Loading...
79-XXRESOLUTION NO. 79~ XX A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING TtTE I~TERLOCAL AGREEMENT ESTABLISHING THE METROPOLITAN PLANNING ORGANIZATION FOR THE URBAN AREb OF PALM. BEACH COUNTY PURSUANT TO FLORIDA STATUTE 334.215; AUTHORiZinG MAYOR TO SAID H -LOCAL f~qEREAS, Florida Statute 334.215, which became effective July 1979 requires the establishment of a Metropolitan Planning Title 23, Chapter Organization in Ur'ban Areas as defined in U.S.C. 1, Section 450; and WHEREAS, the Governor has allocated the MPO voting membership to include the five County Commissioners, two members from the Cit~ of West Palm Beach, one me~ber each from Boca Raton, Boynton Be~ch Delray Beach, Lake Worth and Riviera Beach; and WHEREAS, it is the desire of the City Council to carry out'th~ Planning process in a cooperative manner. BE IT RESOLVED THAT THE CITY COUNCIL OF THE OF BOYNTON BEACH DOES HEREBY: Section 1. Approve the attached agreement ~rban Transportation NOW, THEREFORe, CITY the Mayor to execute the same the Mayor of the City of Boynton Beach the member representing Boynton Beach. serve a two year term as indicated by the F.:S. 334.215. Section 2. Authorize Section 3. Designate to be This member is to applicable Sections of APPROVED AND ADOPTED BY THE CITY COUNCIL OF BOYNTON BEACH, FLORIDA, this 18th day of December, 1979. ATTEST: i~y Clerk (Corporate Seal) Mayor Vice Mayor Council Membe~ -2- INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, ~ffective on the date herein specified below, ~<~ by and between the Board of County Commissioners of Palm Beach County, City of West Palm Beach, City of Boca Raton, City of Delray Beach, City of Boynton Beach, City of Lake Worth, City of RiViera Beach and the Florida Department of Transportation, creates and establishes a METROPOLITAN PLANNING ORGANIZATION (MPO) for the URBAN¥ STUDY AREA, OF PALM BEACH COUNTY, to be known as the ~ETROPOLITAN PLANNING'ORGANIZA, TION QF PALM BEACH COUNTY,_hereinafter called the MPO; WITNESSETH: WHEREAS, Florida Statute 334.215 requires that "there shall be a METROPOLITAN PLANNING ORGANIZATION Nithin each urbanized area where a planning organization is necessary to meet federal requirements for obtaining and expending federal transporta~ tion funds", and provides for the creation, designation and apportionment of Metropoli- tan planning organizations consistent with the federal laws and rules identified below; and WHEREAS, the Governor has designated the'above local jurisdictions and State Departments to be the signatories to an interlocal agreement and allocated the membership for each; and ' WHEREAS, the parties to this Interlocal Agreement desire to participate ~ cooperatively as an MPO in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facitities~ mass ..... transit, rail systems, air trans'portation and other facilities will be properly -located and developed ~n rel'ation to the overall plan of development; an~ WHEREAS, the Federal Government, under the authority of 23 U.S.C. 134 and Section s 3(a)(2), 4(a), 5(g]t ), and 5(1) of the Urban ~ass Transportation Act ~f ]964, as amended (~9 U.S.C. 1602(a](2), 1603(a) and 1604(g)1 and (1)), requires that each urbanized area, as a condition to the. receipt of federal capital or operating assistance, have a continuing, cooperative, and comprehensive transportation planning process that ~for cooperatively carting out such transportation planning; and results in plans .and programs 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 i~entifying the responsibilities WHEREAS, Rules of the Federal Hi§hway Administration and the Urban Transportation Administration, published in Volume 40 of the Federal Register Pages 42976 to 4298~, September 17, 1975 (hereinafter called the Ru~s), provid6 for the designation of Metropolitan Planning Organizations by the GoYernor. ~. NOW THEREFORE, in consideration of the mutual covenants, promises an~ representations herein the pa~ties hereto do hereby establish a Metropol~tan Planning Organi~ation'and agree as follow,s: t.O0 Purpose The purpose of this Interlocal Agreement is to establ~sh'a ~o0, create~ pursnan' to F.S. 334.215 to operate under the provisions of S.163.0I, to assure eligibYl~ty for the receipt of federal cap~tal and operating assistance ~ursuant and Sections 3(a)(2), 6(a), 5(g)(l)~ and 5(1) of the Urban Mass Transt~ortation Act of 1964,. as amended (49 U.S.C. 1602(a)(2), 1603[a), and 1604(§)(1) and implement and eusure a co~ntinuing, cooperative, and comprehensive transportat$o, planning process that results in coordinated plans and programs consisten~ .