HomeMy WebLinkAboutR-00-53
RESOLUTION NO. R-OO-53
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING RESOLUTION NO. R-92-30, AUTHORIZING THE MAYOR TO EXECUTE A
REVISED INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER
METROPOUTAN PLANNING ORGANIZATION BETWEEN THE FLORIDA DEPARTMENT
OF TRANSPORTATION AND INDIAN RIVER METROPOUTAN PLANNING ORGANIZATION
MEMBERS; PROVIDING FOR CONFUCTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Council adopted Resolution No. R-92-30 approving an interlocal agreement creating
the Indian River County Metropolitan Planning Organization (MPO); and
WHEREAS, City Council adopted Resolution No. R-99-38 approving the 1999 Apportionment Plan for
the MPO which added the Indian River County School District as a voting member; and
WHEREAS, Indian River County MPO has presented a revised interlocal agreement to finalize the
process of adding Indian River County School District as a voting member.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The Mayor is hereby authorized to execute the revised "STA TE OF FLORIDA
DEPARTMENT OF TRANSPORTA TION INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN
RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION" as attached hereto as Exhibit "A".
Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed.
Section 3. This Resolution shall become effective immediately upon adoption.
The foregoing Resolution was moved for adoption by Councilmember &>> . The
motion was seconded by Councilmember i!JAA/ <3 f.J and, upon being put into a vote, the vote
was as follows:
Mayor Walter Barnes
Councilmember Ben Bishop
Council member Joe Barczyk
Council member James Hill
Councilmember Edward Majcher
c: ..,/-Th, Mayor thereupon declared the Resolution duly passed and adopted this r:P 7t;i day of
(\ P L fftJ 41 ILL ~ ,2000.
,/
,
f
CITY OF SEBASTIAN, FLORIDA
By: \A) c..t1L~ fu J'V~)
Walter Barnes, Mayor
Approved as to form and legality for
.reIL~ t~ityi Of, Sebastian only:
JCh0~- ~
Rich Stringer, City Atto y
FORM S2>0]().(Jl
POUCYPLANNING
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STAn: OF FLalllD.! DEPAR'lldENT OF'lKANSPOrrA'nON
INTERLOCAL AGREEMENT FOR CREATION OF THE
INDlANRIVER COUNTY METROPOUTANPLANNING ORGANIZATION
THIS INTERLOC~ AGREEMENT is made and entered into this day of .
2000, by and betweentheFLORIDADEP.ARTMENT OF TRANSPORTATION; tbeCOUNTY OF INDIAN RIVER;
the CITIES OF VERO BEACH, SEBASTIAN, and F.El:LSMERE; the TOWNS OF INDIAN RIVER SHORES and
ORCmD; and the SCHOOL DISTRICT OF INDIAN RIVER COUNTY.
RECITALS:
'WHEREAS, 1beFedfxal Govermne.nt. under the authority of 23 USC Section 134 and Sections 4(a), 5(g)(1),
and 8 of tbe Federal Transit Act [49 USC Subsection 5303], requires that each metropolitan area, as a ccmdition to
the receipt of federal capital or operating assistance. have a cominuing. cooperative, and comprehensive
transportation planning process that results in plans and programs ccmSistent with the compreheJJsiveJ.y planned
development of tbe metropolttan area., aDd stipulates that the State and the metropolitan pJ ~nni ng argBDization sball
enter into an ag:ree.rncat clearly identifyiDg the respOllSibilities far cooperatively' carryiDg out such transportation
planDing;
WlIEREAS, tlJe parties of this Inter10cal Agreement desire to participate cooperatively,in the performance,
on a continnine basis, of a COOIdinated, comprebecsIve transportation 'plannine process to .aBSW'e that higl1way
facilities. mass transit. rail systems, air transportation and otber facilities will be properly located and developed in
relation to the overan. plan of commnnity developme.ut;' ,
'WHEREAS, 23 use Section 134, as ~ml'\1lded by the Inte.rm.odal Surface Transportation Efficiency Act of
1991,49 USC Section5303. 23 CPR Section450.306, aDd Section 339.175, Florida Statutes, provide for the creation
of metropolitan p1anniIJg orga.mz:a.tiODS to develop transp'artation plans and programs for metropolitan areas;
'WHEREAS, pUrsUant to 23 use Section 134(b), 49 USC Section 5303, 23 CPR Section 450.306(a), and
Section 339.175, Florida Statu!es, a c1etermillationhas been made by tbe Gove.r:nar and units of general pmpose1ocal
