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R05-082 II 1 2 RESOLUTION NO. R05- OBa. 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING THE 6 CITY MANAGER TO EXECUTE AN INTERLOCAL 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH, THE COUNTY OF PALM BEACH AND THE 9 METROPOLITAN PLANNING ORGANIZATION 10 REQUIRING THE NOTIFICATION TO OTHER 11 PARTIES TO THE AGREEMENT OF ANY PLANS TO 12 REDUCE RIGHTS OF WAY OR REDUCE ROADWAY 13 CAPACITY BY THE ELIMINATION OF TRAVEL 14 LANES; ESTABLISHING AN EFFECTIVE DATE. 15 16 17 WHEREAS, The Palm Beach League of Cities has requested that member Cities 18 consider ratification of the Interlocal Agreement that will require any governmental entity that 19 is a party to the agreement to notify other parties of any intent to either reduce the number of 20 highway travel lanes below the number of lanes identified in the Highway Component Map of 21 the MPO or plans to reduce the ultimate right of way as shown on the Thoroughfare Right-of- 22 Way map; and 23 WHEREAS, City staff is supportive of the proposed Interlocal Agreement. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 27 ratified and confirmed by the City Commission. 28 Section 2. The City Commission of the City of Boynton Beach does 29 hereby authorize and direct the City Manager to execute an Interlocal Agreement 30 between the City of Boynton Beach, County of Palm Beach and the Metropolitan 31 Planning Organization reqUIring the notification of any plans to reduce rights of S:\CA\RESO\Agreementsllnterlocals\MPO notice to reduce highways.doc I ! ¡ II . 1 way or reduce roadway capacity by eliminating travel lanes, which Agreement is 2 attached hereto as Exhibit "A". 3 Section 3. This Resolution shall become effective immediately upon adoption. 4 PSSSED AND ADOPTED this ~ day of May, 2005. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11 12 13 14 15 16 17 ~ 18 19 20 21 Commissioner 22 ATTEST: 23 24 . 25 26 27 S:\CA\RESO\Agreements\lnterlocals\MPO notice to reduce highways.doc , i ~05-0B~ INTERLOCAL AGREEMENT This Interlocal Agreement is made the day of ,200_, between Palm Beach County, a political subdivision of the State of Florida (hereinafter "COUNTY"), the Metropolitan Planning Organization ("MPO"), and those municipalities located in Palm Beach County that have executed this Agreement (hereinafter referred to singly as "MUNICIPALITY" or collectively as "MUNICIPALITIES"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the Charter of Palm Beach County authorizes the COUNTY to establish levels of service on collector and arterial roads that are not the responsibility of any municipality and to restrict countywide the issuance of development orders that would allow traffic to exceed these levels of service; and WHEREAS, the COUNTY has adopted in its Comprehensive Plan a Thoroughfare Right-of-Way Identification Map which includes public rights of way operated and maintained by the State, COUNTY and MUNICIPALITIES (hereinafter "Ultimate Right-of-Way Roads"); and 1 WHEREAS, the Metropolitan Planning Organization (MPO) has adopted a Highway Component Map which includes roads operated and maintained by the State, COUNTY and MUNICIPALITIES (hereinafter "MPO Plan"); and WHEREAS, the COUNTY and MUNICIPALITIES desire in this Agreement to establish uniform, minimum review procedures and criteria to be applied before taking action that results in reduction of actual or planned traffic capacity on any MPO Plan Road or that results in any reduction of the ultimate right-of-way widths for any Ultimate Right-of-Way Road. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to establish uniform, minimum review procedures and criteria to be applied before taking action that results in reduction of actual or planned traffic capacity on any MPO Plan Road or that results in any reduction of the ultimate right-of-way widths for any Ultimate Right-of-Way Road and to require adequate notice to the affected local governments of such proposed actions. Section 2. Definitions The following definitions shall apply to this Agreement: "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "Ultimate Right-of-Way Roads" are all streets as defined in the Thoroughfare R-O-W Identification Map, Map TE 14.1 of the Plan as it may be amended. "MPO Plan" means roads identified in the Metropolitan Planning Organization Transportation System for Palm Beach County - Highway Component Map, in effect at the time 2 the COUNTY or any MUNICIPALITY provides notice of its intent to reduce actual or planned traffic capacity as set forth in this Agreement. Section 3. Applicability A. This Agreement shall apply within the unincorporated areas of Palm Beach County and within the jurisdictional boundaries of each MUNICIPALITY that has executed this Agreement. B. The Notice, Analysis, and Review requirements set forth in this Agreement shall apply when the COUNTY or a MUNICIPALITY seeks to limit the planned or existing traffic capacity of one or more MPO Plan Roads by eliminating existing or planned lanes below the number of lanes included in the Highway Component Map of the MPO Plan, or by reducing the width of the ultimate right-of-way for any Ultimate Right-of-Way Roads below the width shown on the Thoroughfare Right-of-Way Identification Map (together or