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HomeMy WebLinkAbout2573 Interlocal Agrmnt - Amendment Orl Area Metro Planning Org07/11/2024 14:06 PM vPage 1 of 17 Rec Fee: $146.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: SIMPLIFILE LC AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE ORLANDO URBAN AREA METROPOLITAN PLANNING ORGANIZATION DB/A/ MetroPlan Orlando THIS AMENDMENT (hereinafter "Amendment") is made and entered into by and between the State of Florida, Department of Transportation; the Counties of Orange County, Florida, Osceola County, Florida, Seminole County, Florida; the Cities of City of Altamonte Springs, Florida, City of Apopka, Florida, City of Kissimmee, Florida, City of Orlando, Florida, City of Sanford, Florida, the City of St. Cloud, Florida, the Central Florida Regional Transportation Authority, The Greater Orlando Aviation Authority, the Central Florida Expressway Authority, and the Sanford Airport Authority, and the MetroPlan Orlando Municipal Advisory Committee (hereinafter the "Parties"). RECITALS WHEREAS, the Parties reaffirm the Interlocal Agreement dated June 7, 2000, as amended, except as amended hereby; WHEREAS, section 134 Title 23 of the United States Code requires the designation of metropolitan planning organizations (hereinafter "MPO" or "MPOs") in urban areas, as defined by the United States Census Bureau; WHEREAS, section 339.175(4)(a), Fla. Stat., requires the Governor to review the composition of the Metropolitan Planning Organizations membership in conjunction with the decennial census; WHEREAS, section 134 of Title 23 of the United State Code sets forth membership requirements for MPOs designated for transportation management areas with a population of 200,000 or more residents; WHEREAS, on August 15, 2023, the Executive Committee of the governing board of MetroPlan Orlando, considered alternative membership scenarios for presentation to the governing board of MetroPlan Orlando; WHEREAS, on September 13, 2023, the governing board of MetroPlan Orlando met to review its voting composition and approved a Resolution Supporting the Adoption of the Executive Committee's recommended MPO Membership Apportionment Plan ("Apportionment Resolution") and determined that it was appropriate that the City of St. Cloud be added as a voting member to the Interlocal Agreement, as amended, creating MetroPlan Orlando; WHEREAS, the signatories to this Amendment hereby ratify and reaffirm the Apportionment Resolution as if fully set forth herein; and, Prepared by: Jay Small Dinsmore & Shohl LLP 225 E. Robinson Street, Suite 600 Orlando, FL 32801 AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE ORLANDO URBAN AREA METROPOLITAN PLANNING ORGANIZATION DB/A/ MetroPlan Orlando THIS AMENDMENT (hereinafter "Amendment") is made and entered into by and between the State of Florida, Department of Transportation; the Counties of Orange County, Florida, Osceola County, Florida, Seminole County, Florida; the Cities of City of Altamonte Springs, Florida, City of Apopka, Florida, City of Kissimmee, Florida, City of Orlando, Florida, City of Sanford, Florida, the City of St. Cloud, Florida, the Central Florida Regional Transportation Authority, The Greater Orlando Aviation Authority, the Central Florida Expressway Authority, and the Sanford Airport Authority, and the MetroPlan Orlando Municipal Advisory Committee (hereinafter the "Parties"). RECITALS WHEREAS, the Parties reaffirm the Interlocal Agreement dated June 7, 2000, as amended, except as amended hereby; WHEREAS, section 134 Title 23 of the United States Code requires the designation of metropolitan planning organizations (hereinafter "MPO" or "MPOs") in urban areas, as defined by the United States Census Bureau; WHEREAS, section 339.175(4)(a), Fla. Stat., requires the Governor to review the composition of the Metropolitan Planning Organizations membership in conjunction with the decennial census; WHEREAS, section 134 of Title 23 of the United State Code sets forth membership requirements for MPOs designated for transportation management areas with a population of 200,000 or more residents; WHEREAS, on August 15, 2023, the Executive Committee of the governing board of MetroPlan Orlando, considered alternative membership scenarios for presentation to the governing board of MetroPlan Orlando; WHEREAS, on September 13, 2023, the governing board of MetroPlan Orlando met to review its voting