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HomeMy WebLinkAbout2005-204 1739286 b THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK : 2013 PG : 852 , Pagel of 13 03/29/2006 a 09 : 31 AM , JEFFREY K BARTON , CLERK OF COURT OCT 18 2003 AMENDED AND RESTATED INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL PLANNING COUNCIL Prepared by : Return to : Roger G. Saberson Liz Gulick Roger G . Saberson , P . A . Treasure Coast Regional Planning Council 70 SE 4`h Avenue 301 East Ocean Blvd, Suite 300 Delray Beach, FL 33483 Stuart, FL 34994 AMENDED AND RESTATED INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL PLANNING COUNCIL THIS AMENDED AND RESTATED AGREEMENT, made and entered into this day of November 2004, pursuant to authority of Section 163 . 01 , Florida Statutes, by and between : INDIAN RIVER COUNTY MARTIN COUNTY PALM BEACH COUNTY and ST . LUCIE COUNTY WITNESSETH : WHEREAS, The Florida Interlocal Cooperation Act of 1969, Section 163 . 01 , Florida Statutes, permits local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on the basis of mutual advantage ; and WHEREAS , The Treasure Coast Regional Planning Council was created by Interlocal Agreement entered into on August 19 , 1976 (" 1976 Interlocal Agreement') by and between Palm Beach County, Martin County, St. Lucie County, and Indian River County pursuant to the Florida Interlocal Cooperation Act of 1969 ; and WHEREAS, in 1980 the Florida legislature amended the provisions of Chapter 160 of the Florida Statutes pertaining to regional planning councils; and WHEREAS , the 1980 amendments to Chapter 160 of the Florida Statutes provided that existing regional planning councils organized under the Florida Interlocal Cooperation Act of 1969 would be the designated regional planning council for their area provided the council agreed to meet the membership criteria established therein; and WHEREAS , Palm Beach County, Martin County, St. Lucie County, and Indian River Count) entered into an amendment to the 1976 Interlocal Agreement, on November 25 , 1980 which complied with the requirements of Chapter 160 of the Florida Statutes, and WHEREAS , from August 19, 1976 the Treasure Coast Regional Planning Council which was created by the 1976 Interlocal Agreement has continuously been the regional planning council/regional planning agency for Comprehensive Planning District X comprising Palm Beach County, Martin County, St. Lucie County and Indian River County, Florida, and WHEREAS, the Florida Administrative Procedure Act Section 120 . 54(4) requires that an agency must have a written description of its organization and general course of its operation which is to be made available to any person who requests it, and in part, this Amended and Restated Interlocal Agreement is to fulfill the foregoing requirement, and 2 WHEREAS, this Agreement amends, ratifies, confirms and restates, in its entirety, the Interlocal Agreement entered on August 19, 1976, as amended on November 25 , 1980, by and among the parties to this agreement pursuant to which the Treasure Coast Regional Planning Council was originally created; and WHEREAS, the Florida Regional Planning Council Act, mandates the creation of a Regional Planning Council in each of the several comprehensive planning districts of the state; and, WHEREAS, the Executive Office of the Governor has designated that Comprehensive Planning District X shall be comprised of the counties of Indian River, Martin, Palm Beach and St. Lucie ; and WHEREAS , a declared purpose of the Florida Regional Planning Council Act is to establish a common system of regional planning councils for areawide coordination and related cooperative activities of federal, state and local governments and ensure a broad-based regional organization that can provide a truly regional perspective enhancing the ability and opportunity of local governments to resolve issues and problems transcending their individual boundaries; and WHEREAS, it is the desire of the parties hereto to continue as a regional planning cou cil and regional planning agency; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act, contained in Chapter 163 , Part II Florida Statutes, assigns to regional planning councils the respon Nibility to review local government comprehensive plans and comprehensive plan amendments ; and WHEREAS, the Environmental Land and Water Management Act, Chapter 380, Florida Statutes, assigns to regional planning agencies, among other duties, the duty to study, review and make recommendations concerning areas of Critical State Concern, Florida Quality Developments, and Developments of Regional Impact; and WHEREAS, Governor' s Executive Orders 83 - 150 and 95-359 and Presidential Executive Order 82- 12372 , designates the comprehensive regional planning agencies as areawide clearinghouses responsible for review and