individually hereinafter referred to as "Road Reduction Action"). Section 4. Notice Required The COUNTY or any MUNICIPALITY initiating any Road Reduction Action (hereinafter "Initiating Local Government") must provide at least 120 days' prior notice to all other parties to this Agreement before considering any Road Reduction Action as described in Section 3.B. above. This notice shall identify road or roads, the precise action being considered by the governing body, and all scheduled public hearings at which this action will be considered. Section 5. Analvsis and Review Along with the notice required in Section 4, the Initiating Local Government must submit the following information to the Metropolitan Planning Organization (MPO) for review: 3 A. Change to MPO Plan Road 1. The Initiating Local Government shall request that the MPO analyze any proposed elimination of any existing or planned lanes on an MPO Plan Road. The local government shall submit whatever information is required by the MPO in order to run the long-range transportation model with the change to the MPO Plan Roads that the local government desires to make. 2. The MPO agrees to run the model and provide COUNTY and MUNICIPALITIES with a report detailing whether the proposed change will result in any additional road failures according to the MPO Plan or whether the proposed change will further negatively impact any road on the MPO Plan that is already projected to fail. This report shall be transmitted to all the parties within 60 days of submittal of the request for analysis. 3. If any negative impact is identified by the MPO, the requesting local government shall identify mitigation measures that will address the negative impacts identified by the MPO. The local government shall provide all other parties with a copy of the MPO's report and the proposed mitigation measures at least thirty (30) days prior to the consideration of the elimination of any existing or planned lanes on an MPO Plan Road. B. Change to Reduce Right-of-Way on Ultimate Right-of-Way Roads 1. The Initiating Local Government for any proposed reduction to the adopted right-of-way for an Ultimate Right-of-Way road shall prepare a detailed traffic analysis of the subject road and all surrounding roads that would be affected by the 4 change that takes into account all existing and committed development and all applicable Future Land Use designations and that addresses the following criteria: a. Whether improvements are proposed to the Ultimate Right-of-Way Road under consideration. b. Whether improvements are proposed to reliever facilities and the extent that such a reliever would impact traffic on the Ultimate Right- of- W ay Road under consideration. c. The physical characteristics of the property adjacent to the Ultimate Right-of- W ay Road under consideration. d. The character of the area businesses or neighborhood adjacent to the Ultimate Right-of-Way Road under consideration, and the extent of impact on such, including impact on pedestrian accessibility and safety. e. The projected cost of adding additional capacity to the Ultimate Right- of- W ay Road or reliever facilities and the amount of capacity that would be added. f. The existing and projected volume-to-capacity of the Ultimate Right- of-Way Road and the surrounding Major Thoroughfares before and after the proposed modification. g. Availability and cost of mitigation strategies to offset decrease in roadway capacity. h. Historical significance and the extent of impact on such. 1. Aesthetics and the extent of impact on such. 5 J. Impact on health and safety services such as law enforcement and fire rescue response times. k. Impact on existing and planned hurricane evacuation routes. 2. If the reduction in right-of-way width also results in a reduction oflanes for an MPO Plan Road, the analysis required by Paragraph A above must also be performed. 3. The Metropolitan Planning Organization shall evaluate the analysis and receive and consider comments provided by the COUNTY and affected MUNICIPALITIES as appropriate, and provide recommendations to the Initiating Local Government and any requesting local government at least sixty days prior to the consideration of any reduction in right-of-way on any Ultimate Right-of-Way Roads. Section 6. Effective Date This Agreement shall take effect upon execution by the COUNTY, MPO, and participating MUNICIPALITIES, and the filing of the executed Agreement as required by Section 11. In addition, the Agreement shall become effective and remain in effect only for so long as the COUNTY, MPO, and MUNICIPALITIES with construction and maintenance responsibilities for at least thirty six of the fifty five roads listed in Exhibit A hereto remain a party to this Agreement. Section 7. Termination The COUNTY or any MUNICIPALITY can withdraw as a party to this Agreement upon 60 days' written notice to the other parties and the MPO. 6 Section 8. Enforcement Costs Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, provided, however, that this clause pertains only to the parties to this Agreement. Section 9. Notice All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: COUNTY Dan Weisberg, P.E., Director, Traffic Division/Palm Beach County Engineering Department 160 Australian Avenue West Palm Beach, Florida, 33406 METROPOLITAN PLANNING ORGANIZATION Randy M. Whitfield, P.E., MPO Director 160 Australian Avenue West Palm Beach, Florida, 33406 CITY Kurt Bressner, City Manager/City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida, 33425 {list additional cities as needed) Section 10. Dele2ation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. 