RESOLUTION 92-20583 RESOLUTION NO. 92-20583
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING AND INSTRUCTING
THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, METROPOLITAN DADE
COUNTY, CITY OF MIAMI, CITY OF MIAMI BEACH, CITY OF
HIALEAH AND CITY OF HOMESTEAD, WHICH RECONSTITUTES
THE METROPOLITAN PLANNING ORGANIZATION AND PROVIDES
FOR ONE MEMBER OF THE CITY OF MIAMI BEACH CITY
COMMISSION, AS RECOMMENDED BY THE MAYOR, TO SERVE
THEREON, WITH APPOINTMENT BY THE GOVERNOR.
WHEREAS, the State of Florida Department of Transportation,
Dade County and the above mentioned municipalities, under the
authority of Sections 163 . 01 and 339. 175, Florida Statutes may
enter into an Interlocal Agreement to carry out a project which is
advantageous to the parties and which agreement permits the joint
exercise of such powers or authority which the parties share in
common or might be exercised separately; and
WHEREAS, as a condition for the receipt of federal
transportation capital or operating assistance under federal law
and regulation, the Governor of each State is required to designate
a Metropolitan Planning Organization, for each urbanized area
hereinafter referred to as "MPO" , which MPO is to have a
continuing, cooperative and comprehensive transportation planning
process that results in plans and programs consistent with the
comprehensive planned development of the urbanized area, and
stipulates that the State and MPO shall enter into an Agreement
clearly identifying the responsibilities for cooperatively carrying
out of such transportation planning; and
WHEREAS, a previous agreement creating and establishing the
MPO for the Miami Urbanized Area signed by the Department of
Transportation, the Dade County Board of County Commissioners and
the Dade County School Board and dated March 2 , 1977 provides the
legal basis for the functioning of the MPO since 1977 to the
present, with the participation of the School Board subsequently
deleted from the agreement by ruling of the State Attorney General ;
and
WHEREAS, it is the purpose of the attached Interlocal
Agreement to reconstitute the Metropolitan Planning Organization
Y ' /
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for the Miami Urbanized Areas, and the agreement provides that one
member of the City of Miami Beach City Commission, as recommended
by the Mayor, shall serve thereon, with appointment by the
Governor.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized and instructed to execute an Interlocal Agreement
by and between the State of Florida Department of Transportation,
Metropolitan Dade County, City of Miami, City of Miami Beach, City
of Hialeah and City of Homestead, which reconstitutes the
Metropolitan Planning Organization and provides for one member of
the City of Miami Beach City Commission, as recommended by the
Mayor, to serve thereon, with appointment by the Governor.
PASSED and ADOPTED this 2nd day of September , 1992 .
ATTEST:
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City Clerk api-/u, ay•►r
PNB: lm
C:\resoluti\interloc.mpo FARM APPROVED
August 31, 1992
LEG4CL DEPT.
By W
Date ,FA9 z
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CITYOFM14\ MI . flEACH (16;1
s
CITY HALL 1700 CONVENTION CENTER DRIVE M;AMI BEACH FLORIDA 33139
TELEPHONE: (305) 673-7010
OFFICE OF THE CITY MANAGER FAX: (305) 673-7762
COMMISSION MEMORANDUM NO.
DATE: Sept. 2, 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. Carttorit
City Manager
INTERLOCAL AGREEMENT BETWEEN THE STATE OF FLORIDA
SUBJECT..
DEPARTMENT OF TRANSPORTATION, METROPOLITAN DARE
COUNTY, AND THE CITIES OF MIAMI, MIAMI BEACH, HIALEAH
AND HOMESTEAD, RELATING TO NEW REPRESENTATION ON
THE METROPOLITAN PLANNING ORGANIZATION (MPO)
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve and authorize entering
into an Interlocal Agreement between the State of Florida Department of Transportation,
Metropolitan Dade County, and the Cities of Miami, Miami Beach, Hialeah and Homestead,
providing Miami Beach representation on the Metropolitan Planning Organization.