composition and approved a Resolution Supporting the Adoption of the Executive Committee's recommended MPO Membership Apportionment Plan ("Apportionment Resolution") and determined that it was appropriate that the City of St. Cloud be added as a voting member to the Interlocal Agreement, as amended, creating MetroPlan Orlando; WHEREAS, the signatories to this Amendment hereby ratify and reaffirm the Apportionment Resolution as if fully set forth herein; and, Recorded in Osceola County, FL KELVIN SOTO, ESQ., CLERK OF COURT 07/15/2024 08:43:43 AM RECEIPT # 2933096 Rec Fees 146.00 EXTRA NAMES 11.00 CFN# 2024091866 BK 6632 PG 2829 PAGE 1 OF 17 Inst;;2U24Ub2844 BooK:1UF W Page:1131-1153; (1t PAGEb) KCU: 1/12/2024 1:3/:49 NM REC FEE $146.00 INDEX FEE $11.00 Prepared by: Jay Small Dinsmore & Shohl LLP 225 E. Robinson Street, Suite 600 Orlando, FL 32801 AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE ORLANDO URBAN AREA METROPOLITAN PLANNING ORGANIZATION D/B/A/ MetroPlan Orlando THIS AMENDMENT (hereinafter "Amendment") is made and entered into by and between the State of Florida, Department of Transportation; the Counties of Orange County, Florida, Osceola County, Florida, Seminole County, Florida; the Cities of City of Altamonte Springs, Florida, City of Apopka, Florida, City of Kissimmee, Florida, City of Orlando, Florida, City of Sanford, Florida, the City of St. Cloud, Florida, the Central Florida Regional Transportation Authority, The Greater Orlando Aviation Authority, the Central Florida Expressway Authority, and the Sanford Airport Authority, and the MetroPlan Orlando Municipal Advisory Committee (hereinafter the "Parties"). RECITALS WHEREAS, the Parties reaffirm the Interlocal Agreement dated June 7, 2000, as amended, except as amended hereby; WHEREAS, section 134 Title 23 of the United States Code requires the designation of metropolitan planning organizations (hereinafter "MPO" or "MPOs") in urban areas, as defined by the United States Census Bureau; WHEREAS, section 339.175(4)(a), Fla. Stat., requires the Governor to review the composition of the Metropolitan Planning Organizations membership in conjunction with the decennial census; WHEREAS, section 134 of Title 23 of the United State Code sets forth membership requirements for MPOs designated for transportation management areas with a population of 200,000 or more residents; WHEREAS, on August 15, 2023, the Executive Committee of the governing board of MetroPlan Orlando, considered alternative membership scenarios for presentation to the governing board of MetroPlan Orlando; WHEREAS, on September 13, 2023, the governing board of MetroPlan Orlando met to review its voting composition and approved a Resolution Supporting the Adoption of the Executive Committee's recommended MPO Membership Apportionment Plan ("Apportionment Resolution") and determined that it was appropriate that the City of St. Cloud be added as a voting member to the Interlocal Agreement, as amended, creating MetroPlan Orlando; WHEREAS, the signatories to this Amendment hereby ratify and reaffirm the Apportionment Resolution as if fully set forth herein; and, 20240401730 Page 2 of 17 WHEREAS, the governing body of MetroPlan Orlando has determined that it is appropriate that Orange County, Florida, be granted a new representative as a voting member to the Interlocal Agreement as amended creating MetroPlan Orlando. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties agree as follows: I. Recitals. The forgoing recitals are true and correct. H. Interlocal Agreement. Article 4, Section 4.01(a) of the Interlocal Agreement dated June 7, 2000, as amended, is amended to read as follows: The membership of the MPO shall consist of twenty-two (22) voting representatives and five (5) non-voting representatives. