent for local .elected official control of the urban transportation planning process is reinforced by the fact that the federal regulations call for the Governor to designate an organizat_iort, not individuals, as the MPO. Existing governmental entities composed of local elected officials, such as County Commissions or Regional Planning Councils, would not only better meet federal requirements but also would not require fragmentation and duplicate needs for scarce planning funds by a new set of public agencies responsible to the State. The Council has previously taken a position regarding MPO designations. In May of 1976,after review of House Bill 3100, which also attempted to establish ad hoc MPOs, the Council adopted the following recommendations: 1. In those charter counties where the County Cormission chooses to act as the transportation policy body, the Commission should be designated as the MPO; and . Where regional planning councils are responsible for transportation planning, the RPC Board, if composed of local elected officials, should be designated as the MPO. +e Extent of Florida Department of Transportation (FncT) o'rticipatien Issue 3: i "�•� n, authority over, a d control of urban tru^._�ort.�tiCn p . 2 inC. The intent of federal _al regulations (Title 23, Chapter 1, Part 450) is clear: local elected officials of general purpose government are to have primary responsibilit•, and decision -raking authority for urban transportation planning. Both the proposed Interlccal Agreement and the Memorandum of Agreement currently being circulated by FLY: would significantly increase State control over local transportation planning in urban areas. • Federal regulations specify a broad range of responsibilities for the >PO. The agreements drafted by FOOT would significantly reduce local authority for urban transportation planning, specifically by the provisions which would give the Depart:.2n t veto power over local decisions en: 1. all third -^arty contracts (Section 8.00, .:CA and Interlocal Agreement) 2. the Prospectus (multi -year planninc program)(Section 4.03, ''.OA) 3. the local transportation plan (Se tics 4.04 noA) • 4. the annual unified work program (Section 4.05 :nCA) ,�Q ,. ; r `rim(Section 4.05 MOA) 5. the TranspertatientImrrov_men� o;.. 6..e- all programming decisions (Section 4.06 MCA) °theb (Sections 4.05 and 4.06 .,OA) 7. any modification or amendment to a--G Department may defer the obligation of In additicn, the:MCASstates��. • t the -� �r1 .- Q^..^.?:'lt �e period time in accordance with a reasonable ee�el such funds to a later rio� c: other r areas. The Department is authorized schedule anutilize such funds in .._._ �� sd pr.oject,; to 3c::c. Q--!At•� development time vtriano_s to advance or _clay prOr.^S• .•. (Section 4.09, emphasis •._ added). I-95 is a prime example of the past exercise of such authority by the Florida Department of Transportation. go Mi ', the same tits that et has written in this blanketorto power over planning and proc,-.nming, it has also written in .cvisions relieving p responsibility for claims or liability (Sections thejand 9 lO4)ent of all n6 9sd�. eed 9.04). And, in 6.00, FDOT does not accept a responsibilitytosuch provide data, reports, etc. to the tMPO although nit demands of otheatP control igtfdriaation "... as the Department nay require." be in the best interest of Without corresponding responsibility local government. road State responsibility for and control over local planning and progfarthiftg d is not only inconsistent with the intent of federthe State regulationof an with a local interests, but also with the provisions Act of 1975" (LGCP�). Section �r °L,ocal Government Comprehensive Planning Chapter 75-257, F.S., states: (4) It is the intent of this actthat outdp adinopted is (local) cenpand rphenSive plans shall have the legal states set that no public or private development shall be permitted except • in conformity with comprehensive plans, or elements or po thereof, prepared and adopted in conformity with this act. whetherry public or 'It is the clear intent of the ana�rnanagementoofldevelopr,.eatgovernments haveeprima responsibility for planning Yet, the t:OA developed by FDOT states, "The Department is ultimately private.transportation and primarily responsible for assuring the continuity of an integrate efficient, and well balanced transportation system carriedi out Florida.idathe trassp eof _..__ planning and progra.:�iin activities shall be this preeminent statewide mission" and strict adherence to, does (SectionSeotion of, In fact, urban transportation planning 3.01, emphasis aadAd) • � its mission is the urban areas of not have a "preerenent statewide mission , the state. In April. of 1976, the Council reviewed Senate BillConstruct'56, ccntaining transportation a similar provision which would have allowed the State to not e with local plans if "the department determines that facilities consistentbalanced such a facility is required to develop an efficient, integrated and b� statewide transportation system" (emphasis added). The Council recorrended that the specific provision ieindthe i.e Sennatet Bill Ie appears deleted, and, Senator Eiol.loway, in fact, had that the proposed Interlocal Agreer.ent and :Memorandum of Agreement are attempts has P reviously been rejected by local government. to accomplish an end that _I'?o_3. •� r, nden of Acr erent_ Issue': S1� 3tOL'S tod i. In addition increasing FLCT control over local transportation p.annirg, the fails oedi nation of the transportation planning process prey'052Ci ..0:+ ,._S to :. nsure co�, by Title �?3, Chapter 1, with con:�.' �=h"s-�•e ; larnir.g activities, as intends Part 450,Federal Pagelations. These regulations state: the ;•PO designated ated by the Goeernor... To the extent possible, � S�gr: the Office of ::�.n:aCe^,.ent h ild the functicns requ _ed by t:. should p�erfc� un - � (,'v.l ) and where the .?O is 'and Budget ('J::3) Circular :� _95 • - 0i�:. �"there shall be an agreement between different O tn,n 97 r.Cc?nCV � . 