coordination regarding certain Federal programs; and WHEREAS, Regional Planning Councils are statutorily assigned various responsibilities or fun tions in Chapter 163 , 164 , 186 , 252 , 260 , 288 , 339, 378 , 380, 403 , 419, 420, and 985 , Florida Statutes and of er applicable federal , state and local laws . WHEREAS , the parties hereto desire to make the most efficient use of their powers to cooperate for mutual advantage in being a member of the Treasure Coast Regional Planning Council and to confer upon the Treasure Coast Regional Planning Council in addition to any statutory powers it currently possesses the ad itional powers herein set forth. NOW, THEREFORE, for and in consideration of mutual promises, covenants, benefits to accrue from conduct of a regional planning process, and agreements herein contained and set forth, the member governments do hereby ratify and confirm the establishment and continuation, pursuant to the authority of Section 163 01 and Section 186 . 501 , Florida Statutes , of the Treasure Coast Regional Planning Council located in Compreh nsive Planning District X consisting of the counties Indian River, Martin, Palm Beach County, and St. Lucie, herei after referred to as the COUNCIL, a separate legal entity, and do further delegate such powers as are specified herein to it and agree as follows : 3 1 . P oses . The purposes of this agreement and the Council are : (a) To provide local governments with a. means of exercising the rights, duties and powers of a regional planning council and regional planning agency as defined in Chapter 186, Florida Statutes and other applicable federal , state and local laws as now existing and/or as from time to time amended. (b) To provide a means for conducting and implementing the regional planning process. (c) To provide regional coordination for local governments in the Treasure Coast region. ( d) To have an organization to act in an advisory capacity to exchange , interchange , and review the various programs referred to it which are of regional concern. (e) To promote communication among local governments in the region and the identification and resolution of common regional-scale problems . (f) To facilitate with Federal , State, local , and non-governmental agencies and citize s to promote the orderly and harmonious coordination of Federal , State, regional and local planning and development programs in order to encourage the orderly, and balanced growth and development of this region consistent with the protection of natural resources and the environment and to enhance the quality of life of the residents of the region and to promote their health , safety, and welfare. (g) To encourage and promote communications between neighboring regional planning districts to attempt to assure compatibility in development and long-range planning goals and to coordinate with neighboring regional planning districts whenever possible and to enter into agreements with neighboring regional planning districts pertaining to activities or projects that are of mutual interest. (h) To have an organization that will promote areawide coordination and related cooperative activities of federal , state and local governments insuring a broad based-regional organization that can provide a truly regional perspective and enhance that ability and opportunity of local governments to resolve issues and problems transcending their individual boundaries . ( i) To have an organization to review Developments of Regional Impact, Florida Quality Developments and other developments as defined or set forth in Chapter 380, Florida Statutes, which will collect review fees and make recommendations to the local govemment( s) of jurisdiction for applications to be approved, denied or approved subject to conditions , restrictions or limitations so that development within the region is consistent with adopted Strategic Regional Policy Plan and the applicable Local Government Comprehensive Plans . (k) To have an organization to carry out the duties , functions and activities that are to the mutual advantage of the local government units within Comprehensive Planning District X. (1 ) To have an organization to carry out other duties, functions and activities for other public purposes consistent with the powers conferred herein . 2 . Definitions . ( a) Alternate-a policy board member of the Council when serving in the absence of an Appointed Representative . 