government representing at least 75 % of the affected population in !be metropolitan area to designate a metropolitan
pJ ::Inning organization;
WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Mr. Robert M Keating,AICP,
,:MFO Staff Director. datedFebruary 28,2000, tbe Governor has agreed to the apportinnmP.nt plan of the members
of the proposed MFO as set forth in this Agreement;
WEEREAS,pursuant to 23 CPR. Section 450.306(c), and Section 339.175(1)(b), Florida StattItes, an
interlocal agreement must be entered iIlto by tbe Depa.rtmeD1 and the governmp.nt::ll entities designated by the
Governor for :membership an the :MPO; "
'WHEREAS, tbe .iDterlocal agreement is required to create the metropolitan planning organization and
delineate the provisions for operation of the MPO; ,
WHEREAS, "the undersigned parties have determined that this Agreement satisfies the requiremeo:ts of and
is consistent with Section 339.175(1)(b), Florida Statutes;
WHEREAS. pmsuamto Section 339.175(1)(b), Florida Statutes, the iDterlocal agreement must be consistent
with statutory requirements set forth in Section 163.01, Florida Statutes, relating to inter10cal agrfflr'lms; and
'WHEREAS, the undersigned parties have determined that this Agreement is consistent with the requirements
of Section 163.01, Florida Statutes.
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. NOW, THEREFORE, in CODSide:ratiOllof ~ mutual covenants, promises, and representation herein, the '
parties d~ng to be legally bound, do agree as follows:
ARTICLE 1
RECITALS: DEFlNITIONS
Section 1. 01. Recitals. Each and all of the fcregoing recitals be and the same hereby incorporated
herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing
recitals to be true and correct shall not operate to invalidate this Agreement. '
. Section 1.02. Definitions. The fonowing wards wbe.n. used in this Agreement. (unless the context shall
clearly indicate the contrary) sba11 have the fonowing lIlelI n;ne.~:
".Agreem.em" means and refers to this iDstruInent:, as Am~..nded from time to time.
"Department" sball mean and refer to the Florida. Departme.nt of TransPortation, an agency of the State of
Florida created p1lI'SUa.Dt to Section 20.23, Florida Statntes.
" FlfW A" meaDS and refers to the Fecleral,Highway .A.dmi.nistration.
"Fr~' means and refers to the Federal Transit Administration.
"Long Range Transportation Plan" is 1be20-year plan which.: identifies transporta:tion facilities; includes a
fmancial plan. that demonstrates how the plan can be implernected and assesses capital iIDprovemem:s necessary to
preserve the eldsting metropolitan transportation system and IIWre efficient use of existing transportation facilities.
indicates proposed transportation enhancement activities; and in ozone/carbon monoxide nona1tllinmf'!l1t areas is
cocrdinated wi:th tbe State Implementation Plan, an as required by 23 USC Section l34(g), 23 CFR. Section 450.322,
Section 339.175(6), Florida Statutes;
''Metropolitan. Area" means lll1c:l. refers to tl1e pl2JlIling area as delineated by the'MPO far the urbanized area
cont~ininf at least a population of 50,000 as described in 23 USC Section 134(b)(1,), 49 use Sectic;m 5303(c)(1),
and Section 339.175.. Florida Statutes, which sba11 be subject to the MPO.
"M:PO" means and refers to tl1e metropolitan. planni.lig organization farmed pursuant to this Agr~P.nt
"Transportation Improvement Program (TIP)" is the transportatiOn document which includes the following
compone.ms: a priority list of projects and project phases; .a list of projects proposed for funding; a iinllnr.illJ plan
demoDstratiI!g how the TIP can be ,impl~l"ntf".(!; a listing of group projects; an indication of whether the projects and
. project phases are consi.ste.nt with applicable local government comprehensive plans adopted pursuant to Secticm
. 163.3161~., Florida Statutes; and an indication of how improvements' are co.nsisteDt, to the maximum extent
facilities. wilb affected seaport and aiIport master plans and with public transit development plans of the units of local
government located within the boundaries of the MPO. aD as required by 23 use Section 134(h), 23 CPR Secticm
450.324, Section 339. 175(7);, Florida Statutes.
