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Res 28-77 RESOLUTION NO. 28-77. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY'S EXECUTION OF AN INTERLOCAL AGREEMENT UNDER FLORIDA STATUTES 163.01 CREATING THE METROPOLITAN PLANNING ORGANIZATION FOR THE WEST PALM BEACH URBAN STUDY AREA, SUBJECT TO SAID AUTHORIZATION NOT CREATING ANY FINANCIAL OBLIGATION ON THE CIT~ OF DELRAY BEACH TO FUND THE METROPOLITAN PLANNING ORGANIZATION. WHEREAS, the Federal Highway Administration and the Urban Mass Transportation Administration of the U.S. Department of Transportation have issued joint federal regulations to implement Title 23 U.S.C. and Title 49 U.S.C., respectively; and, WHEREAS, these federal regulations are contained in the Federal Register, Volume 40, No. 181,dated Wednesday, September 17, 1975; and, WHEREAS, the purpose of these regulations is to create Metropolitan Planning Organizations within urban areas of more than 50,000 population in each state, including the contiguous areas with a population of 1,000 or more people per square mile, such area to be described as the urbanized area, (urban-in-fact); and, such additional contiguous area expected to be urbanized by the Year 2000; the total of these to be known as the Urban Study Area; the function of the MPO being to accomplish the transportation planning and programming within the guidelines of applicable Federal, State, Local laws, rules and regulations; and, WHEREAS, the Governor of the State is required to designate those principal elected officials of general purpose local government and other elected or appointed officials who, by state or local law or regulation, have the authority to plan and/or implement transportation facilities; and, WHEREAS, the City Council of the City of Delray Beach, has been informed that (a) member (s) of this body has (have) been designated by the Governor to serve at his pleasure on the Metropolitan Planning O~ganization for the West Palm Beach Urban Study Area and that the future availability of Federal Aid Highway Funds and Urban Mass TransPortation Grants for capital improvements and operations are con- tingent upon a properly constituted MPO, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council does concur in the Interlocal Agreement creating the Metropolitan Planning Organization under Florida Statute 163.01 and agrees to be a member in conformance with the terms of such Agreement. · Section 2. That the City Council. of the City of Delray Beach does authorize any duly elected member (s) of this body to serve on the West Palm Beach Urban Area MPO When designated by the Governor of this State ann to serve at the pleasure of the Governor and authorizes the Mayor of the City of Delray Beach to execute said Interlocal MPO Agreement on behalf of this body. Copy of which is attached hereto and made a part thereof. Section 3. That the City Council of the City of Delray Beach authorizes the MPO to undertake the transportation planning and programming contemplated by the Interlocal Agreement. Such plans or ~rograms developed by the MPO shall be effective within the West Palm Beach Urban Study_-Area when adopted by formal resolution of the MPO. Section 4. That the City Council's authorization for the City of Delray Beach to be a party to the attached Interlocal Agreement is expressly contingent upon the understanding that the City of Delray 'Beach will not be financially obligated in any way to provide funding to the Metropolitan Planning Organization. The City of Delray Beach's authorization and participation in the Metropolitan Planning Organization is subject to this condition. PASSED AND ADOPTED in regular session on this 23r~ day of May, 1977. ATTEST: City Clerk. - 2 - Res. No. 28-77. "" i! INTERLOCAL AGREEMENT h ' TltlS INTERLOCAL AGREEMENT, effective on the date herein specifie¢ below, by and between the Board of County Commissioners of Palm Beach County, I: City of West Palm Beach, City of Boca Raton, City of Delray Beach, City of i, Boynton Beach, and the Florida Department of Transportation, creates and · llestablishes a METROPOLITAN PLANNING ORGANIZATION (MPO) for the WEST PALM BEACH t~ uRBAN SIUD~ AREA, hereinafter called the M?O; · I' ~' WI TNESSE~H: ,, WHERE^S, the parties to this Interlocal ^greement desire to ~participate'cooperatively as an MPO in the performance on a continuing basis · i! of a