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: Orange County Osceola County Seminole County City of Altamonte Springs City of Apopka City of Kissimmee City of Orlando City of Sanford City of St. Cloud Central Florida Regional Transportation Authority Greater Orlando Aviation Authority Central Florida Express►vay Authority San ford Airport Authority MetroPlan Orlando Municipal Advisory Committee 7 Representatives 1 Representative 2 Representatives I Representative I Representative 1 Representative 2 Representatives 1 Representative 1 Representative 1 Representative I Representative 1 Representative 1 Representative 1 Representative III. Severability. The invalidity or unenforceability of any term or provision of this Amendment or the non -applicability of any such term or provision to any person or circumstance shall not impair or affect the remainder of this Amendment, and the remaining terms and provisions hereof shall not be invalidated but shall remain in full force and effect but shall be construed as if such invalid, unenforceable, or non - applicable provisions were omitted. IV. Entire Agreement. This Amendment represents the entire understanding and agreement between the parties with respect to the subject matter hereof. None of the terms and provisions hereof may be amended, supplemented, waived or changed orally, but only by a writing signed by each of the parties hereto. V. Rules of Construction. Whenever used herein, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. 0A 20240401730 Page 3 of 17 VI. Amendment Execution and Counterpart Signature Pages. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same instrument. VII. Effective Date. This Amendment 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. IN WITNESS WHEREOF, the undersigned parties have caused this Amendment to the Interlocal Agreement dated June 7, 2000, as amended, to be duly executed on their behalf. ORANGE COUNTY, FLORIDA BY: w,�4 DATE: March 5, 2024 TITLE: County Administrator ATTEST: TITLE: Deputy Clerk OSCEOLA COUNTY, FLORIDA BY: DATE: TITLE: ATTEST: TITLE: [Continued on following pages] 20240401730 Page 4 of 17 VI. Amendment Execution and Counterpart Signature Pages. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same instrument. VII. Effective Date. This Amendment 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. IN WITNESS WHEREOF, the undersigned parties have caused this Amendment to the Interlocal Agreement dated June 7, 2000, as amended, to be duly executed on their behalf. ORANGE COUNTY, FLORIDA BY: DATE: TITLE: ATTEST: TITLE: / 00 "'0 =1 rM, `� ,. ,•,moi ," ' [Continued on following pages] 3 20240401730 Page 5 of 17 BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY—FL A By: JA MBOWER, Chairperson D Lr:ex-4ution As authorized y the Board of Coutty Commissioners at its L4 2U24 ireplar meeting. Clerk to the Board of County Commissioners of Seminole County, Florida. For `the use and reliance of Seminole County only. App r as to farm and lega ufficiency. County Attorney CITY OF ALTAMONTE SPRINGS, FLORIDA BY: DATE: TITLE ATTEST: TITLE: CITY OF APOPKA, FLORIDA BY: DATE: TITLE: _ ATTEST: TITLE: CITY OF KISSIMMEE, FLORIDA BY: _ TITLE: DATE:_ ATTEST: TITLE: [Continued on following pages] E 20240401730 Page 6 of 17 BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: JAY ZEMBOWER, Chairperson Date: As authorized for execution by the Board of County Commissioners at its , 2024 regular meeting. ATTEST: , Clerk to the Board of County Commissioners of Seminole County, Florida. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. County Attorney CITY OAMITSPRINGS, FLORIDA �,�,\•°�'\\y-C'ISla.,,, S` DATE: 3 Zo iyPOW TITLE: cLY0Ir ATTEST: W. ;� 1920 : � TITLE: ; }`--C er '/ °•. ry' o�c` CITY OF APOPKA, FLORIDA BY: DATE: TITLE: _ ATTEST: TITLE: CITY OF KISSIMMEE, FLORIDA BY: TITLE: DATE:_ ATTEST: TITLE: [Continued on following pages] n 20240401730 Page 7 of 17 BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: JAY ZEMBOWER, Chairperson Date: As authorized for execution by the Board of County Commissioners at its 2024 regular meeting. ATTEST: , Clerk to the Board of County Commissioners of Seminole County, Florida. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. County Attorney CITY OF ALTAMONTE SPRINGS, FLORIDA BY: DATE: TITLE: ATTEST: TITLE: CITY,,gF APO I , FLORIDA BY: DATE: 7- 2- TITLE: C r ATTEST: TITLE: /3 c- . CITY OF KISSIMMEE, FLORIDA BY: TITLE: DATE: ATTEST: TITLE: [Continued on following pages] 0 20240401730 Page 8 of 17 BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: JAY ZEMBOWER, Chairperson Date: As authorized for execution by the Board of County Commissioners at its , 2024 regular meeting. ATTEST: , Clerk to the Board of County Commissioners of Seminole County, Florida. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. County Attorney CITY OF ALTAMONTE SPRINGS, FLORIDA BY: DATE: TITLE: ATTEST: TITLE: CITY OF APOPKA, FLORIDA BY: DATE: TITLE: ATTEST: TITLE: CITY O CISSIMMEE. FLOR DA BY: TITLE: DATE: • lac} %-k 'TE ' [Continued on following pages] 4 20240401730 Page 9 of 17 CITY OF O , D%DA BY: TITLE: ,M DATE:. 