''UDi:lied P111nnine Wark Program (upWP)" is the annual plan developed in cooperation with the Department
and public t:ransp<rtationproviclers, that lists an pll1nning tasks to be undertaken during a program year, together with
a complete description thereof and an estimated budget., all as required by 23 CPR Section 450.S14, and Secticm
339.175(8), Florida statutes.
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ARTICLE 2'
PURPOSE
Section 2.01. GenecaJ Purpose. The pllIpOSe afthis Agreement is to establish the MPO:
(a) To assist: in. the d.eve1.qJmen1 of transportation systems embracing various m~ of transportation
in a manner 'that wm maximiz:e tbe mobility of people and goods within and through this metropolitan area of this
state and 111in;mi7.e, to the mmmwn e.xtent feasible far transportation-related fuel coDSUIIlption and air pollution;
(b) To develop transportation plaJls and programs, in. cooperation with the Department, which plans
and prognlIns prDvide for i:be development of transportation facilities that Will function as multi-modal and an
intermodal transportation system. for the metropolitan area;
(c) To implement and 'ensure a mntinning. cooperative, and comprehensive transportation pla.nning
process tbat res1ilt:s in coordinated plans and programs c:onsiste.JJt with the comp~ebensively planned development
of this affected met:ropolitan area in. cooperation with the Depart:ment;
(c1) To assureeIigibillty far the receipt of Federal capital and operating assistance pursuant to 23 use
Section 134 and Sections 4(a), 5(g)(1), and 8 .of tbe Federal Transit Act [49 use Subsection 5303,5304,5305 and
5306]; and
(e) To carry Clllt the metropolita.n transportation planning process, in cooperation with the'Department,
as required by 23 use Section 134 and Sections 4(a), 5(g)(1), and 8 oftbe Federal Transit Act [49 USC Subsection
5303,5304, 5305 ancI5306]; 23 CPR, Parts 420 and 450 and 49 CPR. Part 613, Subpart A; and consistent with
Chapter 339, Florida Statutes, and other applicable state and local laws.
Section 2.02. MalOr MPO Resuonsibflities. The MPO is jntf'!Tlrl~ to be a forum for cooperative
decision making by officials of the gove:rnmf'!Tlt1l1 entities which are party to, this Agreement in the development of
,transportation-related plans and programs, including but not limited to:
(a) The long range transportation plan.; ,
(b) The transportation improvement program;
(c) ,The unified planning work program;
(d) A congestion management system for the metropolitan area as required by state or federal law;
(e) Assisting the Department ,in mapping transportation planning boWldaries required by state or
federal law;
(f) Assisting the Department in performing its duties relating to access management, functional
classification of roads,' and data. Collection; and
(g) Performing Such other tasks presently.or hereafter required by state or federal law.
Section 2.03. :MJ>O decisions coordinated with FOOT and consistent with conmrehensive olans,
Chapter 334, Florida Statutes. grants the broad authority for the Department's role in. transportation. Section 334.044,
Florida Statutes. shows the legislative intent. that the Depa.rtment sba11 be responsible for coordinating the planning
of a safe, 'Viable and balanced state transportation system serving all regions of the State. Section 339.155, Florida
Statutes. requires the Department to develop a statewide transportation plan, which considers, to the maximum extent
feasible, strategic regional policy plans, MFO plans, and approved local government compre.bensive plans. Section
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339.175, Florida Statutes, specifies the authority and responsibility of the, MPO and the Department in the
management of a continning, cooperative, and comprehensive transportation planning process for the metropolitan
area..
In. fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339,
Florida Statutes, the Deparime.nt and aD. parties to this Agreement acknowledge that the provisions of the Local
Gove.rmnent Comprehensive Plmming and Land Development Regulation Act, Sections 163.3161.3215, Florida
Statutes, are applicable to this AgrffiTTlent, The parties to this Agreement shall take particular care that the planning
processes and pl.a.mJi.ng integrity of local governme.m.s as set forth in aforementioned law shall not be infringed upon.
