Res 77-97 I
RESOLUTION NO. 77-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING EXECUTION OF AN
INTERLOCAL AGREEMENT TO EXPAND MEMBERSHIP OF THE
METROPOLITAN PLANNING ORGANIZATION TO INCLUDE AN
ADDITIONAL VOTING REPRESENTATIVE FOR PALM BEACH
COUNTY.
WHEREAS, the Intermodal Surface Transportation Efficiency
Act of 1991 (ISTEA) and Chapter 339.175, Florida Statutes, call for
metropolitan plannin9 organizations to perform transportation
plannin~ in urban areas; and
WHEREAS, Chapter 339.175, Florida Statutes, sets forth the
requirements for creation of the Metropolitan Plannin~ Organization
through an Interlocal A~reement and identifies the membership and
designation process by the Governor's Office; and
WHEREAS, the Metropolitan Planning Organization of Palm
Beach County proposes to expand its membership to provide an
additional votin~ representative for Palm Beach County from a
statutorily authorized plannin~ board; and
WHEREAS, the Governor has approved the addition of another
votin~ member for Palm Beach County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the expansion of the membership of the
Metropolitan Plannin~ Organization of Palm Beach County to include
an additional votin~ representative for Palm Beach County is
accepted.
Section 2. That the Interlocal Agreement creating the
Metropolitan Plannin~ Organization and identifyin~ the membership is
approved.
PASSED AND ADOPTED in regular session on this the 7th day
of October, 1997.
~City ~Cl~rk - ' - ~
MEMORANDUM
TO: Barbara Garito, Deputy City Clerk
FROM: Alison MacGregor Harty, City Clerk~~
SUBJECT: Resolution No. 77-97 (Metropolitan Planninq
Orqanization)
DATE: October 8, 1997
Per the attached letter from Randy Whitfield at the MPO, it looks
like we only need to send him two original copies of the
authorizing resolution and they will coordinate the actual
signing of the agreement. Please verify this with the MPO.
If that is the case, attached are two certified copies of
Resolution No. 77-97 to be forwarded to Mr. Whitfield. If they
need anything else, please let me know.
Thanks.
AMH/m
Attachments
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY lVlg_~AGER~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 7, 1997
RESOLUTION NO. 77-97 (METROPOLITAN PLANNING
ORGANIZATION INTERLOCAL AGREEMENT)
DATE: OCTOBER 2, 1997
In December, 1995, the City Commission adopted Resolution No.
88-95 in support of the appointment of an additional voting
member representing Palm Beach County to the Metropolitan
Planning Organization. The request was initiated by the Board of
County Commissioners, supported by the local governments
comprising the MPO, and was subsequently approved by the Governor
pursuant to statutory requirements.
The resolution now before the Commission approves execution of
the Interlocal Agreement by the MPO member entities and accepts
the expanded membership to include the additional voting
representative for Palm Beach County from a statutorily
authorized planning board.
Recommend approval of Resolution No. 77-97.
ref:agmemo7
METROPOLITAN PLANNING ORGANIZATION
OF
PALM BEACH COUNTY
160 Australian Avenue. Suite 201, West Palm Beach, Flonda 3:3406 Tel. f5,51) 684-4170
SEPI9 199'f
' COMMISSION September 17, 1997
The Honorable Jay Alperin
City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
RE: MPO InterlocalAgreement
Dear Mayor Alperin:
The Metropolitan Planning Organization (MPO) is created under Chapter 339.175, F.S., by an
Interlocal Agreement between the member organizations and the Florida Department of
Transportation. This Agreement sets forth the MPO planning requirements and the membership of
the MPO Board.
At the request of the Board of County Commissioners, the MPO submitted a plan to add another
voting member representing the County. This member would be appointed by the County
Commission from a statutorily authorized planning board. The Governor has approved the
additional MPO member for Palm Beach County.
