R93-114RESOLUTION NO. R93-//w/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING PARTICIPATION IN ~N~
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT FOR THE PURPOSE OF REVIEWING
PROPOSED CHANGES TO ADOPTED cOMPREHENSIVE
PLANS, WITH AMENDMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, since the demise of the Palm Beach County
Planning Council the Palm Beach County Municipal League has been
working on a substitute for the intergovernmental coordination
functions of the Council; and
WHEREAS,
participation
amendments.
this Intergovernmental Agreement sets the City's
in the coordinated review of comprehensive plan
NOW, THEREFORE, BE IT RESOLVED BY THE CIT~ COMMISSION OF
THE ciTY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of theCity of Boynton
Beach, FlOrida, does hereby authorize and dire~t the Mayor and
City Clerk to execute the attached Interlocal Agreement attached
hereto as Exhibit "A".
PASSED AND ADOPTED this ~ day of August, 1993.
CITY OF BOYNTON BEA~CH, FLORIDA
.~ayor ~
Commiss
ATTEST:
lerk
(Corporate Seal)
ommissio
~uthsig.wp5
InterAgr. P!n
7/30/93
~qJ"I/'(
III'1'BRLOCAL AGRBBJlBJIT
This Interlocal Agreement, dated the 1st day of October, 1993,
entered into by and among the various parties executing this
Agreement, each one constituting a pUblic agency as defined in Part
I of Chapter 163, Florida statutes;
. Z T . B 8 8 B T B:
DUBAS, Part I of Chapter 163, Florida statutes, permi ts
public agencies as defined therein to enter into inter10ca1
agreements with each other to jointly exercise any power,
privilege, or authority which such agencies share in common and
which each might exercise separately; and
DUBAS, Part II of Chapter 163, Florida statutes, requires
the coordination of local comprehensi ve plans wi th the
comprehensive plans of adjacent local governments and the plans of
school boards and other units of local government providing
services but not having regulatory authority over the use of land;
and
DUBAS, the participants to this Agreement desire to
establish 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 the participants; and
DUBAS, participation in this program shall not diminish any
existing local government I s or service provider I s process or power;
and
DUBAS, the participants desire to enter into this Agreement
to provide countywide coordination in the comprehensive plan
amendment process.
BO., 'l'IIDBI'ORB, in consideration of the mutual covenants
contained herein, it is mutually agreed and understood, by and
among the undersigned agencies that now or may hereafter execute
this Agreement, as follows:
ARTXCLB x.. TXTLB
This Agreement
"Comprehensive Plan
Agreement".
shall be known and may be cited as the
Amendment Coordinated Review Inter10ca1
ARTXCLB XI. PURPOSB
The purpose of this Agreement is to establish a countywide
Comprehensive Plan Amendment Coordinated Review Process. This
process is designed to provide coordination of proposed plan
amendments, cooperation between affected local governments and
service providers, and opportunities to resolve potential disputes
only within the Plan Amendment Process with the least amount of
infringement upon existing processes, without undue processing
delays and without the necessity of significant staffing or
consultant costs. Specifically, the Comprehensive Plan Amendment
Coordinated Review Process will accomplish the following:
A. Proposed Plan Amendments shall have sufficient
distribution and dissemination to insure that initial
transmittal and final approval will not occur without
adequate notice to local governments and service
providers who may be adversely affected by the action.
2
B. An avenue for discussion and evaluation of the proposed
Plan "Amendments is created so that the governing body is
aware of objections, the basis for them, and the
reasonableness of the objection.
C. An opportunity is created for conflict resolution of an
item which, if approved, may result in a potential
. problem for another local government or service provider.
D. The Comprehensive Plan Amendment Coordinated Review
Process does not diminish or transfer existing authority
with respect to planning and implementation decisions of
the participants.
ARTICLB III. DBI'IBITIOHS
The following definitions shall apply to this Agreement:
"AC~" means Part I of Chapter 163, Florida statutes.