.ARTICLE 3
MPO ORGANlZATION AND CREATION
Section 3.01. Establishment of :MPO. TheMPO fer themetropoIitan area as described in the
membership apportinrnnem plan approved by the Governor is hereby created and established plII'SWlIlt to the
Agreemcot to c:my out the purposes and functions set forth in Articles 2 and 5. The legal name of this metropolitan.
p1a.nning organization shall be the Indian River Coumy Metropolitan Planninf Organization-
Section 3.02. MPO to qperate pursuant to law. In the event that any election. referendum,
approval. permit, notice, otber proceeding or authorization is required under applicable law to underl:a.ke any power,
duty, 'or respo:nsi.bnity hereunder, or to observe, assume, c:r carry out any of the provisions of this Agr~P.r1t. the
MPO will, to the extent of its legal capacity, comply with all applicable laws and requirements.
Section 3.03. Governinl! board to act as policv-makinl! bodv ofMPO. The governing board
'established pursuant to Section 4.01 of this Agreement shall be 'the poli~-maldng bOOy forum of the MPO
responsible far ,cooperative decision-mllkine of actions taken by the MPO. The Governing Board is the policy-
making body that is the forum for cooperative decision-making and wiD. be taking the required approval action as the
MPO.
Section 3.04. Submission ofproceedinl!S: Contracts and other documents. Subjecttotberight
to claim. an exemption from the Florida Public Records Law, Chapter 119, Florida 'Statutes, the parties shall submit
to each ~ sw:h data.; reports, records, contracts, and other documents rela.ting to its pf:r:formance as a metropolitan
planning organization as is requested. Charges to be inaccadance with Chapter 119, Florida Statutes.
Section 3.05. RiQ"hts:ofreview. All parties to this Agreement, and the affected Federal funding
agency (ie., FHW A, FI'A, and FAA) shall have the rights of technical review and comment of MPO projects.
ARTICLE 4
COMPOSmON: MEMBERSHIP: TERMS OF OFFICE
Section 4.01.
COlllPosition and membershin of I!overninl! board.
(a) Themem.be:rsbip of tbe MPO shall consist ofTen (10) voting representatives and two (2) n0n-
voting representative. The names of the member local governT1lE'.ntlll entities and the voting apportionment of the
governing board as approved by the Governor shall be as foTIows:
Indian River County Board of County Commissioners (4)
CityofVero Beach (2)
City of Sebastian (1)
City ofFe11smere (1)
Town of Indian River Shares (1)
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School District of Indian River Gounty (1)
Florida. Depa.rtmeDt of Transportation (I-nonvoting)
Town of Orchid (I-nonvoting)
(b) AD voting rejJrese:rttatives shall be elected officials of general pnrpose local governments, except
to the extent that the MPO includes, as .part of its apportioned voting membersbip, an official of an agency that
operates or admiDisters a major mode of transportation. An individuals acting as a representative of the governing
board of the county, the city, or authority shall first'be selected by said governing board.
(c) In no event shall the county commission representatives constitnte less than 'one-third of the total
mnnber of representatives on tbe MPO.
(d) In the event that a gOVeJ'11m~ntJ:ll entity that is a member of the MPO fails to :fill an assigned
appointme.nt to the 'MPO within sixty (60) days after notification by the Governor of its duty to appoint a
representative, that appnintmP.nt sba11 be made by the,Governor from the eIigfble individuals of tbat governmental
~ty. '
Section 4.02. Terms. Thetermofafficeofmembers of tbe MPO shan be four (4) years. The
membership of a member who is a public official automatically terminates upon said officiallea.ving the elective or
appointive office far any reason, cr may be tPnTlinJ:l:te(l by a majority vote of the total membership of the governmental
entity represented by the member. A vacancy shall be filled by the original appoiIlting entity. A member may be
appointed for one or more additional four (4) year terms.
ARTICLES
AUTHORITIES. POWERS. DUTIES AND RESPONSIBTI..ITIES '
Section 5.0 1. General authoritv. '!'be MPO shall have an autboriti.es, powers and duties, e:qjoy
all rights, privileges, and imTTnmi'ties, exercise an responsibilities and perform all obligatiODS'necessary or appropriate
to managing a continuing, cooperative, and comprehensive transportation pJannine process as specified in Section
339.175(4) and (5), Florida Statutes. '
Section 5'.02.