Enclosed is the standard agreement prepared by the State for formation of an MPO. The
membership for the Palm Beach MPO is reflected in the agreement. Also enclosed is a sample
resolution authorizing execution of the Interlocal Agreement. Following transmittal of two executed
copies of the authorizing resolution, the staff will schedule the signing of the thirteen copies of the
agreement. After execution by all parties, a copy with ori.ginal signatures will be sent to you.
If you have any questions, please contact me.
Sincerely, ~
~eld, P.E.
cc: Kenneth Ellingsworth, Deputy Vice-Mayor, City of Delray Beach
RO. Box 21229, West Palm Beach, Florida 33416-1229
FORM ~25-010-01
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION POLICY PLANNING
INTERLOCAL AGREEMENT FOR CREATION OF THE ooc-05/96
Page I of 10
PALM BEACH METROPOLITAN PLANNING ORGANIZATION
THIS INTERLOCAL AGREEMENT is made and entered into this ~ day of ,
199 , by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY(IES) OF
Palm Be. achl the MUNICIPALITIES OF Belle Glade. Boca Raton, Boynton Beach~ Delray Beach, Jupiter, Lake
Worth. Palm Beach Gardens. Riviera Beach. West Palm Beach: and the Port of Palm Beach.
RECITALS:
WHEREAS, the Federal Government, under the authority of 23 USC. Section 134 and Sections 4(a), 5(g)(1),
and 8 of the Federal Transit Act [49 USC app. Subsection 1603(a), 1604(g)(1), and 1607], requires that each
metropolitan area, as a condition to the receipt of federal capital or operating assistance, have a continuing,
cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the
comprehensively planned development of the metropolitan area, and stipulates that the State and the metropolitan
planning organization shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying out
such transportation planning;
WHEREAS, the parties of this Interlocal Agreement desire to participate cooperatively in the performance, on a
continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities,
mass transit, rail systems, air transportation and other facilities' will be properly located and developed in relation to the
overall plan of community development;
WHEREAS, 23 USC Section 134 (a) and (b), as amended by the Intermodal Surface Transportation Efficiency
Act of 1991, 49 USC Section 1607(a) and (b), 23 CFR Section 450.306, and Section 339.175, Florida Statutes, provide
for the creation of metropolitan planning organizations to develop transportation plans and programs for metropolitan
areas;
WHEREAS, pursuant to 23 USC Section 134(b), 49 USC app. Section 1607(b), 23 CFR Section 450.306(a),
and Section 339.175, Florida Statutes, a determination has been made by the Governor and units of general purpose
local government representing at least 75 % of the affected population in the metropolitan area to designate a
metropolitan planning organization;
WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Mr. John F. Koons, Chairman
dated December 27, 1996, the Governor has agreed to the apportionment plan of the members of the proposed MPO as
set forth in this Agreement;
WHEREAS, pursuant to 23 CFR Section 450.306(c), as implemented by Section 339.175(1)(b), Florida
Statutes, an interlocal agreement must be entered into by the Department and the governmental entities designated by
the Governor for membership on the MPO;
WHEREAS, the interlocal agreement is required to create the metropolitan planning organization and delineate
the provisions for operation of the MPO;
WHEREAS, the undersigned parties have determined that this Agreement satisfies the requirements of and is
consistent with Section 339.175(1)(b), Florida Statutes;
WHEREAS, pursuant to Section 339.175(1)(b), Florida Statutes, the interlocal agreement must be consistent
with statutory requirements set forth in Section 163.01, Florida Statutes, relating to interlocal agreements; and
WHEREAS, the undersigned parties have determined that this Agreement is consistent with the requirements of
Section 163.01, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the
parties desiring to be legally bound, do agree as follows:
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ARTICLE 1
RECITALS; DEFINITIONS
Section 1.01. Recitals. Each and all of the foregoing recitals be and the same hereby incorporated
herein and acknowledged to be true and correct. Failure of any of the foregoing recitals to be true and correct shall not
operate to invalidate this Agreement.
