HomeMy WebLinkAboutR-04-27
RESOLUTION NO. R-04-27
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
REPEALING RESOLUTION NO. R-00-53, AUTHORIZING THE MA'yOR TO EXECUTE A
REVISED INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER
METROPOLITAN PLANNING ORGANIZATION; PROVIDING FOR CONFLICTS; 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, City Council adopted Resoiution No, R-00-53, approving a revised interlocal agreement
creating the Indian River County Metropolitan Planning Organization (MPO); 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 "STATE OF FLORIDA
DEPARTMENT OF TRANSPORT A TION INTERLOCAL AGREEMENT FOR CREA TION 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 All Resolutions or parts of Resolutions in conflict herewith are hereby repealed,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 Council member Barczyk . The
motion was seconded by Councilmember Monier and, upon being put into a vote, the vote
was as follows:
Mayor Nathan B, McCollum aye
Vice Mayor Joe Barczyk aye
Councilmember Ray Coniglio aye
Councilmember Mike Heptinstall aye
Council member Lisanne Monier aye
The Mayor thereupon declared the Resolution duly passed and adopted this 14 th day of
July ,2004,
~
By:
Nath
1580535 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 1787 PG: 1800, 10/07/2004 09:17 AM
FORM 525-010-01
POLICY PLANNING
OGC - 07/03
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
INTERLOCAL AGREEMENT FOR CREATION OF THE
METROPOLITAN PLANNING ORGANIZATION
THIS lNTERLOCAL AGREEMENT is made and entered into this ~day of ~2004, by and
between the FLORIDA DEPARlMENT OF TRANSPORTA nON; the COUNTY OF INDIAN RIVER; the
CITIES OF VERO BEACH, SEBASTIAN, and FELLSMERE; the TOWNS OF INDIAN RIVER SHORES and
ORCHID; and the SCHOOL DISTRICT OF INDIAN RIVER COUNTY.
RECITALS
WHEREAS, the Federal Government, under the authority of23 United States Code 134 and 49 United
States Code 5303, requires each metropolitan area, as a condition to the receipt offederal capital or operating
assistance, to have a continuing, cooperative, and comprehensive transportation planning process that results in
plans and programs consistent with the comprehensively planned development of the metropolitan area, and
further requires the State Transportation Agency and the Metropolitan Planning Organization to enter into an
Agreement clearly identifying the responsibilities of each party for cooperatively carrying out such
transportation planning;
WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the
performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure
that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly located
and developed in relation to the overall plan of community development;
WHEREAS, 23 United States Code Section 134, as amended by the Intermodal Surface Transportation
Efficiency Act of 1991 and the Transportation Equity Act for the Twenty-first Century (public Law 105-178,
112 Stat. 107),49 United States Code 5303-5307, 23 Code of Federal Regulations 450.306, and Section
339.175, Florida Statutes, provide for the creation of Metropolitan Planning Organizations to develop
transportation plans and programs for metropolitan areas;
WHEREAS, pursuant to 23 United States Code 134(b), 49 United States Code 5303, 23 Code of Federal
Regulations 450.306(a), and Section 339.175, Florida Statutes, a determination has been made by the Governor
and units of general purpose local government representing at least 75% of the affected population (including
the central city or cities) in the metropolitan area to designate a Metropolitan Planning Organization;
WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Mr. Walter Barnes, MPO
Chairman, dated April 5,2004, the Governor has agreed to the apportionment plan of the members of the
proposed Indian River County Metropolitan Planning Organization as set forth in this Agreement;
WHEREAS, pursuant to 23 Code of Federal Regulations 450.306( c), and Section 339. 1 75(1)(b), Florida
Statutes, an interlocal agreement must be entered into by the Department and the governmental entities
designated by the Governor for membership on the MPO;
WHEREAS, the interlocal agreement is required to create the Indian River County Metropolitan
PI arming Organization and delineate the provisions for operation of the MPO;
WHEREAS, the undersigned parties have determined that this Interlocal Agreement satisfies the
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CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
BK: 1787 PG: 1801
FORM 525-010-01
POLICY PLANNING
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requirements of and is consistent with Section 339.17 5( I)(b), Florida Statutes;
WHEREAS, pursuant to Section 339.175(1 )(b), Florida Statutes, the interlocal agreement must be
consistent with statutory requirements set forth in Section 163.oI, Florida Statutes, relating to interlocal
agreements; and
WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with
the requirements of Section 163.01, Florida Statutes.