BACKGROUND:
At its June 16, 1992 meeting, the governing board of the Metropolitan Planning Organization
(MPO) adopted resolutions to support commencing negotiations with the three most populous
cities in Dade County, namely, Miami, Hialeah and Miami Beach, and the City of
Homestead, to complete an Interlocal Agreement that will reconstitute the MPO Board to
include representation from these cities.
Once approved by all of the participating agencies, the final agreement will be submitted to
the governor for approval as required by federal and state statutes relating to the
metropolitan planning organizations.
At its July 22, 1992 meeting, the City Commission appointed Commissioner Susan Gottlieb
to represent the City on the MPO board. Entering into the Interlocal Agreement formalizes
City of Miami Beach participation on the MPO board subject to final approval of by the
governor.
CONCLUSION:
The Administration strongly advocates participating in the MPO process both at the elected
and administrative levels to ensure that the planning and coordination of State, County and
City projects are implemented with the City's best interest as a priority and, further, to ensure
that the City of Miami Beach has every opportunity to receive Federal and State dollars for
eligible City projects.
R MC/RAG/b
Attachment
C:\bis\cm-rcsol\MP0.2
I'
AGENDA
ITEM
DATE
CITY OF MIAMI BEACH
.
• •
TO: Pat Brown DATE:10/26/92
Legal Department
FROM: Richard E. Brown /1747'
City Clerk
SUBJECT: Consent to Assignment of a Revocable Permit
Enclosed is a copy of the consent to assignment of a Revocable
Permit from the McDoel Hotel, Inc. to BLDG Management Co. , Inc.
for the use of the westerly 27.7 feet adjacent to the seawall
on Indian Creek of Out-Lot #7 amended Plat of Indian Beach
Corporation's Sub. (8-61) , for signature by the authorized
officials, witnesses and notary.
Please request that the attached be signed and returned to
Mercy Williams in this office for execution by the City.
She will subsequently forward a fully executed copy for your
files, together with a copy of the authorizing resolution no.
92-20644.
Thank you.
.
CITY C1 MIMBEACH
4
r
TO: Richard Gatti DATE: 9/22/92
Public works
FROM: Richard E. Brown
City Clerk
SUBJECT: Metropolitan Planning Organization (MPO)
Enclosed are 6 copies of an interlocal agreement by and
between the State of Florida Department of Transportation,
Metropolitan Dade County, City of Miami, City of Miami Beach,
City of Hialeah and City of Homestead, which reconstitutes the
Metropolitan Planning Organization and provides for one member
of the City of, Miami Beach City Commission, as recommended by
the Mayor, to serve thereon, with appointment by the Governor,
for signatures of the appropriate official as listed on the
signature page.
Please request that the agreement in the blue-backed cover be
returned to Mercy Williams in this office after execution.
She will subsequently forward a fully executed copy for your
files, together with a copy of the authorizing resolution no.
92-20583.
Thank you.
•
METRa0ADE
- - METROPOLITAN PLANNING ORGANIZATION (MPO)( 4) SECRETARIAT
- 1. - n� 0. rNP, OFFICE OF COUNTY MANAGER
ci,r7 91c
- - - 111 N.W. FIRST STREET
MIAMI. FLORIDA 33128
July 30, 1992
(305) 375-4507
Honorable Mayor Seymour Gelber -
City Hall
1700 Convention Center - •
Miami Beach, FL 33139 E c: :s
Dear Mayor Gelber:
Enclosed for your signature is an original •
Interlocal Agreement as per MPO Resolution
19-92 (attached) sedNo.
pas by the Metropolitan PlanningOrganization •
concerning G ove rrun g Board
MPU membership restructuring. The Cityof Miami
• g Beach is a to the new
agreement, alongwith the subjectPAY
the Florida Department of
and the Board of P Transportation,
County Commissioners.
