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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 11 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 12 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. 22 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: G:\geDgov~\dad\..aber.p..g~ 1993