Section 1.02. Definitions. The following words when used in this Agreement (unless the context shall
clearly indicate the contrary) shall have the following meanings:
"Agreement" means and refers to this instrument, as amended from time to time.
"Department" shall mean and refer to the Florida Department of Transportation, an agency of the State of
Florida created pursuant to Section 20.23, Florida Statutes.
"Long Range Transportation Plan" is at a minimum a 20-year plan which: identifies transportation facilities;
includes a financial plan that demonstrates how the plan can be implemented and assesses capital improvements
necessary to preserve the existing metropolitan transportation system and make efficient use of existing transportation
facilities, indicates proposed transportation enhancement activities; and in ozone/carbon monoxide nonattainment areas
is coordinated with the State Implementation Plan, all as required by 23 USC Section 134(g), 23 CFR Section 450.322,
Section 339.175(6), Florida Statutes.
"Metropolitan Area" means and refers to the planning area as delineated by the MPO for the urbanized area
containing at least a population of 50,000 as described in 23 USC Section 134(b)(1) and Section 339.175, Florida
Statutes, which shall be subject to the MPO.
"MPO" means and refers to the metropolitan planning organization formed pursuant to this Agreement.
"Transportation Improvement Program (TIP)" is the transportation document which includes the following
components: a priority list of projects and project phases; a list of projects proposed for funding; a financial plan
demonstrating how the TIP can be implemented; a listing of group projects; an indication of whether the projects and
project phases are consistent with applicable local government comprehensive plans adopted pursuant to Section
163.3161 et seq., Florida Statutes; and an indication of how improvements are consistent, to the maximum extent
facilities, with affected seaport and airport master plans and with public transit development plans of the units of local
government located within the boundaries of the MPO, all as. required by 23 USC Section 134(h), 23 CFR Section
450.324, Section 339.175(7);, Florida Statutes.
"Unified Planning Work Program (UPWP)" is the annual plan developed in cooperation with the Department
and public transportation providers, that lists all planning tasks to be undertaken during a program year, t6gether with a
complete description thereof and an estimated budget, all as required by 23 CFR Section 450.314, Section 339.175(8),
Florida Statutes.
ARTICLE 2
PURPOSE
Section 2.01. General Purpose. The purpose of this Agreement is to establish the MPO:
(a) To assist in the development of transportation systems embracing various modes of transportation in a
manner that will maximize the mobility of people and goods within and through this metropolitan area of this state and
minimize, to the maximum extent feasible for transportation-related fuel consumption and air pollution;
(b) To develop transportation plans and programs, in cooperation with the Department, which plans and
programs provide for the development of transportation facilities that will function as multi-modal and an intermodal
transportation system for the metropolitan area;
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(c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning
process that results in coordinated plans and programs consistent with the comprehensively planned development of this
affected metropolitan area in cooperation with the Department;
(d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 USC
Section 134 and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act [49 USC app. Subsection 1603(a), 1604(g)(1),
and 1607]; and
(e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as
required by 23 USC Section 134 and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act [49 USC app. Subsection
1603(a), 1604(g)(1), and 1607]; 23 CFR, Parts 420 and 450 and 49 CFR Part 613, Subpart A: and consistent with
Chapter 339, Florida Statutes, and other applicable state and local laws.
Section 2.02. Major MPO Responsibilities. The MPO is intended to be a forum for cooperative
decision making by officials of the governmental entities which are party to this Agreement in the development of
transportation-related plans and programs, including but not limited to:
(a) The long range transportation plan;
(b) The Transportation Improvement Program;
(c) The Unified Planning Work Program;
(d) A congestion management system for the met.ropolitan area as required by state or federal law;
(e) Assisting the Department in mapping transportation planning boundaries required by state or federal
law;
(f) Assisting the Department in performing its duties relating to access management, functional
classification of roads, and data collection; and
(g) Performing such other tasks presently or hereafter required by state or federal law.
Section 2.03. MPO decisions coordinated with FDOT and consistent with comprehensive plans.
