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HomeMy WebLinkAboutcocc_resolution_no_2020-05_20200218RESOLUTION NO. 2020-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; APPROVING THE FIRST AMENDMENT TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to remain party to the Restated Interlocal Agreement which established the transportation planning organization "TPO", and to continue participating cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to further the proper location and development of transportation facilities in relation to the overall plan of community development; and WHEREAS, the City desires to continue developing transportation plans and programs which provide for the development of transportation facilities that will function as a multi -modal and intermodal transportation system for the metropolitan planning area; and WHEREAS, participation in the Interlocal Agreement ensures eligibility for the receipt of certain federal funds and operating assistance; and WHEREAS, the Interlocal Agreement satisfies the requirements of, and is consistent with, Section 339.175(2)(b), Florida Statutes; and WHEREAS, the Interlocal Agreement is consistent with the statutory requirements set forth in section 163.01, Florida Statutes, relating to interlocal agreements; and WHEREAS, the City Council of the City of Cape Canaveral deems this Resolution is in the best interests of public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Approval of First Amendment to Restated Interlocal Agreement. The City Council of the City of Cape Canaveral hereby authorizes the Interim City Manager to execute the First Amendment to the Restated Interlocal Agreement with the Florida Department of City of Cape Canaveral Resolution No. 2020-05 Page 1 of 2 Transportation attached hereto as Exhibit "A" fully incorporated herein by this reference, and any mutually agreed -upon renewals and extensions thereto. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 18th day of February, 2020. ksce ATTEST:. Mia Goforth, CM City Clerk Approved as to legal form and sufficiency For the Ct¢f Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR Mike Brown x Bob Hoog x Mickie Kellum x Wes Morrison Motion Angela Raymond Second City of Cape Canaveral Resolution No. 2020-05 Page 2 of 2 AGAINST SEAL of Cape Canaveral, Florida RESOLUTION NO. 2020-05 - EXHIBIT "A" FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION THIS FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT, made and entered into this day of , 2020, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF BREVARD, a political subdivision of the State of Florida; the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation; the CITY OF COCOA, a Florida Municipal Corporation; the CITY OF COCOA BEACH, a Florida Municipal Corporation; the TOWN OF INDIALANTIC, a Florida Municipal Corporation; the CITY OF INDIAN HARBOUR BEACH, a Florida Municipal Corporation; the CITY OF MELBOURNE, a Florida Municipal Corporation; the TOWN OF MELBOURNE BEACH, a Florida Municipal Corporation; the CITY OF PALM BAY, a Florida Municipal Corporation; the CITY OF ROCKLEDGE, a Florida Municipal Corporation; the CITY OF SATELLITE BEACH, a Florida Municipal Corporation; the CITY OF TITUSVILLE, a Florida Municipal Corporation; the CITY OF WEST MELBOURNE, a Florida Municipal Corporation; and the CANAVERAL PORT AUTHORITY, an independent special taxing district and political subdivision of the State of Florida, collectively known as "the parties". WITNESSETH WHEREAS, the parties entered into a Restated Interlocal Agreement for the Creation of the Transportation Planning Organization by instrument recorded on July 15, 2014, in Official Records Book 7166, Page 2144, Public Records of Brevard County, Florida; and WHEREAS, the parties deem it appropriate to amend the Restated Interlocal Agreement for the Creation of the Transportation Planning Organization; and WHEREAS, each signatory through its governing body or authority has taken the necessary action to approve this First Amendment to the Restated Interlocal Agreement for the Creation of the Transportation Planning Organization, NOW THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: SECTION 1. RECITALS. Each and all of the foregoing recitals ("WHEREAS" clause) is incorporated herein and declared to be true. Page 1 of 18 Interlocal SECTION 2 . AMENDMENT TO SECTION 4 . 01 . Section 4 . 01 (a) of the Restated Interlocal Agreement for the Creation of the Transportation Planning Organization is hereby amended as set forth below. New language is underlined, and deleted text is strickcn through: Section 4 . 01 Composition and membership of governing board. (a) The membership of the TPO shall consist of nineteen voting members and one non-voting advisor. The names of the member local government entities and the voting apportionment of the governing board as approved by the Governor shall be as follows : Brevard County 5 representatives1/ Canaveral Port Authority 1 representative City of Cape Canaveral 1 shared representative?/ City of Cocoa 1 representative City of Cocoa Beach 1 shared representative?/ City of Indian Harbour Beach 1 shared representative3/ City of Melbourne 3 representatives4/ City of Palm Bay 3 representatives City of Rockledge 1 representative City of Satellite Beach 1 shared representative3/ City of Titusville 2 representatives City of West Melbourne 1 representative Town of Indialantic 1 shared representative3/ Town of Melbourne Beach 1 shared representative3/ Florida Department of Transportation 1 non-voting advisors/ 1/ The Brevard County Board of County Commissioners also represent the Space Coast Area Transit ("SCAT") , an agency which operates a major mode of transportation, Titusville-Cocoa Airport District and the Titusville-Cocoa Airport Authority ("TICO") , and Valkaria Airport. Additionally, Brevard County will serve as a representative of the Central Florida Expressway Authority, an agency that operates a major mode of transportation. §348 . 751 et seq. , Florida Statutes . One County Commission member appointed by the Chair of the Brevard County Board of County Commissioners serves on the Governing Board of the Central Florida Expressway Authority. §348 . 