24, ATTEST: TITLE: CITY OF SANFORD, FLORIDA BY: , Mayor Date: ATTEST , City Clerk For use and reliance of the City of Sanford City Commission only. Approved as to form and legality. , City Attorney CITY OF ST. CLOUD, FLORIDA BY: TITLE: DATE: ATTEST: TITLE: THE CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: [Continued on following page] Clty Councll Meeting; Qy- I N -201y 5 Item; 5- 0 r Documentary: 14a;57)33 01 20240401730 Pagel 0 of 17 CITY OF ORLANDO, FLORIDA BY: TITLE: DATE: ATTEST: TITLE: CITY Date: ATTEST :w City Clerk For use and reliance of the City of Sanford City Commission only. Approved as to form and -legality. City Attorney CITY OF ST. CLOUD, FLORIDA BY: TITLE: DATE: ATTEST: TITLE: THE CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: [Continued on following page] 5 20240401730 Page 11 of 17 CITY OF ORLANDO, FLORIDA BY: TITLE: DATE: ATTEST: TITLE: CITY OF SANFORD, FLORIDA BY: , Mayor Date: ATTEST City Clerk For use and reliance of the City of Sanford City Commission only. Approved as to form and legality. , City Attorney CITY OF SL CLO BY: a TITLE: DATE: ATTEST: TITLE: THE CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: [Continued on following page] 5 20240401730 Page 12 of 17 CITY OF ORLANDO, FLORIDA BY: TITLE: DATE: ATTEST: TITLE: CITY OF SANFORD, FLORIDA BY: , Mayor Date: ATTEST , City Clerk For use and reliance of the City of Sanford City Commission only. Approved as to form and legality. , City Attorney CITY OF ST. CLOUD, FLORIDA BY: TITLE: DATE: ATTEST: TITLE: THE C{F�Rlp�REEGIONALTRANSPORTATION AUTHORITY BY: — DATE:Zs 2 TITLE: ATTEST: f L TITLE: �YOAI� �; f} 7S' fan -i [Continued on following page] 5 THE BY: DA7 TITI ATT TITI 20240401730 Page 13 of 17 ,UTHORITY THE CENTRAL FLORIDA EXPRESSWAY AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: SANFORD AIRPORT AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: umbergerlKii-J.. Approved as t Form � t rgIP METROPLAN ORLANDO MUNICIPAL ADVISORY COMMITTEE BY: TITLE: DATE: ATTEST: TITLE: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BY: TITLE: DATE: ATTEST: TITLE: APPROVED AS TO FORM, LEGALITY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ATTORNEY DATE: TITLE: 4847-3597-2123,v. 2 rol 20240401730 Page 14 of 17 THE GREATER ORLANDO AVIATION AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: THE CENTRALF ID BY: DATE: TITLE: A S. TITLE: lUi a vu�a�r SANFORD AIRPORT AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: WAY AUTHORITY SevYic�S METROPLAN ORLANDO MUNICIPAL ADVISORY COMMITTEE BY: TITLE: DATE: ATTEST: TITLE: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BY: TITLE: DATE: ATTEST: TITLE: APPROVED AS TO FORM, LEGALITY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION mm ATTORNEY DATE: TITLE: 4847-3597-2123, v. 2 20240401730 Page 15 of 17 THE GREATER ORLANDO AVIATION AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: THE CENTRAL FLORIDA EXPRESSWAY AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: SANF ffRP T THORIT BY: DATE: -5 TITLE: rcnA ATTEST: TITLE: QsS.v. METROPLAN ORLANDO MUNICIPAL ADVISORY COMMITTEE BY: TITLE: DATE: ATTEST: TITLE: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BY: TITLE: DATE: ATTEST: TITLE: APPROVED AS TO FORM, LEGALITY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ATTORNEY DATE: TITLE: 4847-3597-2123, v. 2 0 20240401730 Page 16 of 17 THE GREATER ORLANDO AVIATION AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: THE CENTRAL FLORIDA EXPRESSWAY AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: SANFORD AIRPORT AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: C ��i�fi1.►'� � DATE:_ ATTEST: TITLE: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BY: TITLE: DATE: ATTEST: TITLE: APPROVED AS TO FORM, LEGALITY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Eb-w ATTORNEY DATE: TITLE: 4847-3597-2123, v. 2 rol 20240401730 Page 17 of 17 THE GREATER ORLANDO AVIATION AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: THE CENTRAL FLORIDA EXPRESSWAY AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: SANFORD AIRPORT AUTHORITY BY: DATE: TITLE: ATTEST: TITLE: METROPLAN ORLANDO MUNICIPAL ADVISORY COMMITTEE BY: TITLE: DATE: ATTEST: TITLE: STATE F L PARTMENT OF TRANSPORTATION BY: TITLE: DATE: 2 ATTEST: t-- TTTT APPROVED AS TO FORM, LEGALITY STATE -GE FLQRII?A, DEPARTMENT OF TRANSPORTATION BY: ' AA NJ v Aklmkiwy DATE: � ` J -A TITLE: k -i- ��- 4847-3597-2123, v. 2 0