Chapter 334, Florida Statutes, grants the broad authority for the Department's role in transportation. Section 334.044,
Florida Statutes, shows the legislative intent that the Department shall be responsible for coordinating the planning of a
safe, viable and balanced state transportation system serving all regions of the State. Section 339.155, Florida Statutes,
requires the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible,
strategic regional policy plans, MPO plans, and approved local government comprehensive plans. Section 339.175,
Florida Statutes, specifies the authority and responsibility of the MPO and the Department in the management of a
continuing, cooperative, and comprehensive transportation planning process for the metropolitan area.
In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339,
Florida Statutes, the Department and all parties to this Agreement acknowledge that the provisions of the Local
Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161-3215, Florida
Statutes, are applicable to this Agreement. The parties to this Agreement shall take particular care that the planning
processes and planning integrity of local governments as set forth in aforementioned law shall not be infringed upon.
ARTICLE 3
MPO ORGANIZATION AND CREATION
Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the
membership apportionment plan approved by the Governor is hereby created and established pursuant to the
Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this metropolitan
planning organization shall be Palm Beach Metropolitan Planning Organization.
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Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum, approval,
permit, notice, other proceeding or authorization is required under applicable law to undertake any power, duty, or
responsibility hereunder, or to observe, assume, or carry out any of the provisions of this Agreement, the MPO will, to
the extent of its legal capacity, comply with all applicable laws and requirements.
Section 3.03. Governing board to act as policy-making body of MPO. The governing board
established pursuant to Section 4.01 of this Agreement shall be the policy-making body forum of the MPO responsible
for cooperative decision-making of actions taken by the MPO. The Governing Board is the policy-malting body that is
the forum for cooperative decision-making and will be taking the required approval action as the MPO.
Section 3.04. Submission of proceedings: Contracts and other documents. Subject to requirements
of confidentiality of public records under Florida law and the right to claim an exemption from the Florida Public
Records Law, Chapter 119, Florida Statutes, the MPO shall submit to the Department such data, reports, records,
contracts, and other documents relating to its performance as a metropolitan planning organization as the Department
may require..The MPO shall have a right to charge responsible charges for reproduction of public records as permitted
by Chapter 119, Florida Statutes.
Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal funding
agency (i.e., FHWA, FEDERAL TRANSIT ACT, and FAA) shall have the rights of technical review and comment of
MPO projects.
ARTICLE 4
COMPOSITION: MEMBERSHIP~ TERMS OF OFFICE
Section 4.01. Composition and membership of governing board.
(a) The membership of the MPO shall consist of eighteen (18) voting representatives and one (1) non-
voting representative. 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:
Jurisdiction Members
Palm Beach County 6 (including a member of a statutorily authorized planning
board)
Belle Glade 1
Boca Raton 2
Boynton Beach 1
Delray Beach 1
Jupiter 1
Lake Worth 1
Palm Beach Gardens 1
Riviera Beach 1
West Palm Beach 2
Port of Palm Beach 1
Florida Department of Transportation 1 (non-voting)
(b) All voting representatives shall be elected officials of general purpose local governments, except to
the extent that the MPO includes, as part of its apportioned voting membership, a member of a statutorily authorized
planning board or an official of an agency that operates or administers a major mode of transportation. All individuals
acting as a representative of the governing board of the county, the city, or authority shall first be selected by said
governing board.
(c) In no event shall the county commission representatives constitute less than one-third of the total
number of representatives on the MPO.
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(d) In the event that a governmental entity that is a member of the MPO fails to fill an assigned
appointment to the MPO within sixty (60) days after notification by the Governor of its duty to appoint a
representative, that appointment shall be made by the Governor from the eligible individuals of that governmemal
entity.
Section 4.02. Terms. The term of office of members of the MPO shall be four (4) years. The
membership of a member who is a public official automatically terminates upon said official leaving the elective or
appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental
entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be
appointed for one or more additional four (4) year terms.