~th the comprehensively planned development of the affected urban study area in cooperatio~ with the State of Ftoridl Department of Transportation (h~reinafter Oalled the Department). Chapter 334, Florida Statutes, grants the broac~author~ty for the Depar~.~ ment's role in transportation~ Section 336.02(S), Florida Statutes, evidences lhe legislative intent that the Department be the custodian of the State hig~.~ay ~n~- transportatio~ systems and be given sufficiently broad authorfty to function a~equ~te~y and efficiently in all areas of appropriate jurisdiction. Section 336.211(2)> Florida Statutes, requires the Department to develop comprehensive plans~ in con~unct~on -2- local'governmental bodies and regional planning agencies, for all standard metropolitan statistical areas. Section 33q.215, £1orida Statutes, specifies the authority and the responsibilities of the MPO and the department for conducting the continuing, cooperative and comprehensive transportation planning process for the urbanized area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapter 334, Florida Statutes, the Department and all parties to thi~ agreement shall observe ali provisions of Section 16~.3161-163,321t, the Local Govern- merit 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 Sections 334.02[7), Florida Statutes, not be infringed upon. 2.00 - The Project .01 The project is defined as the continuing, cooperative, and comprehensive transportation planning process for the Urban Study Area of Palm Beach County including the programming of transportation improvements for the area within the urban boundary. .02 The geographic scope'of the transportation planning process shall, as a minimum cover the urbanized area of Palm Beach County and the area likely to be urbanized in the period covered by the long-range element of the transportation plan. ~uch Area to be known as the Urban Study Area. 3.00 Coordination and Agreements .O1 There shall be a written agreement between the M?O and the depar~ent clearly establishing a cooperative relationship essential to accomplish the traJ~porta- tion planning requirements of the applicable federal regulations, this section and other controlling state statutes, including S334.02> and SS. 163.3161-163.2211~he Local Government Comprehensive Planning Act. This agreement shall clearly define the procedures for cooperatively carrying out the continuing, cooperative and comprehensive transportation planning process for the urbanized area. .02 The MPO shall execute and maintain an agreement with the metropolitan and ~ regional A-95 agencies serving the u~banized area, said agreement shall describe ~' the means by which activities will be coordinated and specify how transportation planning and programming will be part of the comprehensive planned development'of the urbanized area. ~ '- .03 The MPO shal.1 execute and maintain an agreement ~ith publiclyowned-mperators of mass transportation services which specifies interaction essential to an effective consideration of mass transit usage within the urbanized area. .0~ Federal and state.laws and rules and regulations presently ex~sting or subsequently enacted requiring other agreements shall be i~itiated-by the MPO if ~ req~i~ed to enable it to properly accomplish its functions. ~.00' .Powers, Responsibilities and Obligationq .01 The MPO shall have all ~wers,enjoy all rights~ privileges, and immunit~es~ exercise all responsibilities and perform all obligations as specified in Section 33~.215, Florida Statutes, and incorporated as authorized in Section 163.0.1, 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 authority and responsiblity of the MPO is for the management of a continuing, cooperative and comprehensive transportation planning process that results . . in the development of plans and programs consistent with the comprehensively planned development of the urbanized area. The MPC shall be the forum for cooperative d~cision- making by principal elected officials of general prupose local government. .03 The MPO shall adopt rules of procedure and by-laws to regulate it~ affairs and conduct its business. .04 The MPO may employ personnel and/or may enter into contracts'with other local and State agencies, as well as private planning and engineering firms to carry out the urban transportation planning 'process required by Title 23 U.S.C., Section 134 and by chapter 334. -4- .05' The MPO shall receive its proportionate share of federal planning funds ~or the purpose of carrying out tran~portation planning and programming. .06 The HPO may acquire, own, operate, maintain, sell, or lease real and personal property. .07 l bcal, .08 The MPO may accept funds, grants, assistance, gifts, or bequeaths from state and federal sources. The MPO shall establish and adopt a budget which shall operate on a'~- mutually acceptable Fiscal Year. The Board of County Commissioners agrees,.subj6ct to the availability of funds, to provide annually not less than the required matching local share for receiFt of F6deral funding available for planning purposes. The Department agrees to participate financially and/or with in-kind services within the limitations of its resources in the implementation of the Unified Work Program (U~P). .09 The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein, provided said rules d~ not supersede or conflict with applicable local and state taws, ~ules and regulations. .10 The MPO, in cooperation with the Department, shall carry out the urban transportation planning process as required by Title 23 of the Code of Federal Regulations (CFR), ChapteY 1, Part 450, consistent 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 consistent with %he procedure established for initial development.~ 5.00 Membershi? .O1 "The Board of County Commissioners of Palm Beach County shall be represented by five (5) members, the City of West Palm Beach shall be represented by two (~') members and the Cities of Boca Raton, Delray Beach, Boynton Beach, Lake Worth'a~d Riviera Beach shall be represented by one(l) member each. The aforementioned members shall be appointed by and serve at the pleasure of their respective government entities. In addition, there shall be two (2) non-voting members of the MPO from the Department, consistin~ of (1) the Deputy D~rector of the Division of Transportation Planning and (1) the District 4 Engineer, both of whom shall be designated by and serve at the pleasure of the Department." "Provided: .02 In the event that any of the Commissions, Boards or Agencies decline to participate in forming the MPO by execution of the Interlocal Agreement or withdFaw. from the agreement at a future date, the Governor shall-designate replacement(s%~~ from any appropriate entity in the urbanized area. .03 Where vacancies on the MPO occur'for any reason they shall be filled by the original appointing body, If any municipality or county fails to fill an assigned appointment to the MPO within 60 days after notification by the Governor of its duty to appoint, that appointment shall be made by the Governor from the .eligi'ble representatives of said municipality or county. 6.00 Pursuant to Federal, State, and Local Law In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the MPO 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 ~ts legal capacity, work towards the accomplishmen~ and fulfillment of said needs. 7.00 Rights of Review All parties to the Agreement, the FHWA, and U~A shall have the'ri§hts. ~f policy and technical review and comment of MPO projects within the Urban Study ~rea. 8.00 Contracts of the MPO All contractual agreements, if involving FHWA, US~A, and/or Department funds, must be appropriately approved by the affected federal agency and the Department. Except as otherwise authorized in writing by the Department, FHWA, and UiqTB, where state or federal funds are to be used, the M?O shall not execute any contract or obligate ~tself in any ~ther mann.er with any third party with respect to the Project without the prior written concurrence of the Department, FH~A, and U,~FFA. Subletting of consultants contracts involving funds administered by FH~.IA shall be in accordance with ~the requirements of Paragraph 6b(5) of Volume 4, Chapter 1,.Section section 2, of the Federal-Aid High,,.:ay Program l~anual. 9,00 .O1 Fiscellaneous Provisions ~ow Contract Affected by Provisions Being Held Invalid If any provision of the Agreement is held invalid~ the remainder of this Agreement shall not be affected thereby if such remainder %.