4 (b) Appointed Representative — policy board member of the Council . (c) Comprehensive Planning Districts — the geographic areas within the state specified by the Executive Office of the Governor. (d) Contribution — any monies received by the Council from a member government. (e) Council — the TREASURE COAST REGIONAL PLANNING COUNCIL. (f) Elected Official — a member of the Governing Body of a municipality or a county, or a county elected official chosen by a Governing Body. (g) Federal or Federal Government — the government of the United States or any department, commission, agency, or other instrumentalities thereof. (h) Governing Body — the Board of County Commissioners or City/ Town/Village Council/Commission of any member government. (i) Local General Purpose Government — any municipality or county created pursuant to the authority granted under ss . 1 and 2, Article VIII of the State Constitution. (j) Participating Member Unit — any incorporated municipality located within a Principal Member Unit. (k) Principal Member Unit — any county within the Treasure Coast Comprehensive Planning District X which is a signatory to this interlocal agreement. 3 . Effective Date, Duration, Amendment and Termination (a) The effective creation date of the COUNCIL is August 19, 1976 . (b) This agreement shall continue in effect until terminated as provided in Section 3 . d. (c) Any amendments 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 a resolution authorizing its chairman or chief elected official to execute the amendment. (d) This agreement may be terminated by resolution duly adopted by the Governing Body of each Principal Member Unit. The effective termination date shall be after the date said resolutions have been adopted by all Principal Member Units unless contractual obligations of the Council would require a later termination date. (e) In the event there is a complete termination of this agreement, as provided for in Section 3 . d . , which would involve the 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 as the Contribution of that Principal Member Unit to the Council in the most recent fiscal year. Said proceeds from the liquidation of the property of the Council shall be applied to satisfy debts , liabilities and financial obligations of the Council prior to any distribution to the members . ( f) Further, in the case of a complete termination of this agreement, the non-Federal matching contribution required to match any approved Federal or State grant shall be submitted to the appropriate agency . However, the preceding notwithstanding, if the grant program may be canceled or terminated early (thereby eliminating or reducing the amount of required non-Federal matching con button) , then it shall be terminated and any excess matching funds shall instead be distributed to each Principal 5 Member Unit with each Principal Member Unit being entitled to a share of such proceeds bearing the same ratio as the Contribution of that Principal Member Unit to the Council in the most recent fiscal year. 4 . Membership, Voting and Term of Office. (a) Indian River County and Martin County, and St. Lucie County, as Principal Member Units, shall each be represented by two (2) members, and Palm Beach County as a Principal Member Unit shall be represented by three ( 3 ) members . All members shall be appointed from the respective elected county Governing Body by such Governing Body. (b) In addition to the Principal Member Unit membership referred to in 4 . (a) above, Martin County shall be entitled to one ( 1 ) municipal member to serve on the Council, St. Lucie County and Indian River County shall be entitled to two (2) municipal members each to serve on the Council, and Palm Beach County shall be entitled to five (5 ) municipal members to serve on the Council. Such municipal members shall be municipal Elected Officials from a Participating Member Unit who serve on a municipal Governing Body in the respective counties . The municipal members and their alternates shall be appointed by a participating member or members from the respective counties subject to the approval of the Board of County Commissioners of the applicable Principal Member Unit. ( c) The Governor of the State of Florida shall appoint a maximum of nine (9) voting members as Appointed Representatives . Unless otherwise required by law, the counties in the Region shall be represented by the Governor ' s voting members in the following manner: Indian River County one ( 1 ) representative ; Martin County two (2 ) representatives ; St. Lucie County two (2) representatives ; and Palm Beach County four (4) representatives . ( d) Each Principal Member Unit shall appoint an alternate for each Appointed Representative . These alternates shall be Elected Officials and shall be approved by the Governing Body of the Principal Member Unit. In the event that neither the Appointed Representative nor his/her regular alternate is present at a Council meeting and there is another alternate from the same county present (who is not needed to attend for the Appointed Representative for whom he/she is the regular alternate) then this alternate may substitute for the absent Appointed Representative . A person that has been appointed as an alternate for an Appointed