Once this agreement is executed by � •
parties, it will be submitted to the Governor's Office
for membership plan approval. Asof this •
. part submission, it is required that formal action
be taken by the units of localovernment
g involved in the agreement supporting such
means of a resolution. pF° g by
Please return to our office after signing g g for further processing alongwith su rte
documentation. An executed ppo ng
copy of the agreement will be transmitted to
your office once
the membership plan is approved by the Governor.
Should you need additional information on this matter, please contact me at (305) 375-4507.
Sincerely,
i
5..Jose—Luis Mesa, Director
MPO Secretariat
Ivnonn .,•.,PS,,
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tended:
Agenda Item No. III E
RESOLDT I ON *O. MPO 19-92
RESOLUTION DIRECTING OF NEGOTIATIONS
WITH APPROPRIATE PARTIES ON AN MNTERUDCAL AGREEMENT
THAT WILL RECONSTITUTE THE MPO FOR THE MIAMI
URBANIZED AREA TO INCLUDE THE THREE MOST POPULOUS
CITIES IN THE COUNTY AND THE CITY OF HOMESTEAD; AND
WHICH WILL EXPAND THE GOVERNING HOARD OF SUCH
RECONSTITUTED MPO TO INCLUDE REPRESENTATIVES FROM
SUCH CITIES AS WELL AS A REPRESENTATIVE FROM THE
DADE LEAGUE OF MUNICIPALITIES
BE IT RESOLVED BY THE GOVERNING BOARD OF THE METROPOLITAN P
LANN I NG
ORGANIZATION (MPO) FOR THE MIAMI URBANIZED AREA that the MPO Secretariat is
hereby directed to commence negotiations with appropriate
parties on an
interlocal agreement that will reconstitute the MPO to include the three most
populous cities in the County and the City of Homestead, and which will
provide
that the governing board of such reconstituted MPO shall include representatives
pre entatives
of such cities, as well as a representative of the Dadea
L8 gue of Cities, as
voting members. Such interlocal agreement shall comply with the applicable
requirements of federal and statementlaw P y
to entitle such reconstituted MPO to
be redesignated as the MPO for the Miami Urbanized Area under
the Intermodal
Surface Transportation Efficiency Act of 1991.
The foregoing resolution was offered by Board Member Sherman S. Winn, who
moved its adoption. The motion was seconded by Arthur E. Teele, Jr. , and
upon
being put to vote, the vote was as follows:
Board Member Mary Collins - aye
Board Member Charles Dusseau - aye
Board Member Joseph Gersten - absent
Board Member Allen C. Harper - aye
Board Member Larry Hawkins - aye
Board Member Alexander Penelas - aye
Board Member Harvey Ruvin - absent
Board Member Xavier L. Suarez - aye
Board Member Arthur E. Teele, Jr. - aye
Board Member Sherman S. Winn - aye
Chairman Stephen P. Clark - aye
The Chairman thereupon declared the resolution duly passed and adopted this
day of June, 1992. P 16th
METROPOLITAN PLANK •'•, - =Ad;i;ON
FOR THE _ I . ... A,
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P V4NNA,
B 16;AIDE
Y• _ OJose-Luis Meg: '
MPO Secretar C�UN�-}.
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INTIR
OCAL
♦ ' '
RZICKENT
THIS AGREEMENT, maded
an entered into this day of 19 by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called
the DEPARTMENT, DADE COUNTY, a political subdivision of the State
of Florida,
hereinafter called the County, and the CITIES OF MIAMI, MIAMI BEACH,
HIALEAH AND
HOMESTEAD, Florida municipal corporations hereinafter called MIAMI
MIAMI BEACH,
HIALEAH and HOMESTEAD, respectively.