7 Section 11. Filin2 A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 12. Liabilitv The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. Section 13. Amendments This Agreement may be amended by written approval of each ofthe parties hereto. Section 14. Remedies This Agreement shall be construed by and governed by the laws ofthe State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 15. Time of the Essence The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. 8 Section 16. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 17. Severability In the event that any section, paragraph, sentence, clause, or provision hereofbe held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 18. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. Section 19. Entirety of A2reement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. [the remainder of this page left intentionally blank] 9 WITNESS: CITY OF BOYNTON BEACH, FLORIDA ~1~~U~~ ~ Kurt Bressner, City Manager ~\I\'" . G ,. (Print Name) . STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ];'ú.p-f ð(l (JSSr¡{'1l , City Manager and J¿:{ r7t7 IfZ~ (n ,7 0 , City Clerk respectively, of the City of Boynton Beach, Florida named in the foregoing Interlocal Agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this I -s r day of f/£-(5us7 ,2005. (Notary ~~~ú"'" Barbara M. Madden ~~4t- Á· Juú~ {t¡lit~co~on # DD125274 ~..:.'. .:~ _ £%PlIeS July 19, 2006 Notary Public ";.7,,.;:,-.···~<f"2 Bonded Thru ',II~;,~~\\\" Atlantic Bonding Co., Inc. Approved as to form: (Ù ft~r~ JI1¥)Gs City Attorney THOUGHFARE PLAN ROADS THAT ARE NOT COUNTY OR STATE ROADS ROAD FROM TO CITY Tequesta Drive US Highway Country Club Tequesta County Club Tequesta Drive Martin County Line Tequesta Toney Penna Drive Alt Al A Central Blvd Jupiter Burns Road Military Trail Prosperity Farms Palm Beach Road Gardens Holly Drive Military Trail Alt Al A Palm Bch Gardens Lighthouse Drive Holly Drive US 1 North Palm Beach Park Avenue Old Dixie US 1 Lake Park Water Tower Road Old Dixie Hwy Congress Avenue Lake Park W. 13th Street Australian Avenue US 1 Riviera Beach Shiloh Drive Village Blvd Military Trail West Palm Beach Cumberland Drive Military Trail Village Blvd West Palm Beach Shenandoah Drive Military Trail Village Blvd West Palm Beach Village Blvd! Okeechobee Blvd 45th Street West Palm Beach Spencer Drive 36th Street Australian Avenue Flagler Drive West Palm Beach 25th Street Australian Avenue Poinsettia West Palm Beach Flagler Drive 36th Street Southern Blvd West Palm Beach Parker A vel 25th Street Forest Hill Blvd West Palm beach Tamarind Avenue Olive Avenue Palm Beach Lakes East of West Palm West Palm Beach Blvd Beach City Limits N County Road / Royal Poinciana Indian Road Palm Beach Ocean Blvd Way North Lake Way / Indian Road Royal Palm Way Palm Beach Bradley Place / Coconut Row Royal Palm Way South County Road Ocean Blvd Palm Beach Crestwood Blvd Royal Palm Beach Okeechobee Blvd Royal Palm Beach Blvd Royal Palm Beach 40tn Street State Road 80 Royal Palm Beach Blvd Pine Tree Lane Forest Hill Blvd 1 tn Avenue Lake Clarke Shores I tn A venue North Pine Tree Lane Dixie Highway Lake Worth 12 th A venue South Dixie Highway Lake Osborne Drive Lake Worth Binks Forest Drive State Road 80 Greenview Shores Wellington Paddock Drive Big Blue Trace Wellington Trace Wellington Wellington Trace Greenbriar Blvd Forest Hill Blvd Wellington Big Blue Trace State Road 80 South Shore Blvd Wellington Greenview Shores South Shore Blvd Binks Forest Drive Wellington Blvd Aero Club Drive Greenbrier Blvd Binks Forest Drive Wellington Greenbriar Blvd Aero Club Drive Greenview Shores Wellington Blvd South Shore Blvd Forest Hill Blvd Lake Worth Road Wellington Lake Worth Road State Road 7 South Shore Blvd Wellington Gateway Blvd Congress Avenue US 1 Boynton Beach Seacrest Blvd Lake Ida Road Gulfstream Blvd Delray Beach Gulfstream Blvd Seacrest Blvd US 1 Delray Beach Swinton Avenue 25tn Court S.E. 10tn Street Delray Beach Atlantic Avenue Swinton Blvd N.E. 5tn Avenue Delray Beach Lake Ida Road Swinton Blvd US 1 Delray Beach (NE 4th) George Bush Blvd Swinton Blvd AlA Delray Beach SE 10th Ave Homewood Blvd US 1 Delray Beach Homewood Blvd Linton Blvd Atlantic Avenue Delray Beach Dixie Highway Linton Blvd SE 10tn Street Delray Beach Boca Raton Blvd Palmetto Park Road Clint Moore Road Boca Raton Yamato Road Jog Rod Military Trail Boca Raton Spanish River Blvd Military Trail Federal Highway Boca Raton Potomac Road Jog Road Military Trail Boca Raton Perimeter Road Spanish River Blvd Glades Road Boca Raton NW 4th Avenue Palmetto Road North 20tn Street Boca Raton North 20th Street NW 4tn Street Federal Highway Boca Raton I th Avenue Camino Real Glades Road Boca Raton (14th St/10th Ave) Mizner Blvd Federal Highway Federal Highway Boca Raton . Glades Area not addressed . Road in the Acreage/Loxahatchee Groves not addressed N:\TRAFFIC\CRW\Thoughfare Plan Roads - Not Co or State.doc Revised: 04/20/05