NOW, TIffiREFORE, in consideration of the mutual covenants, promises, and representation herein, the
parties desiring to be legally bound, do agree as follows:
ARTICLE 1
RECITALS; DEFINITIONS
Section 1.01. Recitals. Each and all of the foregoing recitals are 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 following words when used in this Agreement (unless the context shall
clearly indicate the contrary) shall have the following meanings:
"Agreement" means and refers to this instrument, as amended from time to time.
"Department" shall mean and refer to the Florida Department of Transportation, an agency of the State of
Florida created pursuant to Section 20.23, Florida Statutes.
"FHW A" means and refers to the Federal Highway Administration.
"FTA" means and refers to the Federal Transit Administration.
"Long-Range Transportation Plan" is the 20-year plan which: identifies transportation facilities; includes
a financial plan that demonstrates how the plan can be implemented and assesses capital improvements
necessary to preserve the existing metropolitan transportation system and make efficient use of existing
transportation facilities, indicates proposed transportation enhancement activities; and in ozone/carbon
monoxide nonattainment areas is coordinated with the State Implementation Plan, all as required by 23 USC
Section 1 34(g), 23 CFR Section 450.322, Section 339.175(6), Florida Statutes.
"Metropolitan Area" means and refers to the planning area as delineated by the MPO for the urbanized
area containing at least a population of 50,000 as described in 23 U.S.C. 1 34(b)(I), 49 U.S.C. Section
5303(c)(I), and Section 339.175, Florida Statutes, which shall be subject to the Metropolitan Planning
Organization' planning authority.
"MPO" means and refers to the Metropolitan Planning Organization formed pursuant to this Agreement.
"Transportation Improvement Program" (TIP) is the is the staged multi-year program of transportation
improvement projects developed by a Metropolitan Planning Organization consistent with the Long-Range
Transportation Plan and developed pursuant to title 23 United States Code 1 34(h), 49 United States Code 5304,
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CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
BK: 1787 PG: 1802
FORM 525-010-01
POLICY PLANNING
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23 Code of Federal Regulations 450.324 and Section 339.175, Florida Statutes.
"Unified Planning Work Program" (UPWP) is the annual program developed in cooperation with the
Department and public transportation providers, that lists all planning tasks to be undertaken during a program
year, together with a complete description thereof and an estimated budget, all as required by 23 CFR 450.314,
and Section 339.175(8), Florida Statutes.
ARTICLE 2
PURPOSE
Section 2.01. General Puroose. The purpose of this Agreement is to establish the Indian River County
Metropolitan Planning Organization:
(a) To assist in the development of transportation systems embracing various modes of
transportation in a manner that will maximize the mobility of people and goods within and through this
metropolitan area of this state and minimize, to the maximum extent feasible for transportation-related fuel
consumption and air pollution;
(b) To develop transportation plans and programs, in cooperation with the Department, which plans
and programs provide for the 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 continuing, cooperative, and comprehensive transportation planning
process that results in coordinated plans and programs consistent with the comprehensively planned
development of this affected metropolitan area in cooperation with the Department;
(d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23
U.S.C. 34 and 49 U.S.C. 5303, 5304, 5305 and 5306; and
(e) To carry out the metropolitan transportation planning process, in cooperation with the
Department, as required by 23 U.S.C. 134 and 49 U.S.C. 5303, 5304, 5305 and 5306; 23 CFR 420 and 450, and
49 CFR Part 613, Subpart A: and consistent with Chapter 339, Florida Statutes, and other applicable state and
local laws.
Section 2.02. Maior MPO Responsibilities. The MPO is intended to be a forum for cooperative
decision making by officials of the governmental 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 ~ required by state or federal law;
(e) Assisting the Department in mapping transportation planning boundaries required by state or
federal law;
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CERTIFICATION ON LAST PAGE
J.K. BARTON1 CLERK
BK: 1787 PG: 1803
FORM 525-010-01
POLICY PLANNING
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(1) 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. MPO decisions coordinated with FDOT and consistent with comorehensive 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 Department shall 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, MPO plans, and approved local government
comprehensive plans. Section 339.175, Florida Statutes, specifies the authority and responsibility of the MPO
and the Department in the management of a continuing, 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 Department and all parties to this Agreement acknowledge that the provisions of the
Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161-3215,
Florida Statutes, are applicable to this Agreement. The parties to this Agreement shall take particular care that
the planning processes and planning integrity of local governments as set forth in aforementioned law shall not
be infringed upon.