WITNICSSET H:
WHEREAS, the Department, the County and the aforementioned municipalities,
under the authority of Sections 163.01 and 339.175, Florida Statutes
may enter
into an interlocal agreement to carry out a project which is advantageous to the
parties and which agreement permits the joint exercise of suchw
po ers or
authority which the parties share in common or might be exercised separately,
and
WHEREAS, as a condition for the receipt of federal transportation capital
or operating assistance under federal law and regulation, the Governor of each
State is required to designate a Metropolitan Planning Organization, for r each
urbanized area hereinafter referred to as "MPO", which MPO is to
have a
continuing, cooperative and comprehensive transportationlannin
P 9 process
that
results in plans and programs consistent with the comprehensiveP lanned
development of the urbanized area, and stipulates that the State and MPO
shall
enter into an agreement clearly identifying the responsibilities for
cooperatively carrying out of such transportation planning, and
WHEREAS, a previous agreement creating and establishing the MPO for the
Miami Urbanized Area signed by the Department of Transportation, the Dade
County
Board of County Commissioners and the Dade County School Board and dated March
2nd, 1977 provides the legal basis for the functioning of the MPO since 1977
to
the present, with the participation of the School Board subsequently deleted
� Y
from the agreement by ruling of the State Attorney General.
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WHEREAS, it is the purpose of this interlocal agreement to reconstitute the
Me i cpolltan Planning Organization for the Miami Urbanized Areas
as provided
herein.
NOW, THEREFORE, in consideration of the mutual covenants, ro
promises, and
representations herein, the parties agree as follows:
1.00 Pef jnitions
The terms employed in this Agreement shall have the following o ing meanings
unless the context clearly implies a different intent:
.01 "GOVERNOR" shall mean the Governor of the State of Florida
.02 "COUNTY" shall mean the Board of County Commissioners
Dade County, Florida
.03 "MPO" shall mean the Metropolitan Planning Organization g n for the Miami
Urbanized Area designated by the Governor.
.04 "DEPARTMENT" shall mean the State of Florida Department P of Transportation.
.05 "GOVERNING BOARD" shall mean those persons designated
� by the Governor to
serve on the MPO.
.06 "MDTA" shall mean the publicly owned public transit operator pe in Dade County
known as the Metro Dade Transit Agency, a department of the Metropolitan
Dade County government.
07 "STATE" shall mean the State of Florida and its various
departments,
agencies and/or officials.
.08 "URBANIZED AREA" that area wholly contained within Dade County which by
definition and boundary limitations is to be urbanized.
.09 "FTA" shall mean the Federal Transit Administration of the U.S. Department
of Transportation.
.10 "FHWA" shall mean the Federal Highway Administration of the U.S. Department
of Transportation.
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.11 "DIRECTOR OF SECRETARIAT" shall mean thatrson who ho shall be appointed to
serve as Director of the MPO staff, as Secretary to the MPO and as the
administrator of its business and affairs in accordance with the rules,
regulations and procedures adopted by the MPO pursuant to Section 5.06.
2.00 ?urtose
For the reasons recited in the preamble, which are herebyadoptedas part
hereof, this agreement is to reconstitute the MPO for the Miami Urbanized Area
for the purpose of maintaining a continuing, cooperative and comprehensive
prehensive
transportation planning process resulting in coordinatedlans and
P programs
consistent with the comprehensively planned development of the said urbanized
area, in cooperation with the Department, and in accordance with Federal
requirements.
3.00 The Prosect
The project is defined as the continuing, cooperative and comprehensive
transportation planning process for the Miami urbanized area, including the
programming of transportation improvements for such area.
4.00 $PO - Reconstituted
The reconstituted MPO for transportation planning in the Miami Urbanized
Area is hereby created, established and vested with thewer, rights
ghts
privileges, immunities and responsibilities to perform all
obligations provided
g
in Sections 163.01 and 339.175 Florida Statutes, subject to the limitations
imposed by Section 5.00 of this agreement. The MPO shall be headed
by a
Governing Board whose voting members are designated by the Governor of Florida
and serve at his pleasure. The Governing Board of the MPO shall consist of:
the
entire Board of County Commissioners of Dade County, one (1) member of the City
of Miami City Commission as recommended by the Mayor, one (1) member of the City
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aq; ;o uoT4oun; i et A uno3 apse ;o u e;sAs uoT4v4aodsuea; aqq ;o aToa
eq; azTtuT ado o; sesnpeooad quo; s;es buTpuv;saepu0 ;o umpuvaouiew 43
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eTgeoTTddt •q; Aq put ;u&sby TeooTa•;uI $T4; Aq paxTnba1 s.T;TAT;ot
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•
•
participating agencies, and levels of participation Pa by the various
agerci s. The amount of fiscal participation shall be determined fined by
resolution adopted by the MPO, subject to approval and lawful
appropriation
by the respective funding bodies.