"Agre_eD~1 means th~s Inter10ca1 Agreement, including any
amendments or supplements hereto, executed and delivered in
accordance with the terms hereof.
II Clear iDghouse " means the agency that provides the logistic
support services for the Comprehensive Plan Amendment Coordinated
Review Process.
"CompreheDsive PlaD" means the plan adopted by a local
government pursuant to Chapter 163, Part II, Florida statutes,
meeting the requirements of Chapter 163, Part II", Florida statutes
and its implementing rules.
"CoDflic~ lle.olu~ioD Panel" means a subgroup of the Inter1oca1
Plan Amendment Review Committee.
3
"DayS" means calendar days.
"b.cu~iv. Co_i~t.." means the representative body of the
local governments and service providers responsible for the
oversight and administration of this Agreement.
"pac~-fiDdiDg PaD.l" means a subgroup of the Inter1oca1 Plan
Amendment Review Committee.
"Gov..rDiDg Body" means the board of county commissioners of a
county, the commission or council of an incorporated municipality,
the Palm Beach County School Board, the Governing Board of the
South Florida Water Management District, or the governing body of
a special district.
"XD~.rlocal PlaD Aa.D4Il.D~ 1l.vi.. Co_it~.." means the body
comprised of full-time planning directors or other similar
position, from any local government participant. This group is
charged with the major technical role in the Comprehensive Plan
Amendment Coordinated Review Process.
"Local Gov.rDa.D~" means the incorporated cities, villages and
towns within Palm Beach County and the County of Palm Beach.
"par~icipaD~s" means those local governments and service
providers who have entered into the Comprehensive Plan Amendment
Coordinated Review Process through this Agreement and have paid the
annual participation fee as required in this Agreement.
"PlaD AIl.D4Il.D~" means any change or modification to an
adopted comprehensive plan that is considered a comprehensive plan
amendment pursuant to Chapter 163, Part II, Florida Statutes, or
its implementing rules.
4
"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.
ARTIcLB xv. PARTICIPATIOII.
Section 1. All local governments and service providers
located in whole or in part in Palm Beach County are eligible to
participate in this Agreement. Only the parties who execute this
Agreement and who have paid their annual participation fee are
considered participants under this Agreement. Any local government
or service provider who is not a participant by October 1, 1993,
may become a participant upon execution of a unilateral
participation Agreement, in such form as the agreement attached
hereto as Exhibit "A".
Section 2. ParticiDant General Ob1iaations
A. All participants shall be obliged to pay an annual
participation fee.
(1) The initial participation fee shall be $500.00 per
participant. This fee shall cover participation
from October 1, 1993 to september 30, 1994 and
shall be due and payable by October 31, 1993.
(2) The participation fee shall be $500.00 per year for
each subsequent year, unless this amount is
modified as authorized in Article IV Section 2 F.
No modification shall increase the fee by more than
5
25\ of the past year's fee amount. The annual
participation fee shall be due and payable by
October 1 of each succeeding year.
(3) Non-payment of the fee shall
suspension of participation in
pursuant to Article X, Section 7.
. (4) A fee paid pursuant to this section shall not be
returned in full or prorata amount upon a
participant's withdrawal from this Agreement.
Participants entering into this Agreement after
October 1, 1993, or during any period subsequent to
September 30 of each year thereafter, shall be
obliged to remit the entire fee amount.
B. The local governments employing full-time planning
directors or other similar positions are required to appoint that
person to the Interlocal Plan Amendment Review Committee.
C. The local governments and service providers who become
participants agree to provide technical assistance requested by a
Fact-finding Panel or Conflict Resolution Panel established
pursuant to this Agreement.
ARTXCLB V. BXBCUTXVB COKKXTTBB
Section 1. Creation/PurDose
There shall be created an Executive Committee to provide
oversight and direction to the Comprehensive Plan Amendment
Coordinated Review Process established this Agreement, in
accordance with and pursuant to the duties and responsibilities
result in the
this Agreement
6
expressed herein.
