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R93-115RESOLUTION NO. R93-//~- A RESOLUTION OF THE CITY COYI~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING PARTICIPATION IN AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MULTI- JURISDICTIONAL ISSUES COORDINATION FORUM INTERLOCAL AGREEMENT, WITH AMENDMENTS, FOR THE PURPOSE OF PROVIDNG THE CITY'S PARTICPATION IN DIsCussION REGARDING COUNTYWIDE ISSUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, since the demise of the Palm Beach County Planning Council the Palm Beach County Municipa~lLeague has been workingon, afunctions of theSUbStitUtecouncil,~°randthe intergovernmental 6oordination WHEREAS, this Intergovernmental Agreement sets the City's participation in discussion regarding countywide issues. NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ~OYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the ~ity of Boynton Beach, Florida, does hereby authorize and direct the Mayor and City Clerk to, execute the attached Interlocal Agreement attached hereto as Exhibit "A". PASSED ~AND ADOPTED this J day of August, 1993. CITY OF BOYNTON BEACH, FLORIDA Mayo~ ~ ~/ ATTEST: Ci~ Clerk -- (Corporate Seal) Authsig.wp5 InterAgr. Pln(Forum) 7/30/93 MULTZ-JURZSDZCTZONAL ZSSUES COORDZN'ATZON FORU~ ZNTERLOC~T,,~GREEHENT This InterlocalAgreemen~, dated the 1st day of October, 1993, entered into by and among the various parties executing this Agreement, each one constituting a public agency am defined in Part I of Chapter 163, Florida Statutes, and each one a participant in the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement; W I T N B S ~ E T HI WHEREAS, the creation of the Multi-Jurisdictional Issues Coordination Forum (hereinafter "Forum..) will facilitate the identification and possible resolution of multi-jurisdictional issues by providing a vehicle for consensus building through the research of issues and the debate of same; and WHEREAS, the Forum can provide direction on the resolution of 8 multi-jurisdictional issue and the implementation of a program of multi-jurisdictional significance; and WHEREAS, the Forum may also determine a countywide position relative to multi-jurisdictional issues and growth management needs at the County, Regional, and State level; and WHERF~t the Forum would also serve as a vehicle for clarification of and technical assistance in understanding Regional and State initiatives; and WHERE~, the Forum would also be an outlet to provide constructive critiquing of county legislative proposals having countywide implications; and WHERE~, the Forum over time may provide the initiative for Forum as established ""Clearinghouse"" comprehensive Plan Agreement. programs and policies significance. NON, THEREFORE, in consideration of the mutual covenants contained herein, it is mutually agreed and understood, by and among the undersigned parties as follows: /%RTiCLE I. TITLE This. Agreement shall be knowm and may be cited as the "Multi- Jurisdictional Issues Coordination Forum Interlocal Agreement." ARTICLE II. PURPOSE The primary purpose of this Agreement is to establish a Forum that will provide a vehicle for communication and education between _ and among the various local governments and service providers through the receipt and review of reports from ad-hoc committees~ through presentations on items of multi-jurisdictional impact or concern; and through the review of actions taken by the Executive Committee, as established herein. ARTICLE III. The following definitions shall apply to this Agreement: ""Aesooi&te Forum Member.. means a non-voting member of the in Article IV, Section 2. means the Clearinghouse established in the Amendment Coordinated Review Interlocal to address items of multi-jurisdictional ""Comprehensive Plan Amendment Coor~inate~ Review Interlocal Agreementm" means that Agreement dated October 1, 1993, which created the Comprehensive Plan Amendment Coordinated Review Process. "Exe~l~tive Comm%ttee" means the Exectttive Committee established in the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement. "Porum Member" means a local government or service provider who has joined the Forum through this Agreement. "Looal~overnment" means the incorporated cities, villages and towns within Palm Beach County and the County of Palm Beach. "service Providers" means the Palm Beach County School Board, the South Florida Water Management District, and all Independent special districts located in whole or in part in Palm Beach County which provide services required to be addressed in comprehensive plans by Chapter 163, Part II, Florida Statutes. ARTICLE iV. MEMBERSHIP Section 1. Forum Members Each and every local government and service provider who has executed this Agreement by October 1, 1993, or who has subsequently entered in~o this Agreement byexecution of a unilateral Membership Agreement in such form as the Agreement attached h~reto as Exhibit "A", shall be a member of the Forum. In order to become a member, a local government or service provider must first be a participant in the Comprehensive Plan Amendment Coordi.n. ated Revi;w Process through the Comprehensive Plan Amendment Coordinated Revle.w Process Interlocal Agreement. Each Forum member sha~l designate a representative to exercise its responsibilities in the Forum. Each Forum member may also designate an alternate representative who shall act when the regular representative is not in attendance. Section Z. ~ssociate Forum~ember~ Any person or entity approved by the Executive Committee may become an Associate ForumMember. Associate Forum Membersshallbe treated in the same manner as Forum Members except thatthey do not have the power to vote. Section 