Res 40-85 RESOLUTION NO. 40-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF THE
PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL;
PROVIDING THAT THE CITY OF DELRAY BEACH SHALL PARTICI-
PATE AS AN EQUAL MEMBER OF THE COUNCIL; ADOPTING THE
PROVISIONS OF THE INTERLOCAL AGREEMENT BETWEEN THE
CITY OF DELRAY BEACH AND ALL OTHER MEMBERS OF THE
PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL;
DIRECTING .THE CITY CLERK TO PROVIDE COPIES OF THIS
RESOLUTION TO THE PALM BEACH COUNTY BEACH EROSION
CONTROL COORDINATOR.
WHEREAS, the City of Delray Beach recognizes the need for coordinated
protection, preservation and/or enhancement of the beaches and shores along the
Atlantic Ocean in Palm Beach County; and,
WHEREAS, the City of Delray Beach desires to become an equal member in the
council which is to be a forum for information exchange and cooperative effort to assist
those jurisdictions which have jurisdiction over the land fronting on the Atlantic Ocean,
in fulfilling interests of beach and shore protection, preservation and/or enhancement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach shall support the establishment of
the Palm Beach Countywide Beaches and Shores Council as follows:
A. The City of Delray Beach shall execute the Interlocal Governmental
Agreement which establishes the Palm Beach Countywide 'Beaches and Shores Council.
B. The terms.-and conditions of the Interlocal Governmental Agreement which
is' attached hereto shall be incorporated herein.
C. The City of Delray Beach shall participate as an equal member on the
Palm Beach Countywide Beaches and Shores Council and shall be entitled to our rights
arising therefrom.
Section 2. That the City Clerk is hereby directed to furnish a copy of this
Resolution to the Palm Beach County Beach Erosion Control Coordinator.
PASSED AND ADOPTED in regular session this _~ day of Flay ,
1985.
ATTEST:
City, Clerk
INTERLOCAL AGREEMENT
(Palm Beach Countywide Beaches and Shores Council)
THIS counterpart INTERLOCAL AGREEMENT, made and entered into
this day of , 198 , by the Undersigned
Participant (either Pal~ Beach County, an inlet/special district,
the two environmental bodies, a coastal municipality or the
Municipal League of Palm Beach County), with each and every other
Signatory Participant (Palm Beach County,'inlet/special districts,
the two environmental bodies, coastal municipalities and/or
the Municipal League of Palm Beach County);
WI TNES SETH~
WHEREAS, the Parties hereto recognize the need for coordin-
ated protection, preservation and/or enhancement of the beaches
and shores alon~ 'the Atlantic Ocean in Palm Beach County; and
WHEREAS, the Parties hereto desire to establish a Council to
be a forum for information exchange and cooperative effort
to assist the Undersigned Participant and each other Signatory
Participant in fulfilling interests of beach and shore
protection, Preservation and/or enhancement;
NOW, THEREFORE, in consideration of the premises and in
consideration of the mutual agreements, terms and conditions
hereinafter set forth, the Parties hereto (Undersigned Partici-
pant and other Signatory Participants) hereby mutually agree as
follows:
1. PREDICATE. The predicates for this Agreement are as
follows:
A. The above recitals are true and shall remain true.
B. A forum is needed for information exchange and
cooperative effort to protect, preserve and/or enhance Atlantic
Ocean beaches and shores in Palm Beach County. The following
reasons and/or benefits are contemplated:
(1) This is a logical First Step. Local
governments are concerned about turning over policy making
decisions and power to tax and enforce those policies. It
is considered premature to force establishment of a specific
inflexible policy supported by taxing authority and perhaps
another layer of governmental control, somewhat or far
removed from the local level directly affected. Other
efforts attempting initially to go far beyond such a First
Step and attempting to establish a defined policy with
taxing authority and governmental control have failed.
(2) Increased communication will increase
awareness and knowledge, and will increase trust and cooperation.
(3) Various interests will have a fair oppor-
tunity to be heard.
(4) Dialogue and persuasion will hopefully
result in legitimate reasonable projects and/or actions.