.06 It is understood and agreed by the Board of County •
Commissioners and the
municipalities signatory to this Agreement that when the Governor
designates any member of any of the entities to serve
as a member of the
MPO, that member is hereby authorized to so serve in accordance with the
provision of this agreement.
.07 The MPO in cooperation with the Department shall ensure the technical
adequacy of the transportation planningrocess, The T e appointment of
planners, engineers and members of appropriate disciplines p to serve in an
advisory capacity shall be subject to the concurrence of the
employer of
any such person so appointed.
.08 The MPO shall maintain a Citizen's Participation Structure.
ture.
•09 Any rules and regulations, promulgated bythe
MPO in accordance with
Section 5.06 of this agreement, which relate to thelannin process g p cess or the
technical adequacy of the plans shall be developed in cooperation i
Pe pe on with the
Department.
8.00 pursuant to Federal, Statel and Local Law
In the event that any election, referendum, approval, permit,P notice, or
other proceeding or authorization is requisite Qu 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 to the extent of its legal capacity, work towards the
accomplishment
and fulfillment of said needs.
•
9.00 - - - 4 • t • • !• . t - •_ !1 t - !.4 -
`3 MPo shall submit to the Department such data,
rePOz'ti, records,
contracts, and other documents relating to the Project as the
Department may
require.
10.00 sights of Review
All parties to the Agreement, the FHWA, and FTA shall have the rights of
technical review and comment of MPO projects.
11.00 Contracts of the MPO
All contractual agreements, if involving FHWA, FTA
and/or Department
funds, must be appropriately approved by the funding agency.
Except as otherwise authorized in writing by the Department,
FHWA or FTA,
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 party with
respect to the Project without the prior written concurrence of the Department,
FHWA, and PTA.
12.00 Miscellaneous Provisions
.01 How Contract Is Affected by Provisions Held Invalid
If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereof if such remainder would
then continue to conform to the terms and requirements of applicable
pp able
law.
.02 §tate or Territorial Law
Nothing in this Agreement shall require the MPO to observe or
enforce
compliance with any provision thereof, perform any other act or
do any
other thing in contravention of any applicable state law• rovid
p ed,
that if any of the provisions of the Agreement violate any applicable
licable
stata law, the MPG will at once notify the Department 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.
13.00 Jxecution of Aareement
This Interlocal Agreement 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.
14.00 Constitutional or Statutory Duties and Responsibilities of
Parties of
the Aareement •
This Agreement shall not be construed to authorize the delegation of
the constitutional or statutory duties of any of therties. In addition,ition, thio
Agreement does not relieve any of the parties of an obligation or responsibility
4 po ility
imposed upon them by law except to the extent of actual and timelyperformance
pe oriaance
thereof by one or more of the parties to this Agreement or anylegal eg or
administrative entity created or authorized by this Agreement, in which case the
performance may be offered in satisfaction of the obligation or responsibility.
po y,
15.00 Jf f ect ive Date and Duration of Agreement and Withdrawal Procedure
r
This Agreement shall become effective only after execution by all
parties and designation of such parties as the membership for the MPO for the
Miami Urbanized Area by the Governor. This Agreement shall remain in effect
until terminated by the parties to the Agreement. Any party may withdraw from
said Agreement after presenting, in written form, a notice of intent
to
withdraw, to the other parties, at least 60 days prior to the intended date of
withdrawal, provided financial commitments made prior to withdrawal are
effective and binding for their full terms and amount regardless of withdrawal.