Representative from a Participating Member Unit may also serve as an alternate for an Appointed Representative from the same county under the preceding sentence . ( e) There shall be appointed for each Appointed Representative from a Participating Member Unit one alternate . These alternates shall be municipal Elected Officials from a Participating Member Unit who serve on a municipal Governing Body. In the event that neither the Appointed Representative nor his Alternate is present at a Council meeting and there is another Alternate from the same county present (who is not needed to attend for the Appointed Representative for whom he is the regular Alternate) , then this Alternate may substitute for the absent Appointed Representative. A person that has been appointed as an Alternate for an Appointed Representative from a Principal Member Unit may also 6 serve as an Alternate for an Appointed Representative from the same county un er the preceding sentence . (f) The names of all of the Appointed Representatives and their Alternates shall be recorded in the Council minutes. (g) For the conducting of all business, each Appointed Representative or Alternate serving for an Appointed Representative shall have an equal vote, which shall be one ( 1 ) vote each. (h) The basic term of office for Appointed Representatives and Alternates appointed by either participating or principal members shall be for one ( 1 ) year commencing with the regular December meeting in each year. The representatives appointed by the Governor shall serve a term pursuant to law and as designated by the Governor. All Appointed Representatives shall be eligible for reappointment. All Appointed Representatives and Alternates shall serve until a replacement is appointed by the appropriate appointing authority. (i) The Governor of the State of Florida shall designate such ex-officio non-voting members as provided by law. Presently the Governor of the State of Florida shall designate as ex-officio non-voting members the following : a representative of the Florida Department of Transportation a representative of the Florida Department of Environmental Protection, a representative nominated by Enterprise Florida, Inc . and the office of Trade , Tourism and Economic Development and a representative of the applicable water management district or districts. At the present time, the Governor may also appoint ex officio non voting members representing the appropriate metropolitan planning organizations and regional water supply authorities . (j ) The South Florida Regional Transportation Authority may appoint an ex officio non-voting member to the Council and such ex officio member shall be a full time employee staff person oft the South Florida Regional Transportation Authority. 5 . Vacancies . Any vacancy in membership shall be filled for the unexpired term in the same manner as the initial appointment. 6 . Removal From Office . Should a representative have three ( 3 ) consecutive absences from regular meetings with or without a justifiable reason, the Secretary-Treasurer shall so advise the appropriate member government, or the Governor, and request another appointment. Should a representative have five ( 5 ) absences during any one ( 1 ) year period, the Secretary-Treasurer shall so advise the appropriate member government . Members may be removed from the Council by the authority which made the appointment only after written notice of such removal has been given to the Council . 7 . Officers . Term of Office and Duties . (a) The regular December meeting shall be known as the Annual Meeting of the Council , and shall be for the purpose of electing the new officers and conducting such other business as may come before the members . The Council shall elect from its membership the following officers : Chairman , Vice 7 Chairman, and Secretary-Treasurer. Each member so elected shall serve for one ( 1 ) year or until he is reelected or his successor is elected. (b) The newly elected officers shall be declared installed following their election, and shall assume the duties of office upon adjournment of the Annual Meeting. (c) The 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 carried out, for signing with the counter signature of the Executive Director as authorized by the Council any contract or other instruments which the Council deems in its interest, and for presiding over all Council meetings. The Chairman or his designated representative shall be an ex officio member of all committees. (d) The Vice Chairman 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 him. (e) The Secretary-Treasurer shall be responsible for minutes of the meetings, keeping the roll of members, the financial affairs of the Council and such other duties as may be assigned to him. 8 . Meetings. ( a) The annual election of officers shall be held during