2V1t1= t r '� prescribes th ^ears y .'rich t�- r art e thetwo rvnizations •.:hieh p: - .._.__....._.--•V...`: ---t _,ess�bLe, t!^�r:; 1 CC0_ an.'t''d... (Secticn1 .: ?. 1 .::) , an111, will b shall be one cooperative ac_aec?::^.t...3. C tee ng State, PEPO , publicly owned operators of mass transportation services, and, where necessary, -the A-95 agency (emphasis added) . o Pam IV, Gt i.rdular Py95 ► further requites such an agreement to ineludp: a, Identification of relationships between the planning ptopdeed by the applicant and that of the areawide agency and of similar or related activities that will require coordination: The orga nizational and procedural arrangements for coordinating such activities, such as: overlapping board membership, procedures for joint reviews of projected activities and policies, information exchange, etc; Cooperative arrangements for sharing planning resources (funds, personnel, facilities, and services); Agreed upon base data, statistics, and projections (social, economic, demographic) on the basis of which planning in the area will proceed. It is clearly the intent of these federal regulatins tCouinsure ncil esthat they agency, various planning activities of the .P0, FDOT, the agency, be coordinated to the maximum Extent ossible. Section 450.108(d) suggests that the most effective and aeffici nt tsmea s toysuch crecoordination oord nat n is the development of one ::OF. to which p on the other hand, is to have the :?O develop an agreement l. hiith D appre, nP0 agreer..ent «i h he Councr ould the Department independent of the •`._• roc -ion, and provide result in a minimum of four separate :•.CAs within the "' "the pro':;ard and Dace :�.POs are no mechanism to insure that the activities of result. In substantial benefits Cne ••'Cry all parties could among coordinated.-•-,-r--, �evelor-ent and funding counties through joint pro to the individual , � associated withopportunities, while alleviating prob1ers arr independently. improvements Zing C ieC; out of e. t l • major transportation facility t�_ Florida Department Trans- portation only one ::C?• were developed, - aoDepart ant :,Tg poriation �• portation would share the responsibility of is su-"' g. where it is Separate :'^s leave a"PO in a situationFlorida the various agencies. p ,.• coordination anent the responsible, by federal regulation, for insu.:....ng coo` without any direct Department of Transportation, the Council, and the :•?C, link or agreement between FDOT and the Council to allow implementation of that responsibility. OPTIONS: acquiring, owning and selling Ovtion 1: If the Council does not prefer to see the creation of new public ------e.-. to irg personnel, agencies capable of 1) P �' � .,g the amount of fiscal participation, Arty 3) deter .ini.. -- real and personal property, ► ,- rules to effectuate presumably by local governments, and 4) promulgatingpowers in transportation, the Council should: OrN Or rile a Petition for a Declaratory Statement wiee the Office of the advencer as to the applicability of Chapter 120 to the recent §i§hations and the Interlocal Agreement and MeMorandum of AtteeMent promulgated by FDOT to carry out such designations; .request the Governor to designate, in conformance with Chapter 126 *there 'applicable, existing governmental entities composed of local elected officials of general purpose government, such as County Commissions or Regional Planning Councils, as Metropolitan Manning Organizations; withhold approval of any resolutions, agreements, or contracts creating new organizations until decisions on 1) and 2) above are receiver.; and 4. encourage other local governmental entities to do the same. Option 2: If the Council prefers to support the creation of new public agencies to be responsible for transportation planning, the Council should: file a Petition for a Declaratory StaL•erent with the Office of the Governor as to the applicability of Chapter 120 to the recent designations as well as the Interlocal Agreement and Memorandum of Agreement promulgated by FOOT to carry out such designations, in order to insure that the MPOs are constituted in conformance with federal regulations and state law, thereby avoiding future legal challenges to their authority; 2, approve a Resolution supporting only the recent designations of local elected officials as ;•TOs; 3. withhold approval of the proposed Interlocal Agreement until such time as it is modified to reflect the best interests of affected local governments and to he consistent with Title 23, Chapter 1, Part 450, Federal Regulations and until a decision on number 1) above is received; 1. •of Agreement (t'Cti) with 4.withhold approval of the orcposed Memorandum the Florida Departeent of Transportation until duly constituted .•'•PCs are established by Interlocal Agreement, which have the authority to sign such agreements, and until such time as the provisions of the *`PO) have MOA are modified to insure that local. elected officials (the :. m authority, consistent with the primary Yolic.