coordinated, comprehensive transportation planning process to assure that : I~highway facilities, mass transit, rail systems, air transportation and other '-' facilities will be ·properly located, and developed in relation ~to the o~'eral · plan of development; and .. ' . ' '" I WHEREAS, the Federal GOvernment, under the authority of 23 ... U.S.C. 13~ and Sections 3(a)(2), 4(a), 5(g)(1), and 5(1) of the Urban Mass · " Tra. nsporta'tion Act of 1964, as amended (49 U.S.C. 1602(a)(2), 1603(a) and 1604(g)1 and (1)), requires that each urbanized area, as a condition to the -:" 'l!receipt'°f federal capital or oPerating assistance, having'a continuing, · .l~cooperat~ve, and comprehensive transportation planning process that results in · .plans and progra'ms consistent with the comprehensively planned development of . the urbanized area, and stipulates that the State and the Metropolitan Planning · Organization shall enter into an agreement clearly identifying the responsi- bilities for cooperatively carrying out such transportati,or! planning; and · WHEREAS, Rules of 'the Federal Highway Administration an~ the Urban Mass Transportation Administration, published in Volume 40 of the Federal · tlRegis~er No. 181, Pages 42976 to 42984, SePtember 17, 1975 (hereinafter called !i ' the Rules),' p.rovide for the designation of Metropolitan Planning Organizations i bY the Governor. ,. NOW THEREFORE, in consideration of the mutual covenants, promises i t~and representations herein the parties hereto do hereby establish a Metropolitan ~fPlanning Organization and agree as follows: ~ 1. O0 'Pu_~jZ_os (_: The purpose of this Interlocal Agreement is to assure eligi ;ility for the receipt of federal capital and operating assistance pursuant to 23 U.S.C. 134 and Sections 3(a)(2),'4(a), 5(g)(1), and 5(a) of the Urban Mass Transpor- tation Act of 1964, as amended [49 U.S.C. 1602 (a)(2), 1603(a), and 1604(g)(l) · and (1)], and to implement and ensure a continuing, cooperative, and comprehen- !isive transportation planning process that results in .coordinated plans and jlprograms c~nsistent with the comprehensively planned development of the affected ji urban study area' in cooperation with the Sl~ate of Florida Department of Trans- Jlportation (hereinafter called the Department). ' J! · Chapter 334, Florida Statutes, grants 'the broad ao'tJlo~ity"fOr the~ J)epartmeht's role in transportation. Sec'tion 334.02(5), Florida Statutes, ~, evidences the legislative intent that the Department be the CuStodian of the State highway and transportation systems and be given sufficiently broad .authority to function adequately and efficiently in all areas of appropriate ~ i!3u'risdiction. Section 334'.211(2), Florida Statutes, requires the Department to ]develop; comprehensive plans, in conjunction with local governmental bodies and ,;regional planning agencies, for all ~tandard metropolitan statistical areas. I " 'ii In fulfillment of this purpose and the exercise of the various ' ilpm,~ers granted by 'Chapter 334, Florida Statutes, the Department and all parties j · '.i' !jto i~his agreement shall observe all provisions of Section 163.3161-163.3211, the' jlLocal Government Comprehensive Planning Act and its successors, and shall take . ;particular care that the planning processes and planning integrity of local governments as set forth in the Local Government Comprehensive Planning Act and as evidenced by the legislative intent expressed in Secti~)ns 334.02(7), Florida iStatutes, not be infringed upon. J!2.00 The Project " " . lhe'project is defined as the continuing, c~operative, and compre .~ hensive transportation planning process for the West Palm Beach Urban Study Area F'inclu~ling the pro§ramming of transportation improvements for such area. 1' · !'