SJlecific authoritv'and powers.
The MPO shall have the following powers and
, , '
authority:
, . ,(a) As provided.in Section 339.175(5)(g), Florida Statutes, the MPO may employ person.neJ
and/or may enter into contracts with local, or state agencies and private plannine or engineering firms to utilize the
staff resources of1ocal and/or state agencies; ,
(b) As provided in Section 163;01(14), Florida Statutes, tbeMPO may enter into contracts for
the perfOI'IIl2DCe of service functions of public agencies;
(c) As provided in Section 163.01(5)0), Florida S1:at:tm:s, tbeMPO may acquire, own, operate,
ml'lint~i'J'\, sen., or 1easerea1-and personal property;
(d) ~proYided in Section 163.01(5)(m), Florida Sta1lItes, tbe:MPO may accept funds. grants,
assistance, gifts or bequests from local, State, and Federal resources;
(e) The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations
enumerated herein; provided, that said niles do not supersede or conflict with applicable local and state laws, rules
and regulations; and] ,
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(f) 'The MPO sbaJIhave such powers and authority as speci:ficaDy provided in Sections 163:01
and 339.175, Florida Stat1ltes. and as may otherwise be provided by federal Cl'statelaw.
Sectian.5.03.
responsibilities:
Duties and resoDDSlbilities.
The MPO shall have the following daties and
(a) As provided in Section.339.175(5)(d), Florida Statutes, the MPO shall create and appoint
a technical advisory committee;
(b) As provided in Section 339.1 75 (5)(e), Florida Stannes, the MPO shall create and appoint
a citizens' advisory committee; ,
(c) As provided in Section 163.01(5)(0), Florida Statutes, the MPO membership shall be jointly
alld severally liablefor liabilities, and the MPO may respond to such liabilities thrOUgh the purchase of insurance or
bonds, the retcn:ti.an of legal counsel, and, as appropriate, the approval of ,settJ~P.Uts of claims by its governing
boar~ '
(d) As provided in Section 339.l75(&),'Flcrida Statutes, tbeMPO &ball establish a budget which
shall operate on a fiscal year basis ccinsistent with any reqoircmects of the lillified PlanniTlg Wark Program;
(e) The MPO, in COCJpe:'atian With tbe DepartIDe.Dt, sball carry out the metropolitan transportation
planning process asI~ed'by 23 CPR. Part 420 and 450, am 49 CPR Part 613, Subpart A. and consistent with
Chapter 339, Flarich. Statutes, and other applicable state and loca1laws;
ef) ,M provided in Section 339. 1 75 (9)(a) , Florida Statutes, the MPO shan enter:into agreements
with the Deparn:nem, ,operators of public transportation systems and the metropolitan and regional inte:rgovernmmal
coordinati(lJ1 and review agencies serving the metropolitan area. These agr~P..nts will prescnbe the cooperative
manner in. which 1iIe transportation planning process will be coordinated and included in the comprehensively
planned devclopmem of'the area; , , , ,
(g) Prepare the Long-Range Transportation Plan;
(h) In cooperation with the Depart:ment, prepare tbe Tr3IlSportation Improvement Program;
(i) In cooperation with the Depart:Illent, prepare and ,annually update the Unified Planning Work
Program.;
m Prepare a congestion management system for the metropolitan area;
(k) Assist the Department in mapping transportation planning boundaries required by state or
federal law; ,
(1) Assist the Department in perfa:ming its chtties re1atiIig to access management, functional
classification of roads, and data collection;
(m) Perform such other tasks presect1y or hereafter required by state or federal law;
(n) Execute certifications and agree.mPnts necessary to comply with state or federal law; and
(0) Adopt operating rules and procedures.
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, ARTICLE 6
FUNDING: Th"VENTORY REPORT: RECORD-KEEPING
Section 6.01. FnncHnCJ. The Department sba1l allocate to the MPO for its performance ofits
transportation planning and programmine dcrties, an appropriate amount of federal transportation planning funds.