(5) Projects contemplated by different
proponents, and the effects of those projects, the timing of
them, and the contracting for them might all be coordinated
so as to unify permitting, processes and/or contracting and
perhaps reduce overall costs.
(6) New methods of erosion control, storm
protection, beach nourishment and preservation might be
discussed and the information widely disseminated.
(7) Better overall working relationships
between the governments and interested parties would be
obtained.
2. AUTHORITY FOR INTERLOCAL AGREEMENT. By entering into
this Agreement,..each of the parties respectively represents
that it has full,right and lawful authority to.enter into and
perform this Agreement, and that is has fully considered,
found and determined entering into and performing this
Agreement to be in its best interests and the best interests
of its constituency. The Parties represent and agree they
are entering into this Agreement in pursuance of Part I,
Chapter 163, Florida Statutes and/or their inherent power.
3. PURPOSE. The purpose of this Agreement is to establish
and provide for the Palm Beach Countywide Beaches and Shores
Council designed to be a fOrum for information exchange and
cooperative effort toward.the end of protecting, preserving
and/or enhancing beaches and shores along the Atlantic Ocean
in Palm Beach County.
4. DEFINITIONS. Words and phrases shall have their
ordinary meaning in the construction and interpretation of this
Agreement, except that words' or phrases defined and/or used
in Section 163.01(3), Florida Statutes, shall control.
5. ESTABLISHMENT OF THE COUNCIL. The Parties agree
there is hereby established the PALM BEACH COUNTYWIDE BEACHES
AND SHORES COUNCIL (Council) upon the following terms and
conditions:
A. Council Purpose. The purpose of the Council
shall be to provide a forum for information exchange and
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cooperative effort toward the end of protecting, preserving
and/or enhancing beaches and shores along the Atlantic Ocean
in Palm Beach County.
B. Council Membership. The Undersigned Participant
and each Signatory Participant shall be an equal member on the
Council, each such Party having one (1) seat on the Council and
designating one (1) delegate, and such alternates as it
deems proper, to represent it on the Council. Only the following
may be Parties to this Agreement and have a seat on the Council:
(1) Palm Beach County;
(2) Each inlet or special taxing district
having jurisdiction over land fronting on the Atlantic Ocean
in Palm Beach County (Jupiter Inlet District, Port of Palm
Beach District, South Lake Worth Inlet District and The Greater
Boca Raton Beach Tax District);
(3) Two environmental bodies expressly concerned
with the Atlantic Ocean beaches and shores in Palm Beach County
(Audubon Society and Coral Reef Society International, Inc.);
(4) Each Palm Beach County coastal municipality,
being a municipality which owns land fronting on the Atlantic
Ocean or which otherwise has jurisdiction over land fronting
on the Atlantic Ocean; and
(5) Municipal League of Palm Beach County.
If the Council undertakes consideration of actions
or projects directly involving other municipalities, then the
Council should consider inviting such municipalities to membership.
C. Council Meetings. Council Meetings shall be
regularly scheduled monthly and more frequently as appropriate.
The meeting place shall be in Palm' Beach County and shall be
furnished by Palm Beach County or selected or designated as
the Council may otherwise choose.
D. Council Organization. The Council shall have three
officers, a Chairman, a First Vice Chairman and a Second Vice
Chairman. Annually from among its members at its regular January
meeting, the Council shall select its officers. The Chairman
shall conduct meetings and otherwise represent the Council. In
the absence or unavailability of the Chairman, the First Vice
Chairman shall fill the office of Chairman; and in the absence
or unavailability of both the Chairman and First Vice Chairman,.
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the Second Vice Chairman shall fill the office of Chairman. The
Second Vice Chairman shall be responsible to notice meetings,
prepare minutes of meetings and correspondence, maintain records
and otherwise perform duties and functions appropriate to the
office of executive secretary. Vacancies in such offices shall
be filled from the membership, by the members.
E. Rules, R~gulations and Procedures. The Council
shall establish its own rules, regulations and procedures.
Six Council members and one officer attending a meeting shall
constitute a quorum for the conduct of such meeting. Votes
may not be cast by proxy.