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RESOLUTION NO. 92-20583
A RESOLUTION OF THE CITY'eOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING AND INSTRUCTING
THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, METROPOLITAN DADE
COUNTY, CITY OF MIAMI, CITY OF MIAMI BEACH, CITY OF
HIALEAH AND CITY OF HOMESTEAD, WHICH RECONSTITUTES
THE METROPOLITAN PLANNING ORGANIZATION AND PROVIDES
FOR ONE MEMBER OF THE CITY OF MIAMI BEACH CITY
COMMISSION, AS RECOMMENDED BY THE MAYOR, TO SERVE
THEREON, WITH APPOINTMENT BY THE GOVERNOR.
WHEREAS, the State of Florida Department of Transportation,
Dade County and the above mentioned municipalities, under the
authority of Sections 163.01 and 339.175, Florida Statutes may
enter into an Interlocal Agreement to carry out a project which is
advantageous to the parties and which agreement permits the joint
exercise of such powers or authority which the parties share in
common or might be exercised separately; and
WHEREAS, as a condition for the receipt of federal
transportation capital or operating assistance under federal law
and regulation, the Governor of each State is required to designate
a Metropolitan Planning Organization, for each urbanized area
hereinafter referred to as "MPO", which MPO is to have a
continuing, cooperative and comprehensive transportation planning
process that results in plans and programs consistent with the
comprehensive planned development of the urbanized area, and
stipulates that the State and MPO shall enter into an Agreement
clearly identifying the responsibilities for cooperatively carrying
out of such transportation planning; and
WHEREAS, a previous agreement creating and establishing the
MPO for the Miami Urbanized Area signed by the Department of
Transportation, the Dade County Board of County Commissioners and
the Dade County School Board and dated March 2, 1977 provides the
legal basis for the functioning of the MPO since 1977 to the
present, with the participation of the School Board subsequently
deleted from the agreement by ruling of the State Attorney General;
and
WHEREAS, it is the purpose of the attached Interlocal
Agreement to reconstitute the Metropolitan Planning Organization
•
•
•
•
for the Miami Urbanized Areas,. and 'the agreement provides that one
member of the City of Miami Beach City Commission, as recommended
by the Mayor, shall serve thereon, with appointment by the
Governor.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized and instructed to execute an Interlocal Agreement
by and between the State of Florida Department of Transportation,
Metropolitan Dade County, City of Miami, City of Miami Beach, City
of Hialeah and City of Homestead, which reconstitutes the
Metropolitan Planning Organization and provides for one member of
the City of Miami Beach City Commission, as recommended by the
Mayor, to serve thereon, with appointment by the Governor.
PASSED and ADOPTED this 2nd day of September , 1992 .
ATTEST:
01
/I
City Clerk 9i,s19•2, ayor
PNB: lm
C:\resoluti\interloc.mpo FORM APP°OVED
August 31, 1992
EE DEPT.
STATE OF FLORIDA By
COUNTY OF Dr DE:
�r
Clerk of the 09Z
I, RICHARD E. BROWN, City Date
City of Miami Beach, Florida, do hereby certify
that the above and foregoing is a true and cor-
mPt cordyof the original thereof on file in this
office.
16/1TNESS, my hand and the seal of said City
NnSY A.D. 19 92-
th i �d3Y of
F.iCHARD E. BROWN
City Clerk of the City of Miami Beach,Florida
�ti,.
Deputy
ORIGINAL
RESOLUTION NO. 92-20563
Authorizing and instructing the Mayor and
City Clerk to execute an interlocal
agreement by and between the State of
Florida Department of Transportation,
Metropolitan Dade County, City of
City of Miami Beach, City of Hialeah
and City of Homestead, which resonstitutes
the Metropolitan Planning Organization and
provides for one member of the City of
Miami Beach City Commission, as
recommended by the Mayor, to serve thereon,
with appointment by the Governor.
,