the December 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 five ( 5 ) Appointed Representatives provided adequate notice shall be given to all Appointed Representatives and Alternates stating the date, hour and place of the meeting and the purpose for which such meeting is called, and no other business shall be transacted at that meeting. However, if a determination to hold a special meeting is reflected upon the record of any CoundNil meeting, no additional notice is necessary except as required by law. (d) The place and time of each regular meeting shall be determined by the Council prior to the adjournment of the previous meeting. In the absence of such determination , the time and place of the eeting(s) shall be determined by the Chairman. The Council may establish a regular meeting time and place, in which case no special action by either the Council or the Chairman is required, provided the meeting is to be held at the regular time and place . ( e) Written notice of all Council meetings shall be mailed to each Appointed Representative nd Alternate at the address, as it appears on the records of the Council , at least ( 7) days prior to that meeting, or earlier, if required by law. The notice shall include the date , time, place, subject of the meeting and the agenda. Business transacted at all special meetings shall be confined to the subject stated in the notice . (f) All official meetings of the Council shall be open to the public as required by the Florida Sunshine Law, Chapter 286, Florida Statutes . (g) A quorum at any meeting shall consist of a majority of the Appointed Representat ves (including Alternates for Appointed Representatives when an Alternate or Alternates are serving) on 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. 8 Proxy voting is prohibited; however, it is understood that the vote of an Alternate is not to be considered a proxy. (h) 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 thereof to each member government. 9 . Finances . (a) The work year and fiscal year of the Council shall be the twelve ( 12 ) months beginnir g the first day of October and ending on the thirtieth day of September. (b) On or before the regular July Council meeting 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 Principal Member Unit. Each Principal Member Unit shall contribute such cash amount per capita on the total population of its county as is required together with other fees, revenues and charges received by the Council, in such fiscal year, to make the annual budget. The population base for calculating such pro rata Contribution shall be the most current reported for each county in accordance with the annual estimate of population prepared by the Bureau of Economic and Business Research at the University of Florida or any successor bureau or agency thereto designated by the State of Florida. (c) Contributions shall be paid in full no later than November 1 . (d) Each Principal Member Unit who does not remit the assessed amount by November 1 shall lose all voting privileges ; both for representatives from the Principal Member Unit and other appointees from the same county (except the governor' s appointees), until payment is made . (e) The following persons are designated to sign all checks issued by the Council : ( 1 ) the hairman ; (2) the Vice-Chairman; ( 3) the Secretary-Treasurer; (4) the Executive Director of the Council ; and (5) a Council member designated by Council from the county in which the Council offices are located. All checks shall be co-signed by two (2 ) of the above designated persons. (f) The budget and such other changes, amendments or supplements as may be necessary to conduct the fiscal affairs of the Council may be amended from time to time by action of the Council ; provided, however, that the budget may not be amended to increase the annual per capita Contribution by the Principal Member Units without the consent of the governing bodies of each of the Principal Member Units . (g) The purchase of any single item of either equipment or goods which will required the expenditure of more than five thousand dollars ($ 5 , 000) must be approved by the Council . 10 . Powers . The Council shall have all powers granted herein including : ( a) The powers granted to regional planning councils and regional planning agencies by Chapter 186, Florida Statutes , and other applicable federal , state and local laws as now existing and/or as from time to time amended, and pursuant to Section 163 . 01 , Florida Statutes, the additional powers set forth herein . 