Section 6.02. Inventorv r~ort. The MPO agrees to inve.ntary, to mainta;'I) records of and
to insure prqperuse, control, and disposal of an n.onexpendable tangible property acquired pursuant to funding under
this Agreement. This shall be done in accordance with the requirements of 23 CPR. Part 420, Subpart.A, 49 CPR Part
18, Subpart C, and all other ~pplicable fe&:xal regulations. "
Section 6.03. Record-kee.pin2 and document retention. The Department and the MPO shall
prepare and retain all records in accordance with the federal and state requirements, including but not limited to 23
CFR Part 420, Subpart A, 49 CPR Part l8d, Subpart C, 49 CFR Section 18,42, and Chapter 119, Florida Statutes.
ARTICLE 7
MISCEILANEOUS PROVISION
Section 7.01. ConstitIrtional or statntorv duties and res,poDsibilities of parties. T his
Agreement shaD. not be cOnstIued to autborize the delegation of the. CODStttutional or statutory duties of any of the
parties. In addition, this Agreemen1 does not relieve any of the parties of an obligation or responsibility imposed
upcm them by law. except to the extent of BCtnal and timeJ.y performance tbcreofby one or mare of the parties to this
Agree;ment or any legal or administrative entity created or authorized by this Agreement, in which case this
performance may be offered in satisfaction of the obligation or responsibility.
Section 7.02. .Amenciml"Jrt of Alrreement. ,Aml'!1'lrlml'!l1t.r::ar mocli:fications oftbis Agreement may
only be made by Mitten agreement signed by an parties here to with the same forma1iti.es as the original Agreement.
No amendI:nent may alter the apportionment or jurisdictional boundaries of the MPO witb.mrt approval by tile
Governor.
Section 7.03.
Duration: withdrawal procedure.
(a) Duration. This Agreement shall remain in effect until terminated by the parties to this
Agreement; ,pro:vided,' however, that by no later than December 31, 2002 and at least every five (5) years thereafter,
the Governor shall examine the composition of the MPO membership and reapportion it as necessary to comply with
Section 339.175, Florida Statutes, as appropriate. During ex8.lllina.ti.on oftbe :MPO apportionment eve.ryfive (5) years
by the Governor, this Agreementsball be reviewed by the MFO and the Depa.rtIncnt to confirm the validity of the
contents and to recommend a.meJldments, if any, that are required
. (b) Withdrawal procednre. Any party, except Indian River County and the United States Bureau
of the' Census designated center city, .may withdraw from ,this Agreemen:t after presenting in written form a notice
of intent to withdraw to the other p-arties to this Agreement and the Indian. River County MPO, at least ninety (90)
days prior to the inteunf".d date of w.itb.drawal. Upon receipt of the intP.T1o(".d notice of withdrawal: '
(1) The withdrawing member and the :MPO shaD. execute a memorandum reflecting the
withdrawal of the member and alteration of the list of member govern:ments that are signatories to this Agreement.
Thememora.nclum shaJl be:filed in 100 Office of the <;1er.k. of the Circuit Court of each. county in which. a party hereto
is located; and
(2) The Office of tbe Gove.rn.ar shall be contacted, and the Governor, with the agreement of
the rem~;ning members of the MPO, shan determine whether any reapporticmm.etl! of the n1embership shall be
appropriate. The Governor and the MPO shall review the previous MPO designation. applicable Florida and local
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law, and MPO ~ for appropriate revision. In the event that another entity is to accorded membership in the place
of the membe"J' withdrawing from the MPO, the parties acknowledge that pursuant to 23 CPR Section 450. 306(k) ,
addIng II1e1Dbetsbip to tbe MPO does not automatically require redesignation of the MPO. In the event: that a party
who is not a signa.tcry to this Agr~ is accorded IDfmbersbip on the MPO, membership &ball not become
effective u.n1D. this Agreement is amP'nried to reflect that the new membe"J' bas joined the MPO.
