HomeMy WebLinkAboutTreasureCoastRegPngCouncilOrigInterlocalIi4TERLOCAL. AGREEMENT
CREATING THE TREASURE COAST
REGIONAL PLANNING COUNCI L
THIS AGRE MEDT made dnd entered into this /9 day of
, 1976, pursuant to authority of Section
163.0 , Florida Statutes; by and between:
INDIAN RIVER COUNTY,
ST. LUCIE COUNTY,
MARTIN COUNTY,
and
PALM BEACH COUNTY.
'I I TtiESSETH:
(WHEREAS, the Secretary, Department of Administration of
the State of Florida, has authorized the creation of a new
regional planning district to be comprised of Indian River
County, St. Lucie County, Martin County and Palm Beach County;
which shall be known as the Treasure Coast Regional Planning
Council; and,
WHEREAS, Section 163.014, Florida Statutes, provides that
"a public agency of the State of Florida may exercise jointly
with any other public agency of the State, or any other state
or of the United States Government any power, privilege or
authority which such agencies share in common and which each
might exercise separately;" and.
WHEREAS, it is the desire of the parties hereto to estab-
lish an advisory council to constituent local government in
regional, metropolitan, county, and municipal planning matters
involving land use, water resources, highways, recreational
areas, public schools, sewage and garbage disposal, public
libraries, urban development and other matters concerning the
acquisition, planning, construction, development, financing,
control, use and improvement and disposition of land, build -
j.4
r'.
7
ructures =fa01 'ities', goods; or services . in the` interes
or -public purposes involving the expenditure-
s a
e parties hereto desireto make the most efficient
u -Awe :of`their powers to cooperate for mutual advantage in conduct
ing the"" comprehensive regional planning process for the area
. within_ this:: comprehensive planning region; and,
WHEREAS, the Division of State Planning, Department of
Administration of the State of Florida, is required by Part I of
Chapter 23, Florida Statutes, to integrate the services and plans
of local governments and regional planning agencies into the
State planning process through the extent feasible; and,
WHEREAS, the Local Government Comprehensive Planning Act
of 1975, Section 163.3184(3) of the Florida Statutes assigns
to regional planning agencies the responsibility to determine
the relationship and effect of a local government's plan or
element thereof to or on any regional comprehensive plan; and,
WHEREAS, the Environmental Land and Water Management Act,
Chapter 380, Florida Statutes, assigns to regional planning
agencies the duty to study, review and make recommendations
concerning "areas of critical state concern" and "developments
of regional impact;" and,
WHEREAS, the Office of Management and Budget, Executive
Office of the President, designates the comprehensive regional
planning agencies as areawide clearinghouses responsible for
review and coordination regarding certain Federal programs.
NOW, THEREFORE,
for and in consideration of mutual promises,
covenants, benefits to accrue from conduct of a comprehensive
regional planning process, and agreements herein contained and
set forth, the principal member units do hereby establish the
Treasure Coast Regional Planning Council as a regional planning
and coordinating agency, hereinafter referred to as the COUNCIL,
a separate legal entity, and do further delegate such of their
powers as are specified herein and agree as follows:
- 2
s Ntm. a.M atele.. ....3Rl .i%)FitfaPli9%•L)3i 1§�i*l, A'SR"PYi. ;R�-3`-,'X-f Y i'- -
'7,77'74,r TTIEMS.11414M,7,:".eai:V65.W
F yzl� y Purpose The purposes of this agreement ;are
a To provide Iocal governments with a means of ex-
cising the rights, duties and powers., of a regional planning
ency as defined in Chapter 23, §163.01, and Chapter,
0, Florida Statutes, as amended, including those functions
enumerated hereinabove by preambles and other applicable Federal,
State and local laws.
b. To provide a means for conducting the comprehensive
regional planning process.
c. To provide regional coordination for the members
of the COUNCIL.
d. To act in an advisory capacity to exchange, inter-
change,'and review the various programs referred to it by the
individual members which are of regional concern.
e. To promote communication among members and the
identification and resolution of common regional -scale problems.
f. To cooperate with Federal, State, local and non-
governmental agencies and citizens to insure the orderly and
harmonious coordination of Federal, State and local planning
and development programs in order to assure the orderly, and
balanced growth and development of this region, consistent with
the protection of the natural resources and environment of the
region, and to promote safety, welfare and quality of life of
the residents of the region.
g. To encourage and promote communications between
neighboring regional planning districts in an attempt to in-
sure compatibility in development and long-range planning goals.