ARTICLE 3
MPO ORGANIZATION AND CREATION
Section 3.01. Establishment ofMPO. The MPO for the metropolitan area as described in the
membership apportionment plan approved by the Governor is hereby created and established pursuant to the
Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this
Metropolitan Planning Organization shall be the Indian River County Metropolitan Planning Organization.
Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum,
approval, permit, notice, other proceeding or authorization is required under applicable law to undertake any
power, duty, or responsibility hereunder, or to observe, assume, or carry out any of the provisions of this
Agreement, the MPO will, to the extent ofits legal capacity, comply with all applicable laws and requirements.
Section 3.03. Governinl! board to act as oolicv-makinl! body ofMPO. The governing board
established pursuant to Section 4.01 of this Agreement shall be the policy-making body forum of the MPO
responsible for cooperative decision-making of actions taken by the MPO. The governing board is the policy-
making body that is the forum for cooperative decision-making and will be taking the required approval action
as the MPO.
Section 3.04. Submission oforoceedinas: Contracts and other documents. Subject to the right to
claim an exemption from the Florida Public Records Law, Chapter 119, Florida Statutes, the parties shall submit
to each other such data, reports, records, contracts, and other documents relating to its performance as a
metropolitan planning organization as is requested. Charges are to be in accordance with Chapter 119, Florida
Statutes.
Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal funding
agency (Le., FHWA, FTA, and FAA) shall have the rights of technical review and comment ofMPO projects.
A TRUE COPY
CERTIFICATION ON lAST PAGE
J-K BARTON) CLERK
BK: 1787 PG: 1804
FORM 525-010-01
POLICY PLANNING
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ARTICLE 4
COMPOSITION; MEMBERSHIP; TERMS OF OFFICE
Section 4.01. Comoosition and membershio of l!overninl! board.
(a) The membership of the MPO shall consist of twelve (12) voting representatives and two (2)
non-voting representatives. The names of the member local governmental entities and the voting apportionment
of the governing board as approved by the Governor shall be as follows:
Indian River County Board of County Commissioners (5)
City ofVero Beach (2)
City of Sebastian (2)
City of Fellsmere (1)
Town oflndiap River Shores (1)
Indian River County School District (1)
Town of Orchid (1 nonvoting)
Florida Department of Transportation (1 nonvoting)
(b) All voting representatives shall be elected officials of general purpose local governments,
except to the extent that the MPO includes, as part of its apportioned voting membership, a member of a
statutorily authorized planning board or an official of an agency that operates or administers a major mode of
transportation. All 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 constitute less than one-third of the
total number of representatives on the MPO.
(d) In the event that a governmental entity that is a member of the MPO fails to fill an assigned
appointment to the MPO within sixty days after notification by the Governor of its duty to appoint a
representative, that appointment shall be made by the Governor from the eligible individuals of that
governmental entity.
Section 4.02. Terms. The term of office of members of the MPO shall be four years. The
membership of a member who is a public official automatically terminates upon said official leaving the elective
or appointive office for any reason, or may be terminated by a majority vote of the total membership of the
governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A
member may be appointed for one or more additional four year terms.
ARTICLE 5
AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES
Section 5.01. General authority. The MPO shall have all authorities, powers and duties,
enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or
appropriate to managing a continuing, cooperative, and comprehensive transportation planning process as
specified in Section 339.175(4) and (5), Florida Statutes.
authority:
Section 5.02. Specific authority and oowers. The MPO shall have the following powers and
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CERTIFICATION ON LAST PAGE
J,K, BARTON, CLERK
BK: 1787 PG: 1805
FORM 525-010-01
POLICY PLANNING
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(a) As provided in Section 339.1 75(5)(g), Florida Statutes, the MPO may employ personnel
and/or may enter into contracts with local or state agencies and private planning or engineering firms to utilize
the staff resources of local and/or state agencies;
(b) As provided in Section 163.01(14), Florida Statutes, the MPO may enter into contracts
for the performance of service functions of public agencies;
(c) As provided in Section 163.01(5)0), Florida Statutes, the MPO may acquire, own,
operate, maintain, sell, or lease real and personal property;
(d) As provided in Section l63.0l(5)(m), Florida Statutes, the 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 rules do not supersede or conflict with applicable local and state laws,
rules and regulations; and]
(f) The MPO shall have such powers and authority as specifically provided in Sections
163.01 and 339.175, Florida Statutes, and as may otherwise be provided by federal or state law.