..'t.00 Coordination and ^qreement i J .01 The MPO shall carry ofit transportation planning and programming ! activities as identified in the Agreement between the Department i', and the MPO. t, , 4.00 Powers, Resj~onsibilities and Obligations_ .O1 The MPO shall have all powers, enjoy all rights, privileges, and immunities exercise all responsibilities and perform all obliga- tions as provided in Section 163.01, Florida Statutes, and the Federal Rules and Regulations pertaining to transportation . planning, consistent with State and Local Laws, .including, but not limited to, the following: .02 The MPO shall adopt rules of. procedure and. by-laws to regu. late its affairs and conduct ·its business. .03 The MPO may employ personnel and/or pursuant to contract, it may ' utilize the staff resources of local and/or state agencies. ~04 The MPO shall enter into agreements other than Interlocal Agree- ments, with the Department, operators of public, mass transpor- tation services, and the areawide and regional A-95 agencies which presc'ribe the cooperative manner in whi'ch'the transporta- tion planning process will be accomplished and the manner in which the requirements of OMB Circular A-95 shall be met. .05 The MPO may contract with private planning and engineering firms .06 The MPO may acquire, own,.o~erate, maintain, sell, or lease real and .personal property. .07 The MPO may accept funds, grants, assistance, gifts, or bequeath: from local, state and federal sources. .08 T. he MPO shall establish and adopt a budget which shall operate a mutually acceptable Fiscal Year. The Board of County Commis- sioners agrees, Subject to the availability of funds,' to provide annually not less than the required matching local shar'e for receipt of Federal funding available for planning purposes. The DePartment agrees't.o participate financially and/or with in-kind services within,, the limitations of its resources in the imple- : mentation of the Unified Work Program (UJ~P). .09 The MPO may promulgate rules to effectuate its powers, responsi- bilities, and obligations enumerated herein, provided said rules do no.t supersede or conflict wiLh applicable local and'state laws, rules and regulations. 4.00 Powers Responsibilities and Obligations Continued: .10 The MPO, in cooperation with tile Department shall carry out tile urban transportation planning process as required by Title 23 of the Code of Federal Regulations (CFR), Chapter 1, Part 450, con- sistent with state and local laws. .ll Plans and programs developed.within the framework of the urban transportation planning process may be modified in a manner con- sistent with the procedure establishe~ for initial development. 5.00 Membership .O1 .The Board of County Commissioners of Palm Bea'ch County shall be represented by five (5) members, the City of West~Palm. Beach shall be represented· by two (2) members and the Cities of Boca Raton., Delray Beach, and Boynton Beach, shall be.represented by one {1) member each. lhe afgrementioned members shall be desig- nated by and serve at the Pleasure of the ¢overnor of the State ' of Florida. In addition, there shall be two (2) non-voting mem- 'bets Of the MPO uh~ch shall consist of one {1)-representative of " the Florida Department of Transportation, and (1)the..Dist~ict 4 .Engineer of the Florida Department of Transportation,'all of who[ shall be designated by and serve at the pleasure of the Governor of the State of Florida. ... · ' "Provided:' .. .02 In the event that any of the COmmissions, Boards or Agencies decline to participate in forming the MPO by execution of the Interiocal Agreement or withdraw from the ~greement at ·a futur~ date, the Governor shall designate replacement(s)'from any appropriate entity in the urbanized area. .03 Further, if the performance of a member of the MPO is unsatis- factory to the Governor and he is, therefore, removed from the MPO, the Governor shal~· appoint a replacement from an appropriat( ~'entity in tile ~rbanized area. .04 Where vacancies on the MPO occur for any reason, the Governor n~ay also exercise the option ~f designating no replacement to fill tile vacancies." t 6.00 Pursuant i:o Federal, State, and Local Law ' j . - In the event that any election, re. ferendum, approval, permit, i notice, or other proceeding or authorization 'is requisite under applicab.le law ,: to enable the MPO to undertake the Project hereunder, or to observe, assume I' or carry out any of the provisions of the Agreement, the HPO will, to the extent i of its legal capacity, work towards the accomplishment and fulfillment of said I' needs Ji 7.00 Rights of Review All to the Agreement, the FHWA, and UMTA Shall have the I[. parties · '. rights of policy and technical review and conm-~en~ of MPO projects within the .. ijUrban StudyArea' ''. . - -- ... · . '8.00 Contracts of the MPO .'