2. Definitions.
a. Alternate - one that takes the place of an absent
appointed representative.
b. Appointed representative - a member of the Council.
c. Member government - any county or incorporated
municipality or any association representing a group of munici-
palities located within the region.
- 3
MERWOMOMit ' ern A ;Vrt,�
:41 lit mem ,e `unit any incorporate
association representz.nga group o
cip`alities located within a county:
'rincipa1 member unit a'.cotinty signatory to
'3.YEfectjve Date, Duration, Amendment;Withdrawal
and. Termination.
The effective date of the COUNCIL shall be
execution by the principal member units.
b. This agreement shall continue in effect until
terminated as provided in Section 3.e.
c. Any amendment to this agreement shall be in
writing and set forth an effective date. To put into
effect any amendment, each principal member unit shall
adopt by a majority vote of the full board a resolution
authorizing the chairman to execute the amendment.
d. Any principal member unit hereto may withdraw
its membership by resolution duly adopted by its governing
body, and upon giving at least three (3) months written
notice of withdrawal to the Chairman or chief elected
official of the governing body of each principal member
unit without the effect of terminating this agreement. The
withdrawal shall only be effective at the close of the fiscal
year (September 30),with all funding and contractual obli-.
gations of the withdrawing principal member unit continuing
until the effective date. All property, real or personal,
of the COUNCIL on the effective date of such withdrawal
shall remain the property of the COUNCIL and the withdrawing
pr.incipql member unit shall have no right thereto.
e. This agreement may be terminated by resolution
duly adopted by the governing body of all principal member
units. The effective termination date shall be three (3) months
upon
- 4 -
ee aeo3s� sa d;resolution unless, contractuel obliga-
ong Would require;. a latex termination date.:
n"the''event there is a complete termination of:.
s, agreement, ,as", provided for in Section 3.e., which would
involvee;disposition of the property of the COUNCIL, such
property:;shall-be liquidated and each principal member unit
-shall be entitled to a share of the proceeds bearing the same
ratio to the total proceeds as the contribution of the principal
member, unit during the preceding fiscal year of the COUNCIL.
g. Further, in the case of a complete termination
of this agreement, the non -Federal matching contribution re-
quired to match any approved Federal or State grant shall be
firm. The project(s) shall be completed and the required re-
ports and accounting shall be submitted to the appropriate
agency. However, the preceding notwithstanding, if the program
may be canceled or terminated early, then it shall be and any
excess matching funds contributed by the COUNCIL shall be dis-
tributed to each principal member unit in accordance with
Section 3.f. above.
4. Membership, Voting and Term.
a. Indian River County, St. Lucie County and Martin
County, as principal member units, shall each be represented
by two (2) members. Palm Beach County, as a principal member
unit, shall be represented by three (3) members. All members
shall be selected from the respective elective governing body.
b. Each principal member unit shall appoint at least
one (1) alternate which may be either an elected official or
staff personnel. Said alternate(s) shall be approved by a
majority vote of the principal member unit.
c. Indian River County, St. Lucie County and Martin
County, in addition to the membership in Section 4.a., shall
be entitled to one (1) member each to serve on the COUNCIL.
Palm Beach County, in addition to the membership in Section
4.a., shall be entitled to three (3) members to serve on the
COUNCIL. Such members shall be elected officials nominated by
afitaiwzmammexamit, ht3 € 14i
- 5 -
}tfo.: p;a'iY`!a <<??a" s.T --.TlYili +s:,W.Wt?, "—Vik1,71!;Fa' 'cianig
participating= member unit and must .be approved by a, majority,
to of the;` fullboard of the principal member unit in which
ey "are located:.:
d Each participating member unit shall nominate an
alternate, except in Palm Beach County where there shall be three
(3) nominations. Said alternates shall be elected officials.
e. The names of all of the appointed representatives
and their alternates shall be recorded in the COUNCIL minutes.
f. For the conducting of all business, each appointed
representative:or alternate shall have an equal vote which shall
be one (1) vote for each appointed representative.
g. The basic term of office for appointed representatives
and alternates of the COUNCIL shall be for one (1) year commencing
with the January meeting in each year. The original members
shall serve from the first regular meeting of the COUNCIL to the
first January meeting. All appointed representatives shall be
eligible for reappointment.