9 (b) To adopt rules of procedure for the regulation of its affairs and the conduct of its business, and to appoint from among its members a chairman to serve annually, provided that such chairman inay be subject to reelection. (c) To adopt an official seal utilizing the name of the Council . (d) To maintain an office at such place or places within the comprehensive planning district as it may designate . (e) To employ and to compensate such personnel , consultants, and technical and professional assistants, as it shall deem necessary to exercise the powers and perform the duties set forth in this agreement. (f) To make and enter all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers . (g) To hold public hearings and sponsor public forums in any part of the regional area whenever it deems necessary or useful in the execution of its other functions . (h) To sue and be sued in its own name . (i) To accept and receive, for public purposes , funds, grants and services from the Federal Government or its agencies ; from departments , agencies, and instrumentalities of state, municipal or local government; from other public or quasi public entities, and from private or civic sources . 0 ) To receive and expend such sums of money as shall be from time to time appropriated for its use by any county or municipality where approved by the Council and to act as an agency to receive and to expend federal funds for planning and other public purposes. (k) To act in advisory capacity to the constituent local governments in regional , metropolitan, county and municipal planning matters . (1) To cooperate, in the exercise of its planning functions, with federal and state agen ies in planning disaster preparedness and emergency management. (m) To fix and collect membership fees, and service charges and fees for planning review and other services provided by Council . (n) To acquire, own, hold in custody, operate, maintain, lease or sell real or personal grope ( o) To incur debts, liabilities or obligations which do not constitute the debts, liabilities oro ligations of any parties to this agreement. (p) To accept gifts, grants , assistance, funds, or bequests . ( q) To enter into agreements with respect to the receipt and expenditures of grants or other funds, including but not limited agreements as to revolving and other loan funds, and to exercise such powers as shall be necessary or appropriate to implement such grants or other funding, which shall include (but not be limited to) the power to hold and manage such funds, to enter into loan agreements or other agreements relating thereto and to enforce and collect loan payments thereunder, and to lend and re lend such funds for the public purposes to be accomplished with such grant or other funding . (r) To conduct studies of the region ' s resources . 10 (s) To participate with other governmental agencies, educational institutions, and private oi ganizations in the coordination or conduct of its activities . (t) To conduct planning charettes within and outside the region. (u) To select and appoint such advisory bodies as the Council may find appropriate for the onduct of its activities. 11 Staff. (a) The Council shall employ and set the compensation of an Executive Director, who shall serve at the pleasure of the Council . The Council shall engage or employ and set the compensation of the general counsel, who shall serve at the pleasure of the Council . (b) The Executive Director shall employ and discharge other professional, technical , or clerical staff as may be necessary to carry out the purposes of the Council . The Executive Director, with a consent of the Council or pursuant to procedures established by the Council, may acquire the services of consultants . (c) The Executive Director shall be responsible to the officers and the Council for supervising and administering the work program of the Council , including preparation of a proposed a ual budget, and supervising the professional, clerical and technical employees of the Council . (d) The Executive Director shall act as Assistant to the Secretary-Treasurer of the Counci and shall, at the direction of the Secretary-Treasurer prepare minutes of each meeting and be responsib a for distributing copies to members of the Council, and shall perform such other duties and responsibilities as directed by the Council. 12 . Committees . a. The Chairman shall establish and maintain such Committees as deemed necessary to carry out the purposes and objectives of the Council . Committees shall be created or discontinued by the Chairman subject to approval of the Council . There shall be a minimum of two standing committees, and the membership of each s all have at least one representative from each county in the region. The two standing committees shall be . ( 1 ) Budget/Finance Committee; and (2) Personnel Committee. All Committees and Chairmen thereof shall be appointed by the Council Chairman with the approval of a majority of the Council, except that, between regular meetings of the Council when the need arises the Chairman alone (without any additional authorization other than this