Section 2. Duties and Powers
The Executive Committee shall have the following duties,
powers and responsibilities:
A. Prepare an annual budget.
B. Oversee the collection and expenditure of funds.
. C. Prepare an annual report to the participants
detailing the activities and results from the
comprehensive plan amendments processed pursuant to
this Agreement.
D. Oversee the operations of the various panels,
committees, and the Clearinghouse established
pursuant to this Agreement.
E. Make recommendations to the participants on ways to
improve the coordination process.
F. Modify the annual participation fee in accordance
with this Agreement.
G. By majority vote of the entire membership of the
Committee, modify the time frames set forth in
Article VII.
H. Propose amendments to this Agreement pursuant to
Article X, Section 4.
I. Select the Clearinghouse from interested
participants.
No enumeration of duties, powers, and responsibilities herein
shall be deemed exclusive or restrictive, but shall be deemed to
7
incorporate all implied powers necessary or incident to carrying
out the purposes of this Agreement.
Section 3. MembershiD
A. The Executive Committee shall consist of nine members,
selected from the following .five categories in the manner
specified, and shall meet the following criteria:
(1) Four elected municipal officials, selected by the
Palm Beach County Municipal League.
(2) Two Palm Beach County Commissioners, selected by
the Palm Beach county Commission.
(3) One member of the Palm Beach County School Board,
selected by the Palm Beach County School Board.
(4) One member of the South Florida Water Management
District Governing Board, selected by the South
Florida Water Management District Governing Board.
(5) One Special District Representative, who shall
reside in Palm Beach County and represent a
District in Palm Beach County, appointed by the
Regional Chair of the Florida Association of
Special Districts.
B. Except for the Regional Chair of the Florida Association
of Special Districts, all members of the Executive Committee shall
be a representative of a participant. Each member shall have one
vote on the Committee.
C. Each category as set forth in Paragraph A shall be
entitled to appoint one (1) alternate. The alternate from
8
categories 1 - 3 must be an elected official. If no other member
of the South Florida Water Management District Governing Board
resides in Palm Beach County, the Executi ve Director or his
designee shall be the South Florida Water Management District
alternate. The Regional Chair of the Florida Association of
Special Districts shall appoint as the Special District alternate
a person who resides in Palm Beach County and represents a district
in Palm Beach County. The alternate may act in place of any member
from the same category.
D. In the event there are no participants in a designated
category set forth in paragraph A, that category shall be deemed
deleted and all remaining categories shall constitute the Executive
Committee accordingly.
Section 4. Executive Committee Action
A. The affairs, actions and duties of the Executive
Committee shall be undertaken at duly called meetings pursuant to
Section 9 hereof.
B. For any meeting of the Executive Committee at which any
official action is to be taken, a majority of the committee members
shall constitute a quorum, and a majority vote of the members
present shall be the act of the Executive Committee.
C. A certificate, resolution, or instrument signed by the
Chair, Vice-chair or such other designated person of the Committee
as may be hereafter selected by the Committee shall be evidence of
the action of the Committee.
Section 5. Election of Officers
9
Once a year, and at such other time as may be necessary to
fill a vacancy, at a meeting of the Executive Committee called for
the purpose thereof, the Committee members shall elect a Chair, a
Vice-chair, and a Secretary-Treasurer to conduct meetings of the
Committee and to perform such other functions as herein provided.
Said Chair, Vice-chair and Secretary-Treasurer shall serve one (1)
year terms unless they resign sooner pursuant to Section 7 hereof.
Section 6. Authoritv of Officers
A. The Chair and the Vice-chair shall take such action and
sign such documents on behalf of the Executive Committee and in
furtherance of the purposes of this Agreement as shall be approved
by resolution of the Committee.
B. The Secretary-Treasurer, or his or her designee, shall
keep minutes of all meetings, proceedings and acts of the Executive
Committee but such minutes need not be verbatim. Copies of all
minutes of the meetings of the Committee shall be sent by the
Secretary-Treasurer, or designee, to all Committee members and to
such other parties as requested.