5. Officers. The officers of the COUNCIL shall consist of:
a. A chairman, who shall be chief policy officer, shall
be responsible for overseeing the working organization of the
COUNCIL, for seeing that all policies of the COUNCIL are curried
out, and for presiding over all COUNCIL meetings. The chairman
or hin designated repreaentntive shall be ex officio member of
all subsidiary committees and boards.
b. A vice chairman, who shall act in the chairman's
absence or inability to act. The vice chairman shall perform
such other functions as the COUNCIL may from time to time assign
to hien.
c. A secretary -treasurer, who shall he responsible
for minutes of the meeting, keeping the roll of members, the
financial affairs of the COUNCIL and such other duties as may
be assigned to him.
d. The original officers shall be elected at the first
regular meeting of the COUNCIL and shall serve until the first
annual election meeting as determined in Section 6.a.
WSLF.st
.L .t.3i. '
rx
- 6
eetin
e annual `election o
officers sshall"be "heli
wring the -January -meeting in.'each-year.-
b, , :Regular meetings +.shall be held on the days and
times, established by the COUNCIL%
c. Special meetings shall be called by the chairman
either at his discretion or when he is requested by at least
three (3) appointed representatives, none of which may be
from the same member government; provided adequate notice
shall be given to all appointed representatives stating the
date, hour and place of the meeting and the purpose for which
such meeting is called, and no other business shall be trans-
acted at that meeting. However, if a determination to hold
a special meeting is reflected upon the record of any COUNCIL
meeting, no additional notice is necessary.
d. The place and time of each meeting shall be
determined by the membership prior to the adjournment of the
previous meeting. In the absence of such determination, the
time and place of the meeting(s) shall be determined by the
chairman.
e. All official meetings of the COUNCIL shall be
open to the public as required by the Florida Sunshine Law,
Chapter 286, Florida Statutes, and shall meet the requirements
of the applicable sections of the Florida Administrative Pro-
cedure Act, Chapter 120, Florida Statutes.
f. A quorum at any meeting shall consist of a majority
of the membership of the COUNCIL. A quorum shall be required
for the conduct of all official business. When a quorum has
been determined to be present, a majority of those present and
voting may take action in all matters presented at the meeting.
Proxy voting is prohibited; however, it is understood that the
vote of an authorized alternate is not to be considered a proxy.
g. The secretary -treasurer or his nominee, in accord
with Florida's Public Records Law, Chapter 119, Florida Statutes,
shall keep minutes of each meeting and distribute a copy `hereof
to each member government.
- 7
YT
Hance
a The,work Year and fiscal year of the COUNCIL shall
be the twelve (12) months beginning the first day of October
and ending the thirtieth day of September.
I. On.or before August -15 of each year, the COUNCIL
shall adopt an annual budget and certify a copy thereof to the
Clerk.or authorized recipient of the governing body of each
member government. Each principal member unit :,hal contribute
such cash amount per capita. on the total population of its
county,as is required to make up the remainder of each annual
budget. The population base for calculating such pro -rata
contribution shall be the most current reported for each
county in accordance with the official annual estimate of pop-
ulation established pursuant to Section 23.019, Florida Statutes.
c. Assessment shall be paid in full no later than
November 1.
d. Each member government who does not remit the
assessed amount by November 1 shall lose all voting privileges
until payment is made.
e. The COUNCIL shall have the right to receive and
accept in furtherance of its function: gifts, grants, assist-
ance funds, bequeaths, and services from Federal, State and
local governments or their agencies and from private and com-
munity sources, and to expend therefrom such sums of money as
shall be deemed necessary from time to time for the attainment
of its objectives in accordance with all applicable laws.
8. Powers. The COUNCIL shall have all powers granted
herein including;
a. The powers granted by Chapter 23, §163.01,
§163.3184(3), and Chapter 380, Florida Statutes, as now existing
or as from time to time amended.
b. To conduct studies of the region's resources with
respect to existing and emerging problems of industry, commerce,
transportation, population, housing, agriculture, public services,
human resources, natural resources, government, and other matters
which are relevant to regional planning.