ARTICLE 5
AUTHORITIES. POWERS. DUTIES AND RESPONSIBILITIES
Section 5.01. General authori _ry. The MPO shall have all authorities, powers and duties, enjoy
all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or appropriate
to managing a cominuing, cooperative, and comprehensive transportation planning process as specified in Section
339.175(4) and (5), Florida Statutes.
Section 5.02. Specific authority and powers. The MPO shall have the following powers and
authority:
(a) As provided in Section 339.175(5)(g), Florida Statutes, the MPO may employ personnel and/or
may enter into contracts with local or state agencies and private planning or engineering firms to utilize the staff
resources of local and/or state agencies;
(b) As provided in Section 163.01(14), Florida Statutes, the MPO may enter into contracts for the
performance of service functions of public agencies;
(c) As provided in Section 163.01(5)(j), Florida Statutes, the MPO may acquire, own, operate,
maintain, sell, or lease real and personal property;
(d) As provided in Section 163.01(5)(m), Florida Statutes, the MPO may accept funds, grams,
assistance, gifts or bequests from local, State, and Federal resources;
(e) The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations
enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rules and
regulations; and]
' (f) The MPO shall have such powers and authority as specifically provided in Sections 163.01 and
339.175, Florida Statutes, and as my otherwise be provided by federal or state law.
Section 5.03. Duties and responsibilities. The MPO shall have the following duties and
responsibilities:
(a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO shall create and appoint a
technical advisory committee;
(b) As provided in Section 339.175(5)(e), Florida Statutes, the MPO shall create and appoint a
citizens' advisory committee;
(c) As provided in Section 163.01(5)(o), Florida Statutes, the MPO membership shall be jointly
and severally liable for liabilities, and the MPO may respond to such liabilities through the purchase of insurance or
bonds, the retention of legal counsel, and, as appropriate, the approval of settlements of claims by its governing board;
(d) As provided in Section 339.175(8), Florida Statutes, the MPO shall establish a budget which
shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program;
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(e) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation
planning process as required by 23 CFR, Part 420 and 450 and 49 CFR Part 613, Subpart A, and consistent with
Chapter 339, Florida Statutes, and other applicable state and local laws;
(f) As provided in Section 339.175(9)(a), Florida Statutes, the MPO shall enter into agreements
with the Department, operators of public transportation systems and the metropolitan and regional intergovernmental
coordination and review agencies serving the metropolitan area. These agreements will prescribe the cooperative
manner in which the transportation planning process will be coordinated and included in the comprehensively planned
development of the area;
(g) Prepare the Long-Range Transportation Plan;
(h) In cooperation with the Department, prepare the Transportation Improvement Program;
(i) In cooperation with the Department, prepare and annually update the Unified Planning Work
Program;
(j) Prepare a congestion management ~stem for the metropolitan area;
(k) Assist the Department in mapping transportation planning boundaries required by state or
federal law;
(1) Assist the Department in performing its duties relating to access management, functional
classification of roads, and data collection;
(m) Perform such other tasks presently or hereafter required by state or federal law;
(n) Execute certifications and agreements necessary to comply with state or federal law; and
(o) Adopt operating rules and procedures.
ARTICLE 6
FUNDING; INVENTORY REPORT; RECORD-KEEPING
Section 6.01. Funding. The Department shall allocate to the MPO for its performance of its
transportation planning and programming duties, an appropriate amount of federal transportation planning funds.
Section 6.02. Inventow report. The MPO agrees to inventory, to maintain records of and to
insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuam to funding under this
Agreement. This shall be done in accordance with the requirements of 23 CFR Part 420, Subpart A, 49 CFR Part 18,
Subpart C, and all other applicable federal regulations.
Section 6.03. Record-keeping and document retention. The Department and the MPO shall prepare
and retain all records in accordance with the federal and state requirements, including but not limited to 23 CFR Part
420, Subpart A, 49 CFR Part 18d, Subpart C, 49 CFR Section 18.42, and Chapter 119, Florida Statutes.