3. Membership A. There shall be no membership fee for Forum Members for the first year. The Executive- Committee- may establish such a fee effective after October 1, 1994. B. There shall be a $200.00 annual me:~bership fee for Associate Forum Members. The Executive Committe~ may change the amount of this fee. Section 4. Membership Obliaatio-- Ail Forum Members and Associate Forum Members Lgree to provide technical assistance requested by the Executive C~)mmittee and any ad-hoc committee established pursuant to this Agreement. ARTICLE V. FORUM PONERBAND DUTIEB Section 1. Powers The Forum may exercise the following powers: A. Be Co Refer an item of potential multi-jurisdictional significance to the Executive Committee for discussion. Veto an action, of the Executive_ Committee taken pursuant to .Artl.cle VI~I .of this A~eement; Adopt the minority oplnlon on an issue when the 4 Ee Executive Committee has issued both a majority opinion and a minority opinion; and Ratify or modify an action taken by the Executive Committee pursuant to Article VI, Section 2 C. Establish its own rules of procedure that are not inconsistent with this Agreement. Section 2. MeetinaS A. The Forum shall meet at set by the Executive Committee. The Executi¥ schedule additional meetings provided that there weeks notice distributed to each Forum Member and Member. B. In order to take an action a quorum A quorum consists of 50% + I of the total ARTICLE VI. EXECUTIVE COMMITTEE section 1. PurPose The Executive Committee shall jurisdictional significance pursuant least quarterly on dates Committee may .s at least two Associate Forum sust be present. number of Forum members. process issues of multi- to Article VIII and shall coordinate activities of the Forum in accordance with and pursgant to the duties and responsibilities set forth here~n. The Executive Committee shall have the following duties and responsibilities relative to the Forum: A. Process proposed issues of multi-jurisdictional significance pursuant tothe procedures set forth in Article VIII; Ce E. Fo Schedule meetings of the Forum and prepare the agenda for same; Set annual membership fees for FOrum Members and Associate Forum Members which shall be placed on the agenda for the next Forum meeting for ratification or modification; Establish criteria for Associate Forum Membership; Cre.ate ad-hoc committees pursuant ~o Article VII; Administer this Agreement, including but not limited to, preparing an annual budget, overseeing the collection and expenditure of funds, and overseeing the operations- of the Clearinghouse and ad-hoc committees. G. Propose amendments to this Agreement pursuant to Article X, Section 4. No enumeration of duties and responsibilities herein shall be deemed exclusive or restrictive, but shall be deeme~to, incorporate| all implied powers necessary or incident to carrying out the purposes of this Agreement. ARTICLE VII. AD-H0~ COMMITTEES Ad-hoc committees can be created only by the Executive Committee. Each committee shall be created for a specific purpose and for a period not to exceed one year unless ~xtended by the Executive Committee. ARTICLE VIII. PROCEDURE The following procedure is to be used for the identification, 6 definition, and disposition of an item which may be of multi- jurisdictional significance. A. An issue of multi-jurisdictional significance can be initiated by one of the following: 1. The Intergovernmental Plan Amendment Review Committee if the issue is identified in the "fact- finding" or "conflict resolution" process. 2. A member agency through a forma~ action of the governing body. 3. The Forum through an action initiated by a member. B. An issue of multi-jurisdictional significance is submitted to the Executive Committee by the initiator on a form prescribed by the Executive Committee. The form should require, at a minimum, the following information: 1. The nature of the item and a statement identifying its multi-jurisdictional significance. 2. How or why the issue is not being adequately addressed at present. 3. A statement as to why the Forum is the appropriate place to address the issue. The issue shall be considered atthe next meeting of the Executive committee. D. The Executive Committee shall take one of the actions: following Make a determination that the issue is of multi- jurisdictional significance and recommend a course on the action taken on a significance to the Forum at the next meeting minority opinion approved by at least three Executive Committee shall accompany the report. of action. 2. Refer the issue to an ad-hoc committee. 3. Refer the issue back to the initiator with direction. 4. Make a determination that the Forum is not the appropriate vehicle to address the issue. -5. Make a determination that the issUe is not one of multi-jurisdictional significance and that no _ further, review or action by the For~ is necessary. The Executive Committee-- shall present it~!written report submitted issue of multi-jurisdictional of the Forum. A members of the F. The F~rum, by a. two-thirds vote ~f the! Forum members present and voting, may either veto the action ~f the Executive comm%ttee or adopt the minority opinion issued by! the Executive Committee and direct its implementation. Otherwise, the action of _ _ the Executive Committee shall remain in effect. _ G. If the issue is referred to an ad-hoc commlttee,' the ad- hoc committee shall review it and submit a report to the Executive Committee. The Chair of the assigned ad-hoc committee may call upon the resources of Forum Members and Associate Forum Members. The ad hoc committee" shall issue a re ort includin - p g the following: 1. Clear identification of the issue. 