753 (3) et seq. , Florida Statutes . ?/ The City of Cape Canaveral and the City of Cocoa Beach have formed the North Beaches Coalition, and pursuant to Section 339 . 175 (4) (b) , Florida Statutes (2014) , share one voting delegate on the TPO Governing Board. 3/ The City of Indian Harbour Beach, the City of Satellite Beach, the Town of Indialantic, and the Town of Melbourne Beach have formed the South Beaches Coalition, and pursuant to Section 339 . 175 (4) (b) , Page 2 of 18 Interlocal Florida Statutes (2014), share one voting delegate on the TPO Governing Board. The City of Melbourne also represents the City of Melbourne Airport Authority. One City Council member appointed by the City of Melbourne must also serve on the Governing Board of the City of Melbourne Airport Authority. The Florida Department of Transportation is a party to this Interlocal Agreement pursuant to Section 339.175(2)(b), Florida Statutes (2014). The Florida Department of Transportation is not a member of the TPO Governing Board but serves as a non -voting advisor pursuant to Section 339.175(4)(a), Florida Statutes (2014). SECTION 3. SEVERABILITY. Should any section, sentence or clause of this Agreement be deemed unlawful by a Court of competent jurisdiction, no other provision hereof shall be affected and all other provisions of this Agreement shall continue in full force and effect. SECTION 4. EFFECTIVE DATE. This Agreement shall become effective upon its filing with the Clerk of the Circuit Court of Brevard County, Florida, as provided in Section 163.01(11), Florida Statutes. [Intentionally Left Blank] Page 3 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. CANAVERAL PORT AUTHORITY, an independent special taxing district and political subdivision of the State of Florida By: Micah Loyd, Chairman ATTEST: As Approved by the Board on: (SEAL) Bob Harvey, Secretary/Treasurer Review for legal form and content: Harold Bistline, General Counsel Page 4 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA By: Bryan Lober, Chair ATTEST: As Approved by the Board on: (COUNTY SEAL) Scott Ellis, Clerk Review for legal form and content: Assistant County Attorney Page 5 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. CITY OF CAPE CANAVERAL, a Florida Municipal Corporation By: Todd Morley, Interim City Manager ATTEST: As Approved by the City Council on: (SEAL) Mia Goforth, City Clerk Review for legal form and content: Anthony Garganese, City Attorney Page 6 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. CITY OF COCOA, a Florida Municipal Corporation By: John A. Tikanich, City Manager ATTEST: As Approved by the City Council on: (SEAL) Carie E. Shealy, City Clerk Review for legal form and content: Anthony Garganese, City Attorney Page 7 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. CITY OF COCOA BEACH, a Florida Municipal Corporation By: James P. McKnight, City Manager ATTEST: As Approved by the City Commission on: (SEAL) Loredana Kalaghchy, City Clerk Review for legal form and content: Becky Vose, City Attorney Page 8 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. CITY OF INDIAN HARBOUR BEACH, a Florida Municipal Corporation By: Mark K. Ryan, City Manager ATTEST: As Approved by the City Council on: (SEAL) Sue Frank, City Clerk Review for legal form and content: Karl Bohne, City Attorney Page 9 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. CITY OF MELBOURNE, a Florida Municipal Corporation By: Shannon Lewis, City Manager ATTEST: As Approved by the City Council on: (SEAL) Cathleen A. Wysor, City Clerk Review for legal form and content: Alison L. Dawley, City Attorney Page 10 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. TOWN OF MELBOURNE BEACH, a Florida Municipal Corporation By: Beth Mascaro, Town Manager ATTEST: As Approved by the Town Commission on: ( SEAL ) Nancy Wilson, Town Clerk Review for legal form and content: Cliff R. Repperger, Town Attorney Page 11 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. CITY OF PALM BAY, a Florida Municipal Corporation By: Lisa Morrell, City Manager ATTEST: As Approved by the City Council on: (SEAL) Terese M. Jones, City Clerk Review for legal form and content: Patricia Smith, City Attorney Page 12 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. CITY OF ROCKLEDGE, a Florida Municipal Corporation By: Brenda Fettrow, City Manager ATTEST: As Approved by the City Council on: (SEAL) Lisa Nicholas, City Clerk Review for legal form and content: Joseph E. Miniclier, City Attorney Page 13 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. CITY OF SATELLITE BEACH, a Florida Municipal Corporation By: Courtney Barker, City Manager ATTEST: As Approved by the City Council on: (SEAL) Gwen Peirce, City Clerk Review for legal form and content: James P. Beadle, City Attorney Page 14 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. CITY OF TITUSVILLE, a Florida Municipal Corporation By: William S. Larese, City Manager ATTEST: As Approved by the City Council on: (SEAL) Wanda F. Wells, City Clerk Review for legal form and content: Richard C. Broome, City Attorney Page 15 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. CITY OF WEST MELBOUNRE, a Florida Municipal Corporation By: Scott Morgan, City Manager ATTEST: As Approved by the City Council on: (SEAL) Cynthia S. Hanscom, City Clerk Review for legal form and content: Morris Richardson, City Attorney Page 16 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. TOWN OF INDIALANTIC, a Florida Municipal Corporation By: Michael Casey, Town Manager ATTEST: As Approved by the Town Council on: (SEAL) Rebekah Raddon, Town Clerk Review for legal form and content: Paul R. Gougelman, Town Attorney Page 17 of 18 Interlocal FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE TRANSPORTATION PLANNING ORGANIZATION IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the undersigned officials to execute on their behalf. FLORIDA DEPARTMENT OF TRANSPORTATION By: Secretary ATTEST: As Approved on: , Agency Clerk Review for legal form and content: , General Counsel (SEAL) Page 18 of 18 Interlocal