~ould then continue conform to the terms and ~equirements of applicable la~. .02 State and Territorial Law Nothing in the Agreement shall require the MPO to observe or enforce compliance with any provision'thereof, perform any other act or do any other th~ng contravention of any applicable state law: Provided, that if a~y of the provisions of the Agreement violate any applicable state law, any partywilI at once the others ~f such violation in order that appropriate modifications may be negotiated to the end that the MPO may proceed as soon as possible with the plann~n~ pro,oct. .03 Existing Agreemeqts All agreements~ contracts and~other commitments, in force att he t~me that the existing MPO is replaced by the MPO established under this section, Shall remain in force. Provisions fo~ amending or canceling existing agreements, contracts an~ othe~ commitments, contained within each such document, may be exercised by the MPO after has been legally designated. lO.O0 Execution of ~greement Ibis Interlocal Agreement may be simultaneously executed i~ several counterparts, each of which so executed shall be deem~,to be original, and such counterparts together shall constitute one and the same instrument. .-_ ll.O0 Constitutional or Statuto~ D~t~es and Responsibilities of the Partie~ to the Agreement This Agreement shall not be construed to authorize the delegatiom of the constitutional or s~uLo~y duties of any of the :~"~o~ p ....... !n addition~ th~s Agree- ment does not relieve any of the parties of an obligation or responsibility imposed. upon'them by law except to the extent of ~ctual ~nd timely performance thereof by one or more of the parties of this Agseement or any legal or adm~n'istrat~ve entity created or authorized by this Agreements in which case the performance may be offered in'satisfaction of the obligation or responsibility. 12.00 Duration of Agreement and Withdrawal Procedure This Agreement shall remain ~n effect until terminated by the parties the Agreement. Any party ~ay withdraw from said Agreement after pre~nting in written form ~ notice of intent to withdraw to the other parties, at least ~ixty ~(60) .days prior to the intended date of withdrawal, provided financial commitments m~de prior to withdrawal are effective and binding for their f~tl term and amount regardless of withdrawal. 13.0~ 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 A§reement. lq.O0 Confirmation of Agreement The Agreement shall be reviewed not less often than annually by the ~0 to confirm the validity of the contents and to recommend the type of'amendments, if any, that are required. 15.00 A_greement Format All words used herein in the singular form shall extend to and include the All words used qn the plural form shall exten~ to and include the sing~la-ro plural. All words used in any gender shall extend to and include all genders. IN WITHESS WHEREOF, the undersigned parties haYe caused this tnterlocal A~jreement to be duly executed in their behalf and hereby establish the above des'ignated NP0 this day of , 197 -- ATTEST: JOHN B: DUNKLE, Clerk By Deputy Clerk (SEAL) ATTEST: By BOARD OF COUNTY COMMISSIONERS OF PAL~ BEACH COUNTY, .FLORtDA>;¥ By ghairma~ CITY OF" ~EST ?AL~ BEACH, FLORIDA By_ (SEAL) ATTEST': By (SEAL) CITY OF BOCA RATO~, FLORIDA By ATTEST: By (SEAL) ATTEST: By CITY OF DELRA¥ BEACH, FLORIDA By CITY 0E BOYNTO~ B~ACH, FLORIDA- By (SEAt.) -9- ATTEST: By (SEAL) ATTEST: By (SEAL) ATTEST: By (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY ASST. COUNTY ATTORNEY 10- CITY OF LAKE WORTH, FLORIDA By CITY OF RIVIERA BEACH, FLORIDA. FLORIDA DEPARTMENT OF TRANSPORTATION By Z MEMORANDUM Peter Cheney, Cfty Manager Planner 12-10-79 ~u~,.,~¢'r MPO Interlocal Agreement The Metropolitan Planning Organization recreated under Florida Statutes Section 334.215. no state directive existed to empower the MPO. (MPO) has been Prior to 334.215 The MPO is the mechanism where by the City can become involved in transportation planning for the future. The fact that Boynton Beach has been given a voice on the M]PO will enhance our position in funding pro3ects and setting priorities. Therefore, I recommend that we support the local MPO by signing the appropriate interlocal agreement. CSA:pf cc- o James Vance, City Attorney Tom Clark, City