ARTICLE 7
MISCELLANEOUS PROVISION
Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Agreement
shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In
addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by
· law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or
any legal or administrative entity created or authorized by this Agreement, in which case this performance may be
offered in satisfaction of the obligation or responsibility.
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Section 7.02. Amendment of Agreement. Amendments or modificatibns of this Agreement may
only be made by written agreement signed by all parties here to with the same formalities as the original Agreement.
No amendment may alter the apportionment or jurisdictional boundaries of the MPO without approval by the
Governor.
Section 7.03. Duration; withdrawal procedure.
(a) Duration. This Agreement shall remain in effect until terminated by the parties to this
Agreement; provided, however, that by no later than June 30, 2002 and at least every five (5) years thereafter, the
Governor shall examine the composition of the MPO membership and reapportion it as necessary to comply with
Section 339.175(2), Florida Statutes, as appropriate. During examination of the MPO apportionment every five (5)
years by the Governor, this Agreement shall be reviewed by the MPO and the Department to confirm the validity of
the contents and to recommend amendments, if any, that are required.
(b) Withdrawal procedure. Any party, except Palm Beach County and the United States Bureau
of the Census designated center city(ies), may withdraw from this Agreement after presenting in written form a notice
of intent to withdrawal to the other parties to this Agreement and the MPO, at least ninety (90) days prior to the
intended date of withdrawal. Upon receipt of the intended notice of withdrawal:
(1) The withdrawing member and the MPO shall execute a memorandum reflecting the withdrawal
of the member and alteration of the list of member governments that are signatories to this Agreement. The
memorandum shall be filed in the Office of the Clerk of the Circuit Court of each county in which a party hereto is
located; and
(2) The Office of the Governor shall be contacted, and the Governor, with the agreement of the
remaining members of the MPO, shall determine whether any reapportionment of the membership shall be appropriate.
The Governor and the MPO shall review the previous MPO designation, applicable Florida and local law, and MPO
rules for appropriate revision. In the event that another entity is to accorded membership in the place of the member
withdrawing from the MPO, the parties acknowledge that pursuant to 23 CFR Section 450.306(k), adding membership
to the MPO does not automatically require redesignation of the MPO. In the event that a party who is not a signatory
to this Agreement is accorded membership on the MPO, membership shall not become effective until this Agreement is
amended to reflect that the new member has joined the MPO.
Section 7.04. Notices. All notices, demands and correspondence required or provided for under
this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid, return
receipt requested. Notice required to be given shall be addressed as follows:
Palm Beach County City of Belle Glade
Post Office Box 1898 110 Southwest Avenue "E"
West Palm Beach, FL 33402-1989 Belle Glade, FL 33430
City of Boca Raton City of Boynton Beach
201 West Palmetto Park Road 100 East Boynton Beach Boulevard
Boca Raton, FL 33432 Boynton Beach, FL 33435
City of Delray Beach Town of Jupiter
100 Northwest First Avenue 210 Military Trail
Delray Beach, FL 33444 Jupiter, FL 33458
City of Lake Worth City of Palm Beach Gardens
7 North Dixie Highway 10500 North Military Trail
Lake Worth, FL 33460 Palm Beach Gardens, FL 33410
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City of Riviera Beach City of West Palm Beach
· 600 West Blue Heron Boulevard Post Office Box 3366
Riviera Beach, FL 33404 West Palm Beach, FL 33402-3366
Port of Palm Beach Florida Department of Transportation - Dist. IV
Post Office Box 9935 3400 West Commercial Boulevard
Riviera Beach, FL 33419-9935 Fort Lauderdale, FL 33309-3421
A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in
this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the
new address.
Section 7.05. Interpretation.
(a) Drafters of Agreement. The Department and the members of the MPO were each
represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this
Agreement and in choice of wording. Consequently, no provision hereof should be more strongly construed against
any party as drafter of this Agreement.