� and decision -making � i ns andState of ,3Part 450, Federal Regelat o the Title 23, Chapter 1: Floridaand Local Government Comprehensive Planning Act; • 5. encourage other affected local governtents to do the sari. ^^ort the creation of the new public Should theCouncil�«'C:.:: ='•_r- at this agencies and wish to proceed with d velooing an Interlocal Agreement tire, the Council should: suggested in rttac"•ment 1 are incorporated 1. insure that the changers suggested prior to starting the Interlocal Agree:'.ent, in order to retain at least thl of local au_hcrit;: over urban tr nseortati0n planning p=..Vices level A y with State and federal law and and to in:�•�='= consistency regulations; A Page 7 or inSUte that all provisions of Chapter 120, Administrative feoeduies t.ct, are followed by the State where applicable; Withhold approval of the proposed Memorandum of Agreement (t•;OA) With the Florida Department of Transportation until duly donstituted MPOs are established by tnterlocal Agreement, which Have the authority to sign such agreements, and until such tine a5 the provisions of the t:OA are modified to insure that local elected officials (the b1PO) have the primary policy and decisicne making authority, consistent with Title 23, Chapter 1, Part 450, federal Regulations and. the State of Florida Local Government Comprehensive Planning Act; and encourage other affected local governments to do the same. motion 4a: Should the Council wish to also proceed with developing a e ii randum of agreement at this time, the Council should: 1. withhold approval of the i•:OA currently being circulated by the Florida Department. of Transportation; 2. require that only one such agreement be developed among the two MPOs, the State, and the Council as the A-95 agency for the Region to insure consistency with Titre 23, Chapter 1, Subpart 450, Title 23, ^'" Planning Assistance and Standards, Section 450.103(d); ii� Chapter 1, Subpart 420, Program Management and Coordination, 4� n and t IV,Office of :•:ana er ent and aud.cet Circular Section 0.3..5; a.:.. Parma A-95, and to insure that the planning activities of the Dada and Broward MPOs are not only coordinated .. with those of the State and A-95 agency: but also with one another; 3, encourage constituent local governments to support this position; 4. insure that all provisions of Chapter 120, Administrative Procedures. Act, are followed where applicable; and 5. begin holding informal workshops attended by representatives of affected local governments to jointly develop mutually acceptable provisions for the :•'OA which respond to the requirents�oftfederSateal regulations (Title 23, Chapter 1, Parts 450 and 420), (LGCPA) , and which insure the primacy of local elected official policy and decision -making authority for trans oration planning. Despite the potential rrcblemS associated with developing such a memorandum of agreement this time, this at least, insure that the tion would, atn �r 1',^�. MPOs, the State LOT, transportation Plan ning activities cf the Dade and _ow , and the Council would be coordinated hy S_ eci yir.? individual restonSibi1itie5 in one document to which all parties have agreed. Page 8 o f .btAb: Should the Coundil wish to proceed with developing a rOrrandum of agreement at this time which does not address intercOUnty COOrdination of transportation planning, except through the A-95 Peviea trtSeess, the Council should: is withhold approval of the MOA currently being circulated by FOOT; 26 require that one agreement be State, and the Council as the Title 23, Chapter 1, Part 450 developed among en.-1; MPO, the A-95 Agency, consisten -. • '.1. Subpart A, Section 450.108(d); 3. encourage constituent local governments to support this position; 4, insure that all provisions of Chapter. 120, Administrative Procedures Act, are followed where applicable; and 5. begin developing provisions for the '•:OA which incorporate the requirements of Part IV OMB Circular A-95 and Title 23, Chapter 1, Part 420, Federal Regulations, which specify the roles and responsibilities of they Council, both as the Areawide A-95 agency and as the regional planning agency, and which affirm local elected official authority for urban transportation planning, into agreements developed independently for the Dade and Broward tPOs. Since this option would result in Planning Organization jurisdiction, coordination between the activities o separate MOAs, one for each Metropolitan there would be no mechanism to insure of the Dade and Broward .y'Os. Option 4c: Should the Council wish to proceed with the development of memoranda of acree,:ent at this tire and su port the Florida Cepart^.'•Cnt of Transportation -position that four separate MCAs should be developed between each MPO and the State and between each MPO and the Council as the A-95 agency, the Council should: 1. insure that the changes suggested in Attachment 2 are incorporated prior to signing the agreement, in order to retain.local elected official responsibility for urban transportation planning and to insure consistency with both Title 23, Chapter 1, Part 450 and the Local Government Comprehensive Planning Act; 2. encourage constituent local governments to support this position; . insure that all provisions of Chapter 120, Administrative Procedures Act, are followed where applicable; and 4. begin developing the provisions to be incorporated into the separate MOAs with the A-95 Agency. Since this option would result in four separate MOAs, the likelihood of effective coordination among the various agency efforts is not increased, at hest. i t INTERLOC_;L AGP.EEIL NT L � � '`'"' INtEkLOCAL AGREEMENT, together with Rules of the Federal 'thway Administration and the Urban Miss Transportation Administration, published in.Volume 40 of the Federal Register, No. 181, Pages 42976 to 42984, September 17, 1975, which is attached hereto and made a part hereof, effective on the date herein specified below, by and between .........