Section 5.03. Duties and respOnsibilities. The MPO shall have the following duties and
responsibilities:
(a) As provided in Section 339.1 75(5)(d), Florida Statutes, the MPO shall create and appoint
a technical advisory committee;
(b) As provided in Section 339. 175(5)(e), Florida Statutes, 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 and severally liable for liabilities, and the MPO may respond to such liabilities through the purchase of
insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of settlements of claims by
its governing board;
(d) As provided in Section 339.175(8), Florida Statutes, the MPO shall establish a budget
which shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work
Program;
(e) The MPO, in cooperation with the Department, shall carry out the metropolitan
transportation planning process as required by 23 CFR Parts 420 and 450, and 49 CFR Part 613, Subpart A, and
consistent with Chapter 339, Florida Statutes, and other applicable state and local laws;
(f) As provided in Section 339. I 75(9)(a), Florida Statutes, the MPO shall enter into
agreements with the Department, operators of public transportation systems and the metropolitan and regional
intergovernmental coordination and review agencies serving the metropolitan area. These agreements will
prescribe the cooperative manner in which the transportation planning process will be coordinated and included
in the comprehensively planned development of the area;
(g) Prepare the Long-Range Transportation Plan;
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CERTIFICATION ON LAST PAGE
J,K. BARTON. CLERK
BK: 1787 PG: 1806
FORM 525-010-01
POLICY PLANNING
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(h) In cooperation with the Department, prepare the Transportation Improvement Program;
(i) In cooperation with the Department, prepare and annually update the Unified Planning
Work Program;
G) 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 performing its duties relating to access management, functional
classification of roads, and data collection;
(m) Perform such other tasks presently or hereafter required by state or federal law;
(n) Execute certifications and agreements necessary to comply with state or federal law; and
(0) Adopt operating rules and procedures.
ARTICLE 6
FUNDING; INVENTORY REPORT; RECORD-KEEPING
Section 6.01. Fundim!. The Department shall allocate to the MPO for its performance of its
transportation planning and programming duties, an appropriate amount of federal transportation planning
funds.
Section 6.02. Inventory renort. The MPO agrees to inventory, to maintain records of and to
insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding
under this Agreement. This shall be done in accordance with the requirements of23 CFR Part 420, Subpart A,
49 CFR Part 18, Subpart C, and all other applicable federal regulations.
Section 6.03. Record-keeninlZ 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 CFR Part 18, Subpart C, 49 CFR 18.42, and Chapter 119, Florida Statutes.
ARTICLE 7
MISCELLANEOUS PROVISIONS
Section 7.01. Constitutional or statutory duties and resnonsibilities of parties. This
Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of
the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility
imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the
parties to this Agreement 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. Amendment of Agreement. Amendments or modifications of this Agreement
may only be made by written agreement signed by all parties here to with the same formalities as the original
Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO without
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CERTIFICATION ON LAST PAGE
J.K, BARTON, CLERK
BK: 1787 PG: 1807
FORM 525-010-01
POLICY PLANNING
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approval by the Governor.
Section 7.03.
Duration: withdrawal orocedure.
(a) Duration. This Agreement shall remain in effect until terminated by the parties to this
Agreement; provided, however, that by no later than July I, 2009 and at least every five 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 examination of the MPO apportiorunent every
five years by the Governor, this Agreement shall be reviewed by the MPO and the Department to confirm the
validity of the contents and to recommend amendments, if any, that are required.
(b) Withdrawal orocedure. Any party, except Indian River County and the United States
Bureau of the Census designated center city(ies), may withdraw from this Agreement after presenting in written
form a notice of intent to withdraw to the other parties to this Agreement and the MPO, at least 90 days prior to
the intended date of withdrawal. Upon receipt ofthe intended notice of withdrawal:
(1) The withdrawing member and the MPO shall execute a memorandum reflecting the
withdrawal of the member and alteration of the list of member governments that are signatories to this
Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court of each county in
which a party hereto is located; and
(2) The Office of the Governor shall be contacted, and the Governor, with the agreement of
the remaining members of the MPO, shall determine whether any reapportiorunent of the membership shall be
appropriate. The Governor and the MPO shall review the previous MPO designation, applicable Florida and
local law, and MPO rules for appropriate revision. In the event that another entity is to accorded membership in
the place of the member withdrawing from the MPO, the parties acknowledge that pursuant to 23 CFR
450.306(k), adding membership to the MPO does not automatically require redesignation of the MPO. In the
event that a party who is not a signatory to this Agreement is accorded membership on the MPO, membership
shall not become effective until this Agreement is amended to reflect that the new member has joined the MPO.