Section '7.()4.. Notices. All notices, rl~1TUlnrk and carrespcmdence required or provided for
under this Agreement sll2ll be in writing and delivered in person eX' dispatcbed by ce.rti:fi.ed mail, postage prepaid,
return receipt requested Notice required to be given shall be addressed as follows:
Indian River County
Board of County Commissioners
1840 251h Street
Vero Beach. F1 32960-3365
City of Ve:ro Beach
1053 20th Place
Vero Beach. F132960
City of Sebastian
1225 Main Street
Sebastian, Fl 32958
City of Fe1L.ml/''!l'''e
21 South Cypress Street:
Fellsmere, F1 32948
Town of Indian River Shores
6001 North SR AlA
Indian River Shares, Fl 32963
School District Of Indian River County
1990 25th Street
Vero Beach, PI 32960
Town of ' Orchid
'9955 North, SR AlA '
Orchid, PI 32963
Florida Department of Transportation
3400 W. Commercial Boulevard
Ft Lauderdale, Fl 33309-3421
A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided
in1his section. Thereafter, notices, demands and other pertinent carespnnnp.l1ce shall be addressed and tra.nsmitted
to the new address.
Section 7.05.
Interoretation.
(a) Drafters of A!rreement. The Department and the members of the MPO were each
represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this
Agreement and in choice of wording.' Consequently, no provision. he:reof should be more strongly cOllStrued against
any party as drafter of 1biB Agrf"P-1T1Mt
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(b) Severabflitv. Invalidation of anyone of the proviSions of this Agreement or any part,
clause or ward hereof, or the application thereof in specific circumstances, by judgement, court order, or
administrative hearing or order shan riot affect any other provisions or applications in other cirClJIIlStances, all of
which sball. remain in fuIl. force and effect; provided, that such rem::linder would then CODtimIe to conform to the terms
and requirements of applicable law.
{c) Rules of constrnction. IniDtetpreting this Agreement, tbefonowiog rules of construction
shaD. apply unless the context indicates otherwise:
(1) The singular of any word or term. includes the plural;
(2) Themascu1ine gender includes the fen1inin~ gender; and
(3) The word "shall" is mandatory, and "may" is permissive.
. Section 7.06. Ellforcement: bvparties hereto. In the event of any judicial or ad:mi.nistrative action
to enforce or interpret this Agreem.ent by any party hereto, each party shaD. bear its own. ~tlmIey' s fees in COImeCtion
with such prOCPPfiinE. .
Section 7.07. Al7T'PPJnI"111: execution: Use of COUIIteI;J:lart signature Jla~es. This .Agreement, and
any amenrlmP.T1t~ he:rete, may be simultaneously executed in several COU1lterparts, each of wllicb. so executed shall
be rll"P.T1)ed to be an. original.. and such counterparts together sh.a.llconstitute one and the same i11strument.
Section 7.08.
Effective date: Cost of recordation.
(a) Effective date. This Agreement shall become effective upon its filing in the Office of the
Clerk of the Circuit Court of each couIl!y in w:bic:h a party hereto is located. .Any lIm!'!T'l~t hereto shall. become
effective only upon its :filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto
is located.
(b) Recordation. The Department hereby agrees to pay for any costs of recordation or filing of
this Agreement in the Office of the Circuit Conrt for ea.cb county in which a party is hereto locatecl. The recorded
or :filed original hereof, or any Rm!'!T'lrlm~" sbaII be returned to the :MPO for :filing in its records.
IN WITNESS WHEREOF, the undersigned parties have executed this Inte.rlocal Agreement on
behalf of the referenced legal entities and hereby establish the above designated N.IPO.
Pap!lof 11
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Signed. Sealed and Delivf'l'ed in the presence ot
INDIAN RIVER COUNTY
BOARD OF COUNTY CO:MMISSIONERS
By:
Chairman
Attest:
Clerk:
CITY OF VERO EEACH
By:
Mayor
Attest:
City Clerk
CITY OF SEBASTI.~
By:
CITY OF FELLSMERE
By:
Mayor
Attest:
City Clerk
TOWN OF INDIAN RIVER SHORES
By:
Mayor
Attest:
Town Clerk
PaselOaf 11
4 ~ '.
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TOWN OF ORCHID
:By:
Mayor
Attest:
Town . Clerk
SCHOOL DISTRICT OF INDIAN RIVER COUNTY
By:
Chainnan
Attest:
Clerk
. .
FLORIDA DEPARTMENT OF TRANSPORTATION
By:
District Secretary
Attest:
Clerk
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