--.. ,,r1' (detailed descriptions of and parties), constituting the official designated METROPOLITAN PLANNING , hereinafter called the t 'O; ORGANIZATION for the WITNESSETE: 4,t2-4 WHEREAS, tharties of this Inter cal Agreement desire to participate cooperatively as an 1P0 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 development; and WHEREAS, the Federal Government, under the authority of 23 U.S.C. 13 4 and Sections 3(a) (2), 4(a), 5(g) (1), and 5(1) of the Urban Mass Transportation Act of 1964, as amended (40 U.S.C. 1602(a)(2), 1603(a) 1 requires that each urbanized area, as a'condition and 160-+ (g)1 and ( )) to the receipt of federal capital or operating assistance, have a continuins, transportation la:sz=ng process that cooperative, and comprehensive tr.ins p p results in plans and programs consistent with the comprehensively planned development of the urbanized area, and stipulates that the Statept the 41.1Ad ttaeta '9 /"�� agreement clearly anizationAs..all enter into /`r �{�E�opolitan Plannin S identifying the responsibilities for cooperatively carrying out such transportation planning; and WHEREAS, Rules of the federal. Highway Administration and the Utbat Haas Transportation Administration, published in Volume 40 of the Federal Register, No. 181, Pages 42976 to 42984, September 17, 1975, (hereitaftet Called the Rules), provide for the establishment of Metropolitan Planning Organizations. NOW, THEREFORE, it consideration of the mutual conVenants, promises, and representation herein the parties agree as follows: ,bO Our ose The purpose of this Interlocal Agreement is to assure eligibility for the receipt of federal capital and operating assistance pursuant to � 4 (a) , 5 (Q) (1) � and 5(1) of the Urban 23 U.S.C. 134 and Sections 3(a)(-)� Mass Transportation Act of 1964, as amended (40 U.S.C. 1602(a)(2), 1603(a), and 1604(g)(1) and (1)), which require a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the affected urbanized area in cooperation with the State of Florida Department of Transportation (hereinafter called the Department), the maintaining a balanced integrated agency resp�r.sible under State lay for c transportation system, , _���Q .t•� , Atu,t' C,/c �.� a - -- J t:<,c C - e ,E�,, 41c., �•-t. G «._G. — 2 00 L c P o i c_L�ft c- �G' �,Lri!/ f1 - 9 5` et 2'r r�--f�+�! i 3/ l 1 , 2 QO Ttic. tom: C.__. 1�--�L t� � i �, /"i:{•}ltilw 1y�:2 4"� and CO'WprChenSly? a The project is defineddefineds the continuing, cooperative, transportation planning process for including the progra;..ming of transportation improvements for such area. 1.0•0) Coot ion a areement r.,Vno ' .O1 The ►[PO shall carry out transportation plann=d prop i the A 'ram'-" "` ` � `'` ` • � i activities as identified n e - ' /fez' . i.Lo 1. C `S`'c'L ,t t. - -,�cd' sa . 3a 6 � 511 A�° --u" 0 , ��, A -2i s rbe 4.00 Powers, pesponsibilities and Obligations .01 The MPO shall have all powers, enjoy all rights, privileges, add immunities shared by public bodies, exa:cise all responsibilities and perform all obligations as provided in the Rules, including, but not limited to, the following: .02 The'0 may employpersonnel and, pursuant to contract,•utilize the staff resources of local and/or sate agencies. .03 The MPO shall enter into agreement with the state, operators of pC)public mass transportation services, and the areawide and regional S1 A-95 agencies which prescribe the cooperative manner in which the tom. i"r _✓Li.1 transportation planning process will be accomplished. r ts''- .04 The MPO may contract with private plamoi ng and engineering firms. + _ p .., • � � or lease real ,� 105 The MPO may acquire, own, operate, maintain sell, - 1 £-' 'l and personal property. r.tu�'`� U assistance, gifts, or bequeaths Cfri ` MPOaccept funds, grants, q i .06 Ths may P v • from local, state, and federal sources. .07 The MPO shall establish a budget which shall operate on a July 1 to !? June 30 basis. The amount of fiscal participation shall be determined by resolution adcpted by each I`L O participant, which resolution shall become a part hereof. promulgate rules to effectuate its powers, resporsi- .08 The WO may '• � • L, ,. 2 ea -v /�� bilitics, and oblibatioas enumerated � herein. Gay ' ? � art�ent4 shall carry out the ? 0�>� .09 The MPO, in cooperation, with the D_p urban transportati.cn planning process as required by Title 23 of the Code of Federal Regulations (CFR) , Chapter 1, Part 450. • ' AO' 1Plans and prog olyi)o-r 1 developed within the framewqr of the urban transportation planning process may be modified in a canner con- elo n tistent with the procedure established for initial depceilt. ,00 Pursuant to Federal, State, and Local taw In the event that any election, referendum, approval, pet ri.t, notice, or other proceeding or authorization is requisite under applicable late to enable the NPO to enter into this Agreement or to undertake the Project hereunder, ot to observe, assume, or carry out any of the provisi.onS of the Agreement, the 1120 will initiate and consummate, as provided by 1att, all actions necessary with respect to any such matters so requisite, a 4aA-t laQt..s..