Engineer Carmen S. Annunziato,/ City Planner ETROPOLITAN PLANNING ORGANIZATION Technical Advisory Committee - Citizen Involvement Committee November 30, ~g79 Ym. Peter Chaney, City Manager City of BoyntonBeach 120 N.E. Second Avenue Boynton Beach, Florida 33435 RE: MPO INTBRLOCAL AGRBt{vf~T - ACTION REQUBSTED BY COUNCIL Dear ~. Chaney: We are enclosing herewith the final draft of the subject agreement which has been negotiated with the Florida Department of Transportation and reviewed by the Federal Highway Administration. This revised agreement was prepared to conform to the new state legislation, F.S. 334.215 which becar~e effective July 1, 1979 and requires tBat the new MPO be established by January 1, 1980. CCopy enclosed) The Governor has designated Boynton Beach as a signatorM to the agreement and allocated the voting membership. Correspondence to this effect was sent to Mayor B~rmening by the Governor. (Copy enclosed) The enclosed agreement is basically the same as the Interlocal Agreement which created the existing ~0. The changes are those necessitated by the new statute F.S. 3S4.21S and the allocation of 2 new signatory municipalities. No committment of flanding is required of your city. The local share of the funding is provided from County general funds. The principal funding is provided bythe Federal Highway Administration and the UrbanMass Trans- portation Administration. We have also enclosed a copy of the resolution prepared for the Board of County Comnissioners, which is on their agenda for Tuesday, December 3, 1979. ~is contains the language and the action required by each of signatory jurisdictions. We request that action be taken by your council as soon as possible so that the statutory deadline canbe met. If you have any questions or if I can be of assistance in expediting this matter, please contact me. Phone (305) 683-9450. Very truly yours, Ned R. Brooke ~Executive Secretary NRB:bjh Enclosure STATE OF FLORIDA OFFICE OF GOVERNOR. BOB GRAHAM Honorable Edward F. Hameuing Mayor, City of Boynton Beach Post Office Box 310 Boynton Beach, Florida ~3435 'OCT ] 9 .Dear Mayor Harmening: As Governor, I have 4signed into law an Act of the 1979 Legislature creating Section 334.215, Florida Statutes, providing for the legislative :.establistznent of Metropolitan Fianning Orgauizations (~iPOs).' The law became e~feetive July 1, 1979, with f~ll compliance fpr the formation of the MPOs r~equired by January 1, 1980. ~%m accordance with the provisions of the law authorizing the Governor to ~esignate the local government entities constituting the MPOs, ~md the ~rpportionment of membership among the various entities, I hereby designate ~nd apportion the West Palm Beach Area Metropolitan Planning Organization as documented in the following tabulation: Desigmated Local Government Entities Palm Beach Count' County Cormnission West Palm Beach City Cow~ssion Boca Raton Office of Mayor Boynton Beach Office of Mayor Delray Beach Office of Mayor LakeWorth Office of Mayor Apportioned Number of Members 5 2 1 .1 1 1 Riviera Beach Office of Mayoz 1 The elected Office of Mayor is designated as the local goverrnnent entity representing your city. As the incumbent Mayor, you are hereby requested to give notice of your willingness to serve as a member of ghe }~O. Your'actions should be officiallydocumented and transmitted to the Chairperson of y~ur existing ~0 with a copy to Director E. W. Elliott, Florida Department of Transport'ation. .~onorable Edward F. Harmening "L~age 2 As soon as all de4ignated member agencies have selected their represent- ~tives and the tnterlocal Ag%eement has been revised to include the mew member Cities of Lake Worth and Riviera Beach, the Chairperson of the existing }~O should call am orgauizational meeting of the mewly appointed You will receive further information, and assistance in the formation of consistent with the new law, from the Office of Director M1Qzida Department of Transportation. As Governor, I support -the purposes for which the ~Os have been create~ _~nnd anticipate that, through the prbper exercise of these respons±h~]~ties kal, state and federal transportation~ agencies w~12 f~ctiom more mfficientl~ and harmoniodsly in meeting the transportation needs of our major urban ar.mas. ~ith kSnd .regards, ce y, /~r. Ear-nest W, ElI~ott Department of ~ransportation