(b) Severability. Invalidation of any one of the provisions of this Agreement or any part,
clause or word hereof, or the application thereof in specific circumstances, by judgement, court order, or
administrative hearing or order shall not affect any other provisions' or applications in other circumstances, all of which
shall remain in full force and effect; provided, that such remainder would then continue to conform to the terms and
requirements of applicable law.
(c) Rules of construction. In interpreting this Agreement, the following rules of construction
shall apply unless the context indicates otherwise:
(1) The singular.of any word or term includes the plural;
(2) The masculine gender includes the feminine gender; and
(3) The word "shall" is mandatory, and "may" is permissive.
Section 7.06. Enforcement by parties hereto. In the event of any judicial or administrative action
to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's fees in connection
with such proceeding.
Section 7.07. Agreement execution; Use of counterpart signature pages. This Agreement, and any
amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be
deemed to be an original, and such counterparts together shall constitute one and the same instrument.
Section 7.08. Effective date; Cost of recordation.
(a) Effective date. This Agreement shall become effective upon its filing in the Office of the
Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become
effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is
located. ·
(b) Recordation. The Florida Department of Transportation hereby agrees to pay for any costs
of recordation or filing of this Agreement in the Office of the Circuit Court for each county in which a party is hereto
located. The recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing in its
records.
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IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf
of the referenced legal entities and hereby establish the above designated MPO.
Signed, Sealed and Delivered in the presence of:
BOARD OF COUNTY COMMISSIONERS TOWN OF JUPITER
OF PALM BEACH COUNTY, FLORIDA
BY: BY:
CHAIRMAN MAYOR
ATTEST: ATTEST:
DEPUTY CLERK CLERK
CITY OF BELLE GLADE CITY OF LAKE WORTH
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BOCA RATON CITY OF PALM BEACH GARDENS
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BOYNTON BEACH CITY OF RIVIERA BEACH
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF DELRAY BEACH CITY OF WEST PALM BEACH
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
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PORT OF PALM BEACH
BY:
CHAIR
ATTEST:
EXECUTIVE DIRECTOR
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
DISTRICT SECRETARY
ATTEST:
EXECUTIVE SECRETARY
Approved as to Form:
Florida Department of Transportation
BY:
ATTORNEY
SAMPLE
A RESOLUTION OF THE MUNICIPALITY. FLORIDA. APPROVING EXECUTION OF AN
INTERLOCAL AGREEMENT TO EXPAND MEMBERSHIP OF TIlE METROPOLITAN
PLANNING ORGANIZATION TO INCLUDE AN ADDITIONAL VOTING
REPRESENTATIVE FOR PALM BEACI! COUNTY.
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)
and Chapter 339.175. Florida Statutes, call for metropolitan planning organizations to perform
transportation planning in urban areas; and
WHEREAS, Chapter 339.175, F.S.. ~ets forth the requirements for creation of the
MPO through an Interlocal Agreement and identifies the membership and designation process
by the Governor's Office; and
WHEREAS, the Metropolitan Planning Organization of Palm Beach County proposes
to expand its membership to provide an additional voting representative for Palm Beach County
from a stamtorily authorized planning board; and
WHEREAS. the Governor has approved the addition of another voting member for
Palm Beach County.
NOW~ TIIEREFORE. BE IT RESOLVED BY TIlE MUNICIPALITY. FLORIDA
TIIAT;
I. The expansion of the membership of the Metropolitan Planning Organization
of Pahn Beach County to include an additional w)ting representative for Palm
Beach County is accepted.
2. The Interlocal Agreement creating the MPO and identifying the membership
is approved.
The foregoing Resolution was offered by who moved its
adoption. The motion was seconded by , and upon
being put to a vote the motion was passed. The Chairman thereupon declared the Resolution
duly adopted this day of , 1997.
MUNICIPALITY, FLORIDA
BY:
Mayor
ATTEST:
Municipal Clerk
Approved as to Form and Legal
Sufficiency
Municipal Attorney