Section 7. Resianation
A. Any member may resign from all duties and
responsibilities hereunder by giving at least seven (7) days prior
written notice sent to the Chair. Such notice shall state the date
said resignation shall take effect and such resignation shall take
effect on such date.
B. In the event any member shall resign as the
representative of a participating group such participating group
10
shall appoint a new representative as expeditiously as possible.
C. Any member, upon leaving office, shall forthwith
turn over and deliver to the Chair or Vice-chair any and all
records, books, documents, or other property in his or her
possession or under his or her control which belongs to the
Executive Committee and/or relates to this Agreement.
section 8. Liabilitv
No member of the Executive Committee shall be liable for any
action taken pursuant to this Agreement in good faith, or for any
omission, except gross negligence, or for any act of omission or
commission by any other member of the Committee.
Section 9. Meetinas
A. The Executive Committee shall convene at a meeting called
by either a majority of the members or at the request of the Chair.
Meetings shall be conducted at such locations as may be acceptable
to the majority of the Committee. The Chair shall set forth the
date, time, location and purpose of each meeting and notice
thereof, unless otherwise waived, shall be furnished to each member
by the Secretary-Treasurer, or his or her designee, not less than
seven (7) days prior to the date of such meeting. The Chair may
direct the Secretary-Treasurer to send the prerequisite notice for
any meeting of the Committee otherwise called in accordance with
the provisions hereof.
B. During October 1993, the duly appointed members of the
Committee shall hold an organizational meeting to elect officers
and perform such other duties as shall be provided under this
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Agreement.
ARTIcLB VI. IIITBRLOCAL PLU AIID1DXBIIT RBVln cOMMITTEB
A. Participant local governments employing full-time
planning directors or other similar position are required to
appoint that person as a member of the Interloca1 Plan Amendment
Review Committee.
B. The functions of this Committee are as follows:
(1) To provide participants, on a rotating basis, for a
Fact-finding Panel.
(2) To provide participants, on a rotating basis, for a
Conflict Resolution Panel.
(3) To call for technical assistance from service
providers and other agencies which participate in
this coordination activity.
(4) To meet, at least quarterly, for the purposes of
administration, consideration of referrals, reports
of subcommittees, general coordination and
consultation, and the forwarding of reports of
actions to the participants.
The Committee shall establish its own organization and
procedure consistent with the provisions of this
rules
C.
of
Agreement.
ARTXCLB VII. cLBARIHGBOOSB
A. The Clearinghouse shall be a participant public agency.
B. The Clearinghouse shall be responsible for:
1. The establishment of an account into which the
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2.
3.
. 4.
participation fees required herein shall be
deposited.
The deposit and disbursement of funds in accordance
with generally accepted accounting standards.
Securing and storing all adopted local government
comprehensive plans, and all amendments thereto.
Coordinating the Comprehensive Plan Amendment
Coordinated Review Process, as specified in Article
VII, Section 3.
COJlPRBBDSIVB PLAII AKDDKBHT COORDINATED REVIEW
ARTIcLB VIII.
PROCBSS
Section 1. Local Government SDecific Ob1iaations
A. All participant local governments are obligated to do the
following:
(1) Inform the Clearinghouse of the notice of plan
amendments proposed by other participants that it desires to
receive.
(2) Designate to the Clearinghouse the position or
individual who can file a written notice of intent to object and a
formal objection.
(3) Inform the Clearinghouse whether a formal governing
body action is required prior to filing a written objection.
(4) Provide the Clearinghouse with a full copy of the
local government's adopted Comprehensive Plan within thirty (30)
days of the effective date of this Agreement. If a local
government becomes a participant after October 1, 1993, the
13
participant shall provide the Clearinghouse with a full copy of its
adopted comprehensive Plan within thirty (30) days of the effective
date of the Participation Agreement.
B. When processing a proposed plan amendment to its own
comprehensive Plan, the local government shall do the following:
(1) Submit all proposed plan amendments documents
required by Section 3 A. to the Clearinghouse at
least thirty (30) days prior to the local
government's transmittal hearing.