Section 7.04. Notices. All notices, demands and correspondence required or provided for
under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage
prepaid, return receipt requested. Notice required to be given shall be addressed as follows:
Indian River County
Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960-3365
City of Vero Beach
1053 20th Place
Vero Beach, FL 32960
City of Sebastian
1225 Main Street
Sebastian,FL 32958
City of Fellsmere
21 South Cypress Street
Fellsmere, FL 32948
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CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
BK: 1787 PG: 1808
FORM 525-010-01
POLICY PLANNING
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Town of Indian River Shores
6001 North SR AlA
Indian River Shores, FL 32963
Indian River County School District
1990 25th Street
Yero Beach, FL 32960
Town of Orchid
9955 North SR AlA
Orchid, FL 32963
Florida Department of Transportation
3400 West Commercial Blvd.
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 in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed
and transmitted to the new address.
Section 7.05.
Interpretation.
(a) Drafters of Agreement. 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 hereof should be more strongly construed
against any party as drafter of this Agreement.
(b) Severabilitv. Invalidation of anyone of the provisions of this Agreement or any part,
clause or word hereof, or the application thereof in specific circumstances, by judgement, court order, or
administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of
which shaH remain in full force and effect; provided, that such remainder would then continue to confonn to the
terms and requirements of applicable law.
(c) Rules of construction. In interpreting this Agreement, the foHowing rules of
construction shall apply unless the context indicates otherwise:
(1) The singular of any word or term includes the plural;
(2) The masculine gender includes the feminine gender; and
(3) The word "shall" is mandatory, and "may" is permissive.
Section 7.06. Enforcement by oarties hereto. In the event of any judicial or
administrative action to enforce or interpret this Agreement by any party hereto, each party shall bear its
own attorney's fees in connection with such proceeding.
Section 7.07. Agreement execution: Use of countemart silffillture oal!es. This
Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, each
of which so executed shall be deemed to be an original, and such counterparts together shall constitute
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J.K. BARTON, CLERK
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FORM 525-010-01
POLICY PLANNING
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one and the same instrument.
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 county in which a party hereto is located. Any
amendment 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 Court for each county in which a party is hereto
located. The recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing
in its records.
IN WITNESS WHEREOF, the undersigned parties have executed this lnterlocal
Agreement on behalf of the referenced legal entities and hereby establish the above designated MPO.
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CERTIFICATION ON LAST PAGE
J.K, BARTON, CLERK
BK: 1787 PG: 1810
FORM 525-010-01
POLICY PLANNING
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Signed, Sealed and Delivered in the presence of:
INDIAN IUVER COUNTY
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A TRUE COpy
CERTIFICATION ON LAST PAGE
J.K. BARTON1 CLERK
BK: 1787 PG: 1811
FORM 525-010-01
POLICY PLANNING
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By:
~ p/~c.Je. fe eo ~,:HQ.J.J /efler -(:'''0/'11. +~e 70""1\ vf. 0,.,"; J
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
. .
BK: 1787 PG: 1812
FORM 525-010-01
POLICY PLANNING
OGC - 07/03
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A TRUE COpy
CERTIFICATION ON LAST PAGE
J.K, BARTON, CLERK
BK: 1787 PG: 1813
(TOWN ~RCHID)
REC" '-'0
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DePARTMEti' ..;-::...., .'~_!;r.oR,TATlON
OFFICI' (;" " '..i ~.~.)
July 8, 2004
CERTIFIED MAIL
Retum Receipt Requested
The HODOrlIblc Govcmor leb Bush
,Office of the Gcm:mor
Tbc Capitol
Talllbasacc. FL 32399-0001
Dear Governor Bush:
At ib l'DClltins of July 7, 2004, the Mayoi' and Town Council oftbe Town ofOn:bid voted
10 Rject the ApponiOlllDlllt Plan and lhe County'. nllpleIt for In iDlIlrlocU agNeIDfiIIt
submitted by the MecnlpoIitlaI PIIuaiag OIpqizlltioo ofIDdian Riw.r ColmI:y. Please be
advised that che Town of Otdlid IInlDUOusly ~ 1be atI8cbed MPO ApportiomnClQt
Plan for the fOllowing reasoos:
· Tbc Town of On::hid objects to an Apportiomncnt Plan which excludes the oo1y
incorponted COIIUIIlIDity (i.c. the Town) in Indiaa Riva' County Jiam the voting process.