. : . .. All cOntractual agreements, if involving FHWA, UMTA, and/or · ' ' Department funds, must be appropriately approved by the affected federal agency :' . and the Department.. · ,' . '. "' ExcePt as other~ise authorized in writing by the Department, [i"FH~A' and UMTA, 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 UNTA. Sublbtting of consultants contracts involv,ing ~' -!i funds administe red by FlIWA shall be in acCordance wi th the requirements of.. "ii Paragraph 6b(5)of Volume 4, Chapte r l, Se ct ion 2, Subsection 2, of the , Fede.ral-Aid Highway Program. . '' . ' . ' ' ' · 9.00 Miscellaneous P¢ovisions .O1 ltow Contract Affected by Proviz:ions Being'lteld Invalid · If any provision of the Agreement is held invalid, the .re- mainder of thais Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. .02 State and l'erritorial I.aw Nothin9 in the Agreemnn~ shall require the MPO to observe or enforce compliance wi~;h any provision thereof, perform any other act or do any other thing in con l:raventi on of any applicable state law: Provided, that 'if any of the provisions of tile 9.00 . Miscellaneous Provisions, Continued: ~ .02 State and Territorial I_aw, Continued:' i' Agreement violate any applicable state law, any party will at J once notify the others of such vi~lation in order that appro~ i priate m~difications may be negotiated to the end that the MPO i. may proceed as soon as possible 'with the planning project lilO.O0 Executi.on Agreement of This Interlocal Agreement may be simultaneously exeEutod in I'~several counterparts, each of which so executed shall be deemed to be an ori- Jl ginal, and such counterparts together shall constitute one and the same instru- il-l.O0 Constitutional or Statutory Duties and R. esponsibilities of'the Parties to the AQreement · This Agreement shall' not be c'onstrued to authorize the delegatior of the constitutional or statutory duties of any of the .parties. In addition, t.his Agreement does not relieve any of the parties of an obligation or responsi bili.ty imposed upon them by law except to the extent of actual and timely per- formance thereof by one or more of the parties of this Agreement or any legal o~-administrative·entity created Or authorized by this Agreement, in which case the performance may be offered in. satisfaction of the obligation or responsi- 12.00 ·Duration of .Agreement and Withdrawal PrOCedure " This Agreement shall remain in effect until terminated by the par~ies 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 sixty (60) days prior to the intended date of withdrawal, provided j i financial commitments made prior to withdrawal are effective and binding for J their full term and amount regardless of withdrawal: " " -" Provided, however, 'that in the event that a party loses entire J membership on the MPO due to. the failure by the Governor to designate a replace ! ment member or members, as appropriate from the elected governing body of the effectivJe Ii party, the party shall be deemed to.have withdrawn from this agreement upon tile Governor designating the replacement from other than the elected 2.00 Duration o-f A~.reem.'.'nt and Witl~drawal Proc(!dure Continued: . governing body of the Party, and the sixty (60) day notice of withdrawal shall not apply. . 3.00 Amendment of Agreement Amendments to this Agreement may be initiated by the parties to this Agreement. Amendments shall be adopted by the member agencies to this Agreement and approved by the Department of Legal Affairs pursuant to 'Section 163.01(11), Florida Statutes. l~.O0 Confirmation of Aq]~eement . ..... The Agreement shall be reviewed not less often than annu'ally by the MPO to confirm the validity of the contents and to recommend the type of amendments, if any, that are.required. 5.00 .Agreement Format ~.. .... All words used herein in the singular form shall extend to and include tile plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. IN NITNESS WHEREOF, the undersigned parties have caused this Interlocal Agreement to be duly executed in their'behalf and hereby establish the above designated MPO this day of , 1977. ATTEST: BOARD OF COUNTY COMMISSIONERS JOHN B. DUNKLE, Clerk OF PALM BEACH COUNTY, FLORIDA By .By · Deputy C1 erk Chairman (SEAL) (SEAL) ATTEST: ~ CITY OF BOCA RATON, FLORIOA By By (SEAL) ATTEST: CITY OF DI!LRAY BEACII, FLORIDA By By (SEAL) . · :!. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ',' By By '. (SEAL) " ~ ATTEST: FLORIDA DEPARTMENT OF TRANSPORTATION : By By