(2) Meet with any objectors at least one time prior to
the transmittal hearing on the proposed plan
amendment.
(3) Participate in fact-finding as described in section
3.
(4) Include in the proposed plan amendment transmittal
to the Department of Community Affairs, or within
five (5) days of receipt if received after
transmittal, all written notices of intent to
object and written objections received pursuant to
section 3, the status of that objection, a fact-
finding report prepared pursuant to Section 3, and
any report from a Conflict Resolution Panel
prepared pursuant to Section 3.
(5) Consider participating in any Conflict Resolution
Panel requested by an objector. The local
government initiating the proposed plan amendment
14
is under no obligation to participate in the
Conflict Resolution Panel process.
(6) For all proposed plan amendments, provide the
Clearinghouse with a copy of the full proposed plan
amendment; all background materials, including the
supporting data and analysis; the objections,
recommendation and comments report prepared by the
Department of community Affairs for the amendment
upon its receipt; the response to the objection,
recommendation and comment report prepared by the
local government; and, if adopted, the amendment to
the local government's comprehensive plan; the
notice of intent issued by the Department of
Community Affairs; and any final orders or
compliance agreements dealing with the amendment.
(7) When it becomes available, provide the Clearing-
house with a revised copy of the local government's
Comprehensive Plan including all amendments.
C. If the local government desires to object to another
local government's proposed plan amendment, the Objecting local
government shall do the following:
(1) Submit a written notice of intent to object to the
Clearinghouse and the local government initiating
the proposed plan amendment pursuant to Section 3.
(2) Meet with the local government transmitting the
proposed plan amendment at least one time prior to
15
that local government's transmittal hearing.
(3) File a written objection with the Clearinghouse
pursuant to Section 3.
(4) Participate in fact-finding as described in Section
3 if the local government files a written objection.
(5) Consider participating in any Conflict Resolution
Panel requested by the initiating local government
or other objector. An objector is under no
obligation to participate in the Conflict
Resolution Panel process.
(6) If the objection is to be withdrawn, file a written
notice withdrawing the objection with the
Clearinghouse and the local government proposing
the plan amendment.
section 2. All Other ParticiDants SDecific Ob1iaations
All participants who are not local governments must comply
with the requirements of Article VII, Section 1 A. (1), (2), and
(3). A non-local government desiring to object to a proposed Plan
amendment has the same obligations as an objecting local government
detailed in Article VII, Section 1 C.
Section 3. Plan Amendment Review Process
A. A plan amendment is prepared pursuant to policies and
procedures of the initiating local government. At least thirty
(30) days prior to the governing body's transmittal hearing, an
Executive Summary along with a copy of the proposed plan amendment
and supporting material, and the date, time, and place of the
16
transmittal hearing, shall be furnished to the Clearinghouse.
B. within five (5) days, the Clearinghouse shall distribute
the Executive Summary and hearing information to the participants
in the Agreement who have requested copies of the initiating local
government's amendments.
C. A written notice of intent to object may be filed by any
participant.
(1) A written notice of intent to object must be filed
no later than fifteen (15) days before the transmittal hearing.
(2) If a proposed plan amendment is substantially
modified between the submittal to the Clearinghouse and the
transmittal of the amendment, a written notice of intent to object
may be filed within ten (10) days of transmittal.
D. The Clearinghouse shall immediately notify the initiating
local government of all written notices of intent to object
received by the Clearinghouse.
E. The initiating local government shall meet with all
objectors prior to the transmittal hearing unless the written
notice of intent to object was filed pursuant to Section 3 C.(2)
above. In that instance, the parties shall meet within fifteen
(15) days of the submittal of the written notice of intent to
object to the Clearinghouse.
F. No later than fifteen (15) days after transmittal of the
proposed plan amendment, a participant who filed a written notice
of intent to object prior to transmittal may file a written
objection to the proposed plan amendment with the Clearinghouse.