2. Implications of the current situation or course of 8 action. Alternative implications. Need for further direction. courses of action and probable information, research, and H. The committee's report and take formal action on the contained in the report. The Executive Committee ad-hoc committee's report and its action on th~ contained in the report, along with any minority o~ Recommended disposition or next step. Executive Committee shall review the ad-hoc recommendations hall present the recommendation ~nion adopted by at least three members of the Executive Committee, at the next meeting of the Forum. The Forum by a two-thlrds-|vOte of the Forum Members present and voting may either ve=o the action of the Executive Committee or adopt the minority opinion issued by the Executive Committee and direct its implementation. Otherwise, the action of the Executive Committee shall remain in effect. ARTICLE IX. LOgiSTICS AND SUPPORT Clerical and logistical support for the Forum and the Executive Committee shall be provided by the Clearinghouse. Professional services and advice shall be provided through the resources of the Forum Members and Associate Forum Members. ARTICLE X. MI~CELLAL'EOUS Section 1. Deleaation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, 9 county, or city officers. Section 2. Filina A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 3. Limite4 Liabi~itv No member shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the Executive Committee. The Executive Committee me~bers have no authority or power to obligate the members in any manner. Section 4. Amendment~ This Agreement may be amended in writing at any time by the concurrence of a three-quarters vote of a majority of the entire membership of the Executive Committee and subsequent ratification by all of the Forum Members in this Agreement. Section 5. Controllina Law This Agreement shall be construed by and gove~'ned by the laws of the State of Florida. Section 6. Effective Date/Term This Agreement shall be effective on Octobe~ 1, 1993, .and shall continue-- in full force and effect unless all~ the members withdraw in accordance with Section 7. Section 7. Nithdrawal Any member may withdraw as a party, to this Agreement! after October 1, 1994, upon sixty (60) days written notice to the Chair of the Executive Committee. Any membership fees, iq required, will not be returned and the member shall not exercise- any! of the powers 10 outlined in this Agreement. Suspension of membership in this Agreement will occur upon the nonpayment of the membership fee established pursuant hereto or for the nonperformance of any of the terms and conditions of this Agreement by any member. The .. suspension will be effective thirty (30) days after date of notice from the Clearinghouse that noncompliance has occurred. Any member receiving, such notice shall have an opportunity to cure its noncompliance in a reasonable time. Upon shall be notified by the Clearinghouse of compli~.nce, the member its re:nstatement as a b~en executed by i]Ldicated below. participant. IN WITNESS WHEREOF, this Agreement has as of the date and year G ** \gengov~ \dm:l\mul~i:juF. ag'c 11 PARTICIPATION AGREEMENT THIS AGREEMENT dated this 6th day of August , 1993, entered into byand among , a City of Boynton Beach (local ~vv=~...~.~L or service provider) hereinafter "New Participant", and the various pa the Interlocal Agreement dated October 1, 1993, her~ Agreement"; WiTNESSETH~ WHEREAS, an intergovernmental coordination program for reviewing proposed changes to adopted comprehensive plans which fully utilizes the existing Chapter 163 comprehensive planning process with minimal bureaucracy and expense for local governments and service providers has been established as evidenced by that certain Interlocal Agreement dated October 1, 1993; and WHERE~, City of Boynton Beach desires to become a participant under said agreement; and waEREA~, pursuant to Article III, Section l/of .the Master Agreement, participation is authorized upon the execution of this unilateral Participation Agreement. NOW, THEREFORE, in consideration of the ml[tual covenants contained herein, it is agreed undersigned New Participant and Agreement as follows: and understood b~ the participants tries executing [nafter "Master annual participation fee prescribed in Article III, Section 2 of the Master Agreement, New Participant-- will become a participant in EXHIBIT 1. Upon execution of this Agreement and upol payment of the and among the in the Master the Master Agreement recorded in the Official Records at Book No. , Page 2. The New Participant shall enjoy all the privileges of, and shall be bound by all the terms and conditions of, the Master Agreement. 3. The participants in the Master Agreement agree to the inclusion of New Participant in ac~r?nce wi~h Article iii, Section i of the Master Agreement as it is acknowledged that the inclusion of an additional participant furthers the intent and spirit of the Master Agreement and the ultimate goal of providing planning coordination among all local governments and service providers. 4. A copy of this Participation Agreemen~ shall be filed with the Clerk of the Court in and for Palm Beach County and with the Clearinghouse. 5. This Participation Agreement shall be effective upon execution and filing pursuant to Paragraph 4 and shall continue in full force and effect unless New Member withdraws pursuant to Article X, Section 7 of the Master Agreement· IN WITNESS WHEREOF, this Agreement has been executed by E. F. Harmening, Mayor, City of Boynton Beach as of the date and year indicated below. By' E. F. Harmenlng, ~yor its:City of Boynton~a~h G~ \gengov~ \dmd ~Da z'~c:i.ci.p, ag'c Date: August 6, 1993