= cnd Other Documents �.00 Submission of r .,_ _oc_-<�z �,- 4 The MPO shall submit to the Department such data, reports, records, the Project as the Department •--•coc►tr�c :and other documents relating to P_�•J _ � �� n� �� /`�L.e.%✓ G'�''•,�,� tray require. ,L -e'L G.�•c-vt. G- C dui=✓�,/ .h.�i -- t, ,d. �- c- o c,4• )11 ,42G 7.00 Rights / r Review • The Dep rtment, the FHWA, and U_!TA shall have the rights of technical review of tfP0 projects. 8.00 Contracts of the MPO All contractual agreements, if involving FrIWA,UNTA, 4/{-r-43epetut eerrit funds, rust be appropriately approved by the affected federal agency„- ' �,/ a4 Lei ek,[. �.� a% i+< t�-f • � `` ' Except as otherwise authorized in u='iting by the Oepa-tc•2nt, rF4A, and L::TA, where state or federal funds are to be used, the 220 shall not execute any contract or obligate itself in any other manner with any to the Project without the prior written concurrence third party with respect r of the Depdrt::�nt7 Ft::.A, and tJMTA. Subletting of consultants contracts .,involving funds administered by FW4A shall be in accordance with the Parties to the A.^r__..ment ,:. tetua$tements of Paragraph 6b(5) of< Volume o1ume 4, OILaptez 1, Section 2, Or tubset tion 2, of the r'ederal-Aid Highway Program Manual. 9.00 Miscellaneous Provisions. .01 How Contract Affected_by Provisionseina Held invl.id If any provision of this Agreement is held invalid, the fetta/Mier of this Agreement shall not: be affected thereby if such remainder Mould then continue to conform to the terns and requirements of applicable law. ,.02 State or Territorial Law Nothing in the Agreement shall require the ttPO to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable sate lawA Provided, that if any of the provisions of the Agreement violate t/C l at �., `o nti Fv tho T,an3zt*�Qrit /'`h vnn any 8pp11C3o1e •{law/� the au. v will •- �� in writing in order that appropriate changes and codifications may be made by the Department and :•Sx 0 to the end that the 120 nay proceed as soon as possible with the Project. 00 Execution of A^reeent This contract 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. 1.00 Constitutional or Statutory Duties and Responsibilities of the Z k.,;L1 This Agreement shall not be construed nor needed 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 • 11; Pjfr14(' elLif the extent of actual and timely performance thereof by one or more of the parties to this rreement or any legal or ad iri :rative entity treated or authorized by this Agreement, in which case the perfortsattce tied be offered in satisfaction of the obligation or responsibility, 2 O0 buration 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 ther parties, at ]east 60 days prior to the intended date of w-ithdrawal, providing that such withdrawal does not adversely,effect existing M?0 commitments or obligations. `' 13.00 tiJ C At //6,1 Amendment of Aoreewent Amendments to this Agreement may be initiated by the MPO. Amendments shall be formally ratified and approved by resolution of the HP0 after notification to the Department of such amendment. 14.00 Confirmation of. Agreement The Agreement shall be reviewed annually by the 1120 to confirm the validity of the contents and to recommend the type'of amendments, if any, that are required. 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. IN UtTNESS WHER—J1, the undersigned parties ha - caused this Intetiocal Agteetent to be duly executed in their behalf and heteby tstablish the above designated WO this day of 107„. Attest: byt Mite: , Attest! Attest: z. June 10, 1976 sirA `t OF E,I.,OFtmA bEPARTMENTOFTRA iPOR ATION DIVISION OF PLANNING AND URBAN TRANSPORTATION PLANNLNG AGREEMENT Id (d)THIS AGREEMENT, made and entered into on the date speil(i+�rl'heei, y and between the STATE OF F'I,ORILI.A 0EPARTMENT OF TRANSPORTA TION, an agency of the State of. Florida, hereinafter called the Department, 7' and the ex-officio members of local general purpose government designated (6�6' �v- ,I by the Governor of. Florida . the METROPOLITAN PLANNING ORGANIZATION , hereinafter called the � �'" for the MPO; r1.1• Cis" .ram cti 'rNESSF.TH: WHEREAS, the parties of this Agreement desire to participate coopera- tively in the performance, on a continuing basis, of a coordinated, compre- hensive transportation planning and programming process to assure that highway, mass transit, rail, water, air and other transportation facilities will be properly located and developed in relation to the urbanized areas' overall plan of development; and WHEREAS, the Federal Government, under authority of 23 U.S. C. 134 and Sections 3(a)(2), 4(a), 5(g)(1), and 5(1) of the Urban Mass Transportation A,ct of 1964, as amended (49 U.S. C. 1602(a)(2), 1603(a), and 1604(g)1 and (1)), requires that each urbanized area, as a condition to the receipt of federal capital or operating assistance, have a continuing, cooperative, and compre- hensive transportation planning process that results in plans and programs tOftsistent with the comprehensively planned development of the urbanized area, and stipulates that the State) -.: the Metropolitan Planning Organiza. tion (MPO)shall enter rnto an agreement clearly identifying the respo isi. bilities for cooperatively carrying out such transportation planning, and WHEREAS, the Department is, by state law, the only state agency !o"4.