17
If a written notice of intent to object was filed after transmittal
pursuant to Section 3 C.(2) above, a written objection may be filed
by that participant no later than thirty (30) days after the filing
of the written notice of intent to object.
G. Upon receipt of a written objection, the Clearinghouse
shall notify the initiating local government and the Interlocal
Plan Amendment Review Committee of the written objection and
transmit a copy of the objection to the initiating local government
and the Interlocal Plan Amendment Review Committee.
H. The Inter1oca1 Plan Amendment Review Committee shall
convene a Fact-finding Panel within ten (10) days of receipt of the
written objection. The Fact-finding Panel shall review the
objection pursuant to Article VIII and shall issue its opinion
letter no later than twenty (20) days after the submittal of the
written objection to the Clearinghouse.
I. After the Fact-finding Panel issues its opinion letter,
any party (the initiating local government and any participant
objector) to the fact-finding may request conflict resolution
pursuant to Article IX. The request shall be submitted in writing
to the Clearinghouse no later than ten (10) days after transmittal
of the Department of Community Affairs Objection, Recommendation
and Comments Report. The Clearinghouse shall immediately notify
the other parties of this request. within ten (10) days of receipt
of notification from the Clearinghouse, the other parties shall
notify the Clearinghouse of their decision on whether or not to
agree to conflict resolution. If the initiating local government
18
19
by the affected property owner. The objecting party(ies) shall
make a presentation on the basis for its objection. Technical
assistance testimony as requested by the Chair may be presented at
any time. The panel may ask questions. The Chair shall close
discussion with the participants and thereafter confine discussion
to panel members.
E. . The panel shall specifically identify each objection and
shall issue an opinion letter including, but not limited to, the
following on each objection which is filed:
(1) The objection appears to be one of miscommunication
and that it appears to be resolved.
(2) There is insufficient data and analysis upon which
to support either the amendment or the objection or
both.
(3) Sufficient data and analysis has been provided and
a conflict appears to exist. The conflict should
be resolved either:
(a) through the normal Department of Community
Affairs review process; or
(b) in a conflict resolution forum such as
provided in Article IX, mediating services of
the Treasure Coast Regional Planning Council,
or other mediation forum.
F. within two (2) working days, the Chair shall fax an
opinion letter to the involved parties. If warranted, a minority
opinion may be prepared by other members of the panel and provided
20
concurrently with the Chair's opinion letter.
ARTIcLB X. cODLIcT llBSOLUTIO)f PAIIBL
A. The' Conflict Resolution Panel shall consist of three
members when performing facilitation services or five members when
performing mediation services. The panel shall be composed of
individuals who are members of the Inter10ca1 Plan Amendment Review
Committee. The Chair shall be selected by the panel.
B. The Chair shall arrange for testimony and technical
assistance from participants as is appropriate. Testimony shall be
provided only through participants who are parties to the objection
unless technical assistance testimony has been requested by the
Chair.
C. Two types of service may be provided. These are:
(1) Facilitation
a. A facilitation panel shall consist of three
members. When the facilitation panel convenes
to review the objection, it shall seek to have
the parties reach a mutually agreeable
position on the proposed amendment and the
objection to it.
b. The facilitation panel shall declare when its
work has been finished or an impasse has been
reached. At that time, the Chair shall write
a letter documenting the meetings which were
held, the evidence and testimony recei ved,
points of agreement, and points of
21
disagreement. The letter shall be transmitted
to participating parties and the Department of
Community Affairs.
(2) Mediation
a. A mediation panel shall consist of five
members. In addition to functioning as a
facilitation panel, the mediation panel shall
provide a statement recommending a method of
resolving any remaining points of
disagreement. If there is not unanimous
consent among panel members, a minority
opinion may be issued. It shall accompany the
majority position.
b. As with the facilitation panel, the Chair
shall write a letter documenting the meetings
which were held, the evidence and testimony
received, points of agreement, points of
disagreement, and recommendation. The letter
and any minority opinion shall be transmitted
to participating parties and the Department of
Community Affairs.