- 8
ry
y 43,I Vii. n
•
adopt rules of, procedure and bylaws,°; to regulate:;
its affairs and .conduct ;its business:
d. To adopt an official seal.
e To maintain office.space at such. places• within the-
region.,as may fromtime.to time be required in -performance of
its duties
f. To employ,and,set the compensation.of the Executive
Director who shall serve at the pleasure of the COUNCIL. The
Executive Director shall employ and discharge professional,
technical or clerical staff as may be necessary to carry out
the purposes of the COUNCIL. The Executive Director may make
agreements with local planning or other public agencies, within
or without the geographic boundaries of the region, for temporary
transfer, loan, or other cooperative use of staff employees and,
with the consent of the COUNCIL or pursuant to procedures estab-
lished by the COUNCIL, may acquire the services of consultants
and enter into contracts on behalf of the COUNCIL.
g. To authorize compensation for appointed represent-
atives of the COUNCIL and staff for per diem, travel, and other
reasonable expenses for meetings, hearings and other official
business.
h. To hold public hearings, sponsor public forums,
and conduct other activities whenever deemed necessary or use-
ful in the execution of the functions of the COUNCIL.
i. To acquire, own, operate. maintain, lease or sell
real or personal property and hold title thereto in the name
of the COUNCIL.
j. To fix and determine in accordance with applicable
laws by resolution, rules and regulations relating to advertise-
ment for bids, manner of bidding and amount below which same
will not be required.
k. To sue and be sued, implead and be impleaded, complain
and defend, intervene and appeal in all courts and administrative
agencies.
1. To accept gifts, apply for use grants, assistance
funds or bequests of money or other property from the United
- 9
In
e; '=State
ocal unit o'f government or any person
r,..---4 COUNCIL purpose and toenter into:agreements-required;"
connection thereith, and"to hold,` use, Wan
wd dispose of such
ties 'or property in "accordance with the` terms of the gift,"
rant; ''loan "or 'agreement relating thereto.
m. To make and enter into all contracts and agree -
mets and do and perform all acts and deeds necessary or
incidenti'al to the performance of its duties and the exercise
of its powers.
n. To prescribe all terms and conditions for the
employment of officers, employees, and agents including but
not limited to the fixing of pay and classification plans,
benefits, and the filing of performance and fidelity bonds
and such policies of insurance covering itself and employees
as it may deem advisable.
o. To participate with other government agencies,
educational institutions, and private organizations in the
coordination of the activities above.
p. To determine and collect charges or fees for any
lawful purpose, including but not limited to, reviews, referrals,
and for providing local assistance for special services.
q. To select and appoint such advisory bodies as the
COUNCIL may find appropriate for the conduct of its activities.
r. To enter into contracts to provide, at cost, such
services related to its responsibilities as may be requested
by local governments within the region and which the COUNCIL
finds feasible to perform.
9. Severability. If any provision of this agreement or
the application of such provision to any person or circumstance
shall be held invalid, such invalidity shall not affect other
provisions or applications of this agreement which can be given
effect without the invalid provisions or applications, and to
this end the provisions of this agreement are declared severable.
- 10 -
i i1
gr
natories,,-,tt-s°expressly understood that the'term
cciriditions, 'o
this ;agreement ' shall '` be effective between an
among those parties signatory hereto, and that the validity,.
force and effect of their agreement shall not be affected by
one or. more,of.the parties named herein not joining in this,
agreement, any other provisions of this agreement to the con-
trary notwithstanding,
IN WITNESS WHEREOF, the parties have officia_11y.adopted
and caused this agreement to be executed and their signatures
to be affixed by their respective Commission Chairman as of
the day and year first abovewritten.
INDIAN RIVER COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY COM-
MISSIONERS.
g Lee r�yr,.sJrf,N�(; r
MARTIN COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMIS-
SIONERS
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
ST. LUCIE COUNTY, FLORIDA,
BY ITS BOARDS OF COUNTY
COMMISSIONERS,
Chairman
PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY COM-
MISSIONERS.
Attorney rnera -State o rFlorida
on the day of , 1976.
a rman