While the Town ... the smallest population, we are approximIIeJy the tiJ)b wealthiest
IIIl1Dicipa1ity ill rdldOD to tBublc value pili' alpita ill 1he StIle of Florida. Locally, the
Town's taubJe value ofS417 millioo is 8.4 times dJat oftbc CityofFelJsmac. Yet the
City ofFe1lsmc:re bas a vote SlId the Town of Orchid does DOt haw. vote 011 the MPO.
· While the Town does no( object to the inclusion of the school board IS . voting
member of tho MPO, we adamantly oppose any cmap in membenbip, or lIlY plan,
which CODtin1lel1o exclude the Town of Orchid &om baving voting priviJeses.
· In the MPO 818ft' Din:cmr'. Iltt8r.bed letter, be rcfc:raac:ea tbe ~ resolutiOlll
that were lldoptcd by the voting members SlId one DOD-votiDg member (the SdIool SolId)
oflbc MPO. To our knowledge. the Town's position of~nce oftbe original
Apportioamem PlIo was DOt mcntiooccI in tbc 1qlOIt 10 the Florida Departmmt of
TrInspot1mion and the Govemcrs omcc. Ac:lioD 10 oppClIC tbc Apportiooment Plsn was
_i......y IUIIIclrizIld by the Ma)'OI' IIDd Town Council at ib February 2004 meeciDg.
In ""beequcat dixussions with the MPO Sta1fDinlctor, JeqUeBIB ware IDlIde 8110 wbetbcr
or DOt he required. ToWll resolutim of~lIiuce IIDd be adviaed that the Town'.
letter and UIIlIDimous motion against the Apportioamem Plan was sumCieoL
7406 US HIGI_ ) . Vall Bw:H. FL J2967
......: 772.S69.7686 . FAX: 771569.7688
A TRUE COpy
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
BK: 1787 PG: 1814
Governor Jeb Bush
Page 2
July S. 2004
. Tbc possibility of CItlIblishing a bmicr iIIand MPO voting member that more closely
tepn:BCDtI the Town', interest on this matter wu discussed with tho MPO Staff Director,
To date, the Town'. requelIt has not bceo CODSida:ed further, although the MPO Staff
Director has Idviscd the Town to send another formaIlcttcr to tbt; MPO.
BaSed on tho abow lII1d coasia1ent with the Town Council dOllS, tho Town;
. Formally R!ioetB lilY iDtcrloc.:al agn:cment rellliDg to the MPO Appodionme:llt Plan
UDtiI the Town is IIIOR 8CCUIlItdy npn:IICIl~ DOt IOlely b88ccl OD its popuIIiion.
Ccmsidendioo of votiDa privileaa should be giveo to dID amount of Id va10nm proccecIs
paid to the County by the Town aDd 1be Town', taxable value in reJationto oCher IDdiaD
River County COIIIDIUIIities wi1bin the Couoty.
. By c:opy of this lcUIlr to the County IIId the MPO, the Town Idvises that tbe County
WCIt 1DOl'C carefid1y with thc Town to study aItauatives (Lc. Town vociq member,
barrier isJancl vociag IDClIIIber or, if aeceaary, the creation of a1l1Ullicipallague IIId
voting member appoiDIed by the Uaguc) to CII8UIe the Town ... . fair .~ on
the: MPO.
1'bo Town is proYidiDg this lc:tta' to the Oovcmor's Oflicc ctirect1y siDCC it is our belief
tIIIIt 1be Town of Orchid'. vote of non~ of the: origiDal ApporticJmncnt Plan
WIll not clcIdy b.~ ad thus, opposing 'fieWI ofthc MPO', tul1 membenhip wac
not 8CCIIl1Ifdy meaJcd to tbe Govemor"s 0fIicc and the Florida Dq.rtm.cDt of
TllIIIIpOJtati.on.
Sincerely,
w ~
w.:;{h.tJ
Vice ~sii<<r(f ,
Town ofOrcbid
BDeIosure
00: Mayor aDd Town Council
Florida DeplIrtmcmt of1'nlDllpol1Btio
IDdiIll River County Boldd of County Commissioners
Mr. Joseph BainI, County AcImiaistl'Itor
Mr. Robert KeItin& MPO Staft'DircctDr
Mr. ADtbonyGlrpuese, ToW1l Attomey
8TAT!~~......
INDIAN RIVER \NU",'t'
TH18 810 ~fIIV
'mUE AND ~ ..1!!Df
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