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i FM 51541vat rrxicv PLANMO OW -03M 339.175, Florida Statutes, specifies the authority and resportsihility of the MPO atxl 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 163.316t-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 total governments as set forth in aforementioned law shall not he infringed upon ARTICLE 3 MPO ORGANIZATION AND CREATION Section 3.01. lstablishnuent of MP f . The MPO for the maropolltan 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 QW41c 1xtrsuant Io 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 of its legal capacity, comply with all applicable laws and requirements. Section 3.03. CQgMping hgard to act as Mijicy making body of MPO. 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 of proceedings: Conlr�3cts and other dNumcnlE. Subject to the right to claim an exemption frorn the Florida Public Records Law, Chapter 119, Florida Statutes, the parties shall subunit to catch other such data, reports, records, contracts, and other documents relating to its performance as a metropolitan planning organization as is requested. Charges to be inaccordance with Chanter 119, Florida Statutes. Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal funding agency (i.e., FHWA, FTA, and FAA) shall have the rights of technical review and camment of MPO projects. ARTICLE 4 COMPOSITION: hdEMBERSHIP, TERMS OF OFFICE Section 4.01. Ca position and memh�{ship of governing board. (a) The membership of the MPO shall consist of Ten (10) voting representatives and two (2) non- voting representative. The names of Ute 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 (4) City of Vero Beach (2) City of Sebastian (1) City of Fellsmere (1) Town of Indian Riva Sutures (1) PW 4..4 1 t