`A. f-" authorized to provide major transportation facilities throughout the state; .14-4444:„..p„,y and the MPO and the Departmeal4have been g-ra te4t, yAby Federal , aulation to enter into said agreement; and WHEREAS, the Department is further authorized to promote plan, develop, maintain, and operate a safe, efficient, balanced and integrated statewide transportation system adequate to meet present and future needs to move people and goods within the state; and WHEREAS, "it is the intent of the Legislature to make the Department y �t of Transportation the custodian of the,state highway and transportation systems ,�O ,. ,and to provide sufficient broad authority to enable the Department to function "' .-Idequately and efficiently in all areas of appropriate jurisdiction..." Florida Statutes 334.02(5). NOW, THEREFORE, in consideration of the mutual convenailts, promises, and representation herein, the parties agree as follows: I, 00 Purpose The purpose of this Agreement is to set forth the responsibilities of the Depa.rtrnerlt and the MPO in carrying out transportation planning and programming tti and to describe the . cooperative procedures wider which such plarinitig and programming ing will be earried Out. 2.00 P oIeeti The Project is defined as the ee .ti tti g, Sive transportation planning process for cooperative, afid eomprehen- including the programming of transportation improvements for such area. 3. 00 Coordination and Agreement . 01 The Departr►lent is ultimately and primarily responsible for assuring the continuity of an integrated, efficient, and well-balanced transporta- tion system in Florida. Ali transportation planning and programming activities shall be carried out with express recognition of, alld strict adherence to, this preeminent statewide mission. The MPO shall carry out transportation planning and programming activities as identified in di _412441 the Agreement between the Depart nent and the 1.MPOJ 7i: Lc..2:3, e OIL Sa :5 �� %i �Lr -�..� c� �i`S� . // Z t�4� `/b?) . / 2- v a-+�' The ��.iPO�-�hJa11 execute and maintain an Agreement with the Vot)C. ta.SLZ- Areawide it A-95 agency, when different than the MPO, said Agreement to describe ram✓•1 -j N" the means by which activities will be coordinated as required by Part IV 019 °)-P` ,t• of OMB Circular A-95, ,and to specify how transportation planning and programming will be part of the comprehensively planned development of the urbanized area. The MPC)4shall execute and maintain an Agreement with publicly owned perR tors of mass transportation services in the urbanized area, said gietn'tettt to specify interactions essential to optirnizin mass to .tisit. Utb.ge tvithiit the urbat iced areas: $ 02 The MPO, in cooperation with the 1Jepartment of Tra.nsporta.tion shall create and establish a Technical Advisory Committee (TAC), composed of planners, engineers, and other appropriate disciplines, for the pur- pose of providing technical expertise to the MPO in the decision -making process. Zotd oe • 03 The MPO shall receive its proportionate share of the one-half percent Metropolitan Planning Pi F ds d •a ith 2 U 104f) P b A �! and 315 for the purpose of carrying out transportation planning and pro- Go4i gramrning. The PLAFunds are apporptioned to the State for distribution 6,41;f4..altztt 4, G' by estabiished formula on a reimbursable basis to the MPO for assistance in carrying out projects defined in the annual unified work program. Reim- bursement shall be in accord with terms and conditions stated in a joint (2"J t D 7 participating fund agreement between the MPOj d the Department It is" t also intended that the MPO be the recipient of funds under section 9 of the Urban Mass Transportation Act of 1964, as amended. The AMC) shall develop and implement a Citizens' Involvement Program. . 00 Responsibilities ft�4-1s The MPO, in cooperation with the DepartmentA shall carry out the urban transportation planning process as required by Title 23 of the Code of Federal Regulations (CFR), Chapter 1, Part 450, Subpart A, Section 50-,.-1.24. yS. //2 tAA. L *L5Z• /Zo a-n.i * RAAA" ti4•�'� #sa.3G/ Asa.32. . t+ It • y� ,f + e r/ _`>S'!t the M % in cooperatii n With the DepartmentAshall develop and lain- '1 frega h itt, plarns and programs tO include: A multi -year planning program (Prospectus) as regtiired by 23 cry., Chapter 1, Part 450, Subpart A, Section 450. 114(b), A. transportation plan, consisting of a long-range element and a transportation systems management element, as required by 23 CFR, Part 450, Subpart A, Section 450. 116, and An annual unified planning work program as required by 23 CF'l2, Chapter I, Part 450, Subpart A, Section 450. 114(c). An annually updated transportation improvement program as required by 23 CFR, Part 450, Subpart C, Sections 450. 306-450. 312. .