F. Administrative and Professional Support. Each
Party shall supply its own administrative and/or professional
support as it deems necessary or appropriate, if any. Adminis-
trative support for the Council shall be furnished by Palm Beach
County, or otherwise as the Council shall determine.
G. Council Agenda. The Agenda for regular Council
meetings shall include the following:
(1) Roll call of members.
(2) Approval of minutes of Council meetings..
(3) Reports and/or presentations concerning
methods, facilities, devices and concepts for beach and shore
protection, preservation and/or enhancement.
(4) Consideration of projects and actions.
(5) Public comments.
6. PROJECTS AND ACTIONS. Ail projects and/or actions in-
volving any beach or shore located in Palm Beach County on the
Atlantic Ocean seaward of the coastal construction control line
(including beach and/or shore erosion control projects, sand
transfer projects, dredginq and other beach and/or shore erosion,
maintenance or protection, preservation and/or enhancement
projects and/or actions) shall be a subject of Council considera-
tion.
A. Considering Projects Prior to Permit Application.
Prior to such project being approved, authorized or sanctioned by
any Party hereto, or such a project being permitted by the appro-
priate permitting authority, each Party to this Agreement agrees
to raise for Council consideration each such project involving
beaches or shores within its jurisdiction for which its approval
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will be needed or about which it has concerns. Each project
shall be conceptually considered to the extent necessary for the
Council members to determine the merit of each project and
express comment and/or recommendation. The Council may, after
consideration and upon vote of its members, take a position in
favor of or against any project, and such position may be with
or without comment and/or recommendation.
B. Permitting Projects. The Council shall have.
absolutely no permit authority over any project.
C. Monitoring Projects. The Council shall monitor
projects in progress to'the extent it deems necessary or ap-
propriate.
D. Recommending Actions for Projects The Council
may consider .-and recommend actions or projects.
E. Palm Beach County Support. As a Signatory Party,
Palm Beach County expresses it might only support projects
favorably considered and recommended by the Council; and pro- ·
jects not receiving favorable Council consideration, comment or
recommendation might not be County funded or sponsored.
F. Council Action, Comment or Recommendation. Council
action, comment or recommendation shall not bind any project
proponent and shall not limit, restrict or bind any Council
member from taking or not taking any action or from making a
comment or recommendation'either in favor of or opposing any
project in any manner whatsoever.
7. EACH PARTY TO BEAR OWN COSTS AND EXPENSES. No Party
to this Agreement shall charge another under this Agreement for
any service or action whatsoever, nor shall there be reim-
bursement or liability from one Party to another for any loss or
damage of any kind whatsoever re~ulting from any actions, comment
or recommendation related to this Agreement.
8. AMENDMENT, MODIFICATION, TERMINATION AND NOTIFICATION.
This Agreement may. be amended or modified by written addendum only,
effective upon the joinder of all Parties hereto at the time of
the proposed amendment or modification. This Agreement shall
terminate upon the agreement of all Parties hereto or upon the
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withdrawal of all but six (6) Signatory Participants to this
Agreement. All parties to this Agreement shall be notified
by the Council Second Vice Chairman upon the joinder or
termination of each signatory to this Agreement.
9. EXECUTION AND WITHDRAWAL BY RESOLUTION. The Parties
hereto shall join and execute this Ageement by the adoption of a
formal resolution of the governing body of each such Party, which
incorporates the terms of this Agreement and attaches a copy
thereto. The Parties hereto may withdraw only by adoption of a
formal resolution after six (6) months prior notice.
10. EFFECTIVE DATE; TERM. The effective date of this
Agreement shall be upon its execution by seven (7) Parties. The
term of this Agreement shall be perpetual, or until such time as
the purpose of this Agreement has been fulfilled, or when, because
of withdrawal, there are fewer than seven (7) Parties hereto.
IN WITNESS WHEREOF, the Undersigned Party has hereunto set
its hand and seal to this counterpart of the Interlocal Agreement
on the day and year written above.
Title:
Attest:
Ti'tle:
(SEAL)
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