ARTICLB XI. XIScBLLAllBOOS
Section 1. Deleaation of Duty
Nothing contained herein shall be deemed to authorize the
delegation of the constitutional or statutory duties of the state,
county, or city officers.
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Section 2. Filinq
A copy of this Agreement shall be filed with the Clerk of the
Circuit Court in and for Palm Beach County.
section 3. Limited Liabilitv
No participant 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 members
have no authority or power to obligate the participants in any
manner.
section 4. Amendments
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 participants in this Agreement and any Participation
Agreement.
Section 5. Control1ina Law
This Agreement shall be construed by and governed by the laws
of the State of Florida.
section 6. Effective Date/Term
This Agreement shall be effective on October 1, 1993, and
shall continue in full force and effect unless all the participants
withdraw in accordance with Section 7.
Section 7. withdrawal
Any participant may wi thdraw as a party to this Agreement
after October 1, 1994, upon sixty (60) days written notice to the
Chair of the Executive Committee. Any participation fees paid will
23
not be returned and the participant will cease activities in the
program outlined in this Agreement. Suspension of participation in
this Agreement will occur upon the nonpayment of the fee prescribed
herein or for the nonperformance of any of the terms and conditions
of this Agreement by any participant. The suspension will be
effective thirty (30) days after date of notice from the
Clearinghouse that noncompliance has occurred. Any participant
receiving such notice shall have an opportunity to cure its
noncompliance in a reasonable time. Upon compliance, the
participant shall be notified by the Clearinghouse of its
reinstatement as a participant.
IN WITNESS WHEREOF, this Agreement has been executed by
as of the date and year indicated below.
G:\9.D90yt\d.d\.u~xt...p
24
IIBKBBRSBIP AGRBBJlBJIT
THIS' AGREEMENT dated this
6th
day of
August
1993, entered into by and among
a City of Bovnton Beach
(local qovernment or ..rvice provider)
hereinafter "New Member", and the various parties executing the
Multi-Jurisdictional Issues Coordination Forum Inter1oca1 Agreement
dated October 1, 1993, hereinafter "Forum Agreement";
. X T )I B 8 8 B T B:
DBRBAS, a Multi-Jurisdictional Issues Coordination Forum to
facilitate the identification and possible resolution of mu1ti-
jurisdictional issues through the research of issues and the debate
of same has been established as evidenced by that certain Forum
Agreement dated October 1, 1993; and
DBRBAS ,
city of Boynton Beach
desires to become a
Member under said agreement; and
DBRBAS, pursuant to Article IV, Section 1 of the Forum
Agreement, Forum membership is authorized upon the execution of
this unilateral Membership Agreement.
)10., THBRBPOllB, in consideration of the mutual covenants
contained herein, it is agreed and understood by and among the
undersigned New Member and the members in the Forum Agreement as
follows:
1. Upon execution of this Agreement and upon payment of the
annual participation fee prescribed in Article IV, Section 3 of the
Forum Agreement, New Member will become a Forum member pursuant to
the Forum Agreement recorded in the Official Records at Book
No. , Page
EXHIBIT
"A"
2. The New Member shall enjoy all the privileges of, and
shall be bound by all the terms and conditions of, the Forum
Agreement.
3 . The Forum members in the Forum Agreement agree to the
inclusion of New Member in accordance with Article IV, section 1 of
the Forum Agreement as it is acknowledged that the inclusion of an
additional Forum member furthers the intent and spirit of the Forum
Agreement and the ultimate goal of providing coordination in the
identification and possible resolution of issues of mu1ti-
jurisdictional significance among all local governments and service
providers.
4. A copy of this Membership Agreement shall be filed with
the Clerk of the Court in and for Palm Beach County and with the
Clearinghouse.
5. This Membership Agreement shall be effective upon
execution and filing pursuant to Paragraph 4 and shall continue in
full force and effect unless the New Member withdraws pursuant to
Article X, Section 7 of the Forum 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.
E. F. Harmening,
City of Boynton
Its:
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1993