`03 The MPO shall, on an annual basis, approve the Prospectus and the transportation plan and submit them to the Department of Transportation for review. The Department will, by formal administrative action, concur in the documents as submitted or return them to the iv.PO with suggested revisions, after which the revised documents shall be resubmitted to the z.,4 Department. This process shall be continued until the Prospectus and transportation plan have been formally endorsed by both the MPO and the Department. .04 The MPO shall produce and approve a final draft of the annual unified planning wort: program. The MPO shall submit this draft of the unified Lill-1. A h% A dlanr:ing tr L ! /, A-95 - 1T �.iti I stP I C r yjlie416," work program to the Department and to the state and areawide clearinghouses no less than 120 days before the end of the .05 4.4,441 T/ ? c e 4151.3/4 Department's fis..al year. The Department wilt review the unified plan- -2 ning work program and, in cooperation with the MPO, evaluate any fil corrurnents received from the A-95 agencies. The -= will • submit thegi'ointlyyaap�pproved/document to the Federal Region IV Inter - modal Planning Group. Eligibility for payment under Section 112 of the 1973 Federal -aid Highway Act will be contingent upon approval of, and in accordance with, this document. The Transportation Improvement Program, including the annual element and a program element fo5i four (4) or more succeeding years, shall be �forrnally endorsed by both the MPO and the Department, in the manner described above in Paragraph 4.03 for the Prospectus and transporta- tion plan. The Transportation. Improvement Program, as concurred in by both parties, shall then be submitted, no less than 30 days before I``" .40 the end of the Department's fiscal year: to the Governor of Florida by the MPO b) to the Urban Mass Transportation Adrninistration by the MPO l �D c ,1,,.jc) d) 1,o • _ ffr . fr 0 to the Federal Highway Administration by the Department, and to the state and areawide A-95 clearinghouses by the MPO. Additions, delections, and modifications to projects in the Transporta- tion Iriprovernent Program shall be made only when formally approved by both the MPO and the Department. .06 The Department, ZL in cooperation with the MPO, shall make every effort o include projects programmed in the Transportation Improvement Logrurrt in the Department's Five Year Construction Plan in the tattiest years porble. All projects must be pore oerly phased as to prelirttinary engineering, design, right-of-way acquisition and construe- tirltl time prior to introduction into the plan. When such projects involve Department activity, Department scheduling determination shall be required. Any phase of major projects introduced into the first two years of the Transportation Improvement Program are required to have Department concurrence as to proper phasing and scheduling. Major changes to the 11,s/10)1210V Transportation Improvement Program in any year which involve federal -r 7v funds or Department resources shall require approval by the Department. .07 --Any mod; fi.cations to the plans and prograrns developed within the ii• n ,./,4;1 , Q able federal funds or r.ecessary production requirements, the Depart- 14/L- t'u , _CL .� e'er in PO rnent may defer the obligation of such funds to a later period of time in accord-.nce with a reasonable development schedule and utilize such . 08 framework of the urban transportation planning process shall be devel- oped in E., manner consistent with the procedures established in Para- graphs 4. 1-4. S. t2, 4 f"'%c -rl S'Qrtr The MP() comply with all federal regulations as they pertain to t the urban transportation planning program. . 09 In the event that proposed program changes jeopardize or affect adversely the Department's and MPO's objectives of obligating all avail- 2Z ` funds in other areas.. ' he Department is authorized to advance or delay proposed projects to accommodate development time variances. jY1Po .10 The D'-=-= will be responsible for maintaining the "official file" on the project including the officially approved transportation network. 7? may require. anges to tisnetwork ond its supporting data must be approved by the MPO and t"tcurred in by the Depart-nen"' The Department's corn- putet system using officially supported transportation software packages Will be available, under the Department's standard operating proce,, dunes, to the MPO for alternate transportation network testing and analysis. Any network testing and subsequent analysis to be performer] must: be included in the unified work program and have the approval of the Department before being eligible for Metropolitan Planning Fund reimbursement. The development of final programs, including the long-range and transportation system elements, must be based on the official transportation network and supporting data file maintained by the D artment. .00 Pursuant to Feder?l, State, and Local Law In the event that any election, referendur:, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the MPO to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the MPO will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 6.00 Submission of Proceedinzs, Contract, and other Documents The MPO shall submit to the Department such data, reports, records, Fern c:, and other documents relating to the Project as .yt-h-e� Department -/'}7 fi.,),c9e) Azre,e„...r— • 7.00 Rights of Review The I)..pl rfrnent, the FHWYA, and UM T A shall have the right of t hnid ►1 review Projects f t }e . 6jett acid inspection of recorc.,: pertaining,to this t '00 Contacts 6( the 1150 The MPO may, to the extent riece$sary and as provided for i.b. the annual 'waffled planning work program, utilize contractual agreements to employ the staff resources of local agencies and consultants to carry out selected ele- ments of the Project. The MPO contracting procedures and agreements, if involving FHVVAA.. JMTA, -a,n3%a at funds, must be appropriately approved by t'r1,7 affected federal agency'and!or the Depart-r:e ` '1.` f�.c.��,�-rc.. 4-�.,..yey 4-y am,./ Except as otherwise authorized in writing by thv DPparr-r- pro, FHWA, and UNITA, 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 4.4 party with respect to the Project without the prior written concurrence of the tp4>>11zrt-nc: :, FHWA, and UMTA. Subletting of consultants' contracts involving funds administered by FHWA shall be in accordance with the requirements of Paragraph 6b(5) of Volume 4, Chapter I, Section 2, Subsection 2, of the Federal -Aid Highway Program Manual. 9. 00 uL g• o e . 01 52)�r<<;� • .02 Miscellaneous Provisions Government Not Ob1i7ated to Third Parties - The Department shall not be obligated or liable hereunder to any party other than the MPO. How Contract Affected by Provisions Beir_R Held Invalid - If any provi- sion of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to Mb .04 9. Mittortn to the ter is and requirements of appli ale law. &t4teoraTertitorialLai+ Nothing in the Agreement shall requite the MIND to observe or enforce compliance with any provision thereof, per= forth any other act or dotan�th thing in contravention of any applicable (its/ ' t to l w P�ded, that iff any of the provisions of the Agreement /l fL • violate any applicable o-tate law,( the MPO will at once notify the Depart- ii ent in writing 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. Responsibility for Claims and Liability - The MPO shall save harmless the Department from all claims and liability due to the MPO's negligent acts or the negligent acts of its subcontractors, agents, or employees. 10.00 Execution of Agreement This contract may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counter- parts together shall constitute one and the same instrument. 11.00 Constitutional or Statutory Duties and Responsibilities of the Parties to the A:►,reement This agreerent shall not be construed nor deemed 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 tv. 71. this agt ernetit on any lee- '1 or administrative entity err ted or authorized by this agreement, in which case the perforrnance may be offered in satism fa.ttioft of the obligation or responsibility. i 12$ b0 Duration of Agreement and Withdrawal Procedure This agreement shall remain in effect until terminated by either or both parties 'to the Agreement. Either party may withdraw from said. Agree- rrietit after presenting in written form a notice of intent to withdraw to the other party, at least 60 days prior to the intended date of withdrawal. 13. 00 Amendment of Agreement Amendments to this Agreement may be initiated by the MPO or the Department. Amendments shall be formally ratified and approved by resolu- tion of the MPO and notification by the Department by letter signed by the Secretary of Transportation. 14.00 Confirmat1on of Agreement The agreement shall be reviewed annually by the I IPO and the Depart- ment to confirm the validity of the contents and to recommend the types of amerdrnents, if any, that are required. 15.00 Agreement Format ,Ail words used herein in the singular forrn 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. _t— WITNESS S WHEREOF, the MPO has caused this Contract to be duly III ti� IT1�FS executed in ats bLhalf, and thereafter the Department has caused the same TITLE to b 1uIy executed irtt's behalf this day of 1- . 197 Approved: w.Y.sk, Awn •ok ry, ireetbr 6f Plehmirig and Progrettartirig STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Director of Administratiott (SEAL) Executive Secretary METROPOLITAN PLANNING ORGANIZATION TITLE: PPROVED AS TO FORM ATTEST: (SEAL) AND LEGA1.ITY Attorney South Florida Regional Planning Council 1515 N.W. 167th Street, Suite 429, Miami, Florida 33169 (305) 621-5871 October 1976 Mr. Tom Wtlota Sdetetary Florida Department Of TrAfttport ilaydon Burns Building 605 Suwannee Street Tallahassee, Florida 32304 Dear Secretary Webb: Enclosed are two staff analyses addressing the recent MPO designations by the Governor. A number of questions and issues are raised in these analyses which are of concern to local government within the Pegion. The Council will be reviewing and taking action en the MPO designations, as well as the proposed Interlocal Agreenent and :enorandum of Agreement currently being circulated by the Florida Departm:nt of TranF;portation at its October 16 meeting. I would like to take this onportunity to invite you or your representative to attend this meeting in order to respond to questions that Council n:mbers may have in regard to the enclosed docurnnts. I am also enclosing an agenda for the meeting. We will look forward to seeing you on the 18th. Sincerely, e) • .;:l? M. Barry Peterson, AIP Executive Director MBP/as Enclosures tT Ittefi'iber(s) of this body to serve on the (`ante tetigtt ted by the Governor of this state and to serve at the pl:asure of the teveteot and to execute the aforesaid Interlocal Agreement on behalf of this betlyi a oir.ted) tii ,s�inn, otht:r Authority.) does authori tiny duly elected (or PP of Central Citv)) M PO when to it further resolved that the (Cot__ Comrtission .Cit Co«t' ft'i 9Slt3h. Other Authotitvl authorizes the MPO to undertake the planning and pt gtTfr,tning contemplated by the Interlocal Agreement. Such plans or programs developed by the MPO shall be effective within the (C22-1tYCif bther Authority) when adopted by formal resolution. ON PUBLIC HEARING 1976=77 BUDGET .AO A=N1,. - OCTOBER 19, 1976 GAYFRONT PARK AUDITORIUM A G L N t A Adoption of appropriations ordinance an fi : Ceding. Adoption of millaae ordinance on first readint Federal Revenue Sharing .. Social Services l 1 ocati ons . ,Please note that the County Property Appraisers office has ,nformed the City that the millage rate has to be finalized `today in order to process the tax bills.