provision) may fill vacancies , and/or appoint temporary committee members or chairmen thereof. Any person so appointed by the Chairman between regular meetings of Council, shall have full and complete authority to vote and carry out the duties of regular committee members until the next regular meeting of the Council or such shorter F eriod of time, as the Chairman shall determine . The authority of the person appointed by the Chairman between regular meetings of the Council may not extend past the next regular meeting unless confirmed by a majority of the Council . If majority of Council does not confirm the person appointed for future service on the committee, ] 1 this shall in no way affect the validity of the actions taken by such person during the period • between regular meetings of the Council . 13 . Immunity. All of the privileges and immunities from liability and exemptions from laws , ordinances and rules which apply to the activities of Local General Purpose Governments or the officials, officers, agents or employees of Local General Purpose Governments shall apply to the Council and officials, officers, agents or employees of the Council when performing their respective functions and duties under the provisions of this Agreement. 14 . Limited Liability. No member shall in any manner be obligated to pay any debts, obligations or liabilities aris ng as a result of any actions of the Council ( except the Principal Member Unit ' s share of the annual budget.), or arising as a result of any actions of any representatives of the Council , its agents, employees, officers or officials. Neither the Council or its agents , employees, officers or officials shall have any authority or power to otherwise obligate the members in any manner. 15 . Severability. If any provision of this agreement or the application of such provisions to any person or circu nstance shall be 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 . 16 . Signatories . It is expressly understood and agreed that the terms and conditions of this agreement shall be not become effective until approved by the Board ' s of County Commission of Palm Beach County, Martin County, St. Lucie County and Indian River County . 12 IN THE WITNESS WHEREOF , the parties have officially adopted and caused this amen ed and restated agreement to be executed and their signature to be affixed by their respective Chairman as of the day and year first above written. ATTEST : MARTIN COUNTY , FLORIDA BY ITSBOARD OF COUNTY COMMISSIONERS Marsha Ewing, Clerk t ,r��.�M.�� Lee Weberman, Chairman NT Y 1% $hafOrlF . BOOT( �i0r1 i �<< APPROVED AS FORM & CO CTNESS : ��i a �0�,, , Palm Be�[dkl. ' C �� it i Dept SIerWWRION ' O Step en F , Cou9AS Attorne fill • . . _ . . . . •��b = APPROV T FORM PALM BEACH COUNTY, FLORIDX111 %, > �,�,� AND LEGAL SUFFICIENC BY .ITS BOARD OF COUNTY COMMISSIERS 4 • COUNTY ATTORNEY Chairman nyM13311oul R2 5 211 81 o�T ' g2005 � 77 ST1,-LUCII; C0J-5NTY, FLORIDA BY IT-S BOARD—PF COUNTY COMMISSIONERS Yt r k I n q,n r C airrYanjC a � 0 � _ r. . l v APPROVED AS TO FORM NDIAN, RIVElj COUNTY, FLORIDA AND LEGAtSUFFICIENCY -3Y ITS BOAREFOF . COUNTY COMMISSIONERS r. W ! LLIAM t3. COLLINS If S� COUNTY ,ATTORNEY :. Chairman 13 RESOLUTION NO , 2005 = 090 . • A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AMENDED AND RESTATED INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL PLANNING COUNCIL . WHEREAS , the Treasure Coast Regional Planning Council was created by interlocal agreement entered into on August 19 , 1976 by and between Palm Beach County, Martin County , St . Lucie County, and Indian River County pursuant to the Florida Interlocal Cooperation Act of 1969 ; and WHEREAS , paragraph 3 (c) of that agreement provides that any amendments to the agreement shall be in writing and set forth an effective date , and that to put into effect any amendment each principal member unit shall adopt a resolution authorizing its chairman or chief elected official to execute the amendment ; NOW , THEREFORE , BE IT RESOLVED , by the Board f County Commissioners of Indian River County , Florida , that the Chairman of the Board of County Commissioners is authorized to execute the Amended and Restated Interlocal Agreement Creating the Treasure Coast Regional Planning Council . The resolution was moved for adoption by Commissioner nivic , and the motion was seconded by Commissioner Neuberger , and , upon being put to a vote , the vote was as follows : Thomas S . Lowther, Chairman Aye Arthur R . Neuberger, Vice Chairman Aye Wesley S . Davis Ay Gary C . Wheeler Aye Sandra L . Bowden Aye RESOLUTION NO , 2005 = 090 The Chairman thereupon declared the resolution duly passed and a opted this 14th day of June , 2005 . BOARD OF COUNTY COMMISSIONER INDIAN RIVER COUNTY , FLORIDA By S, Thomas S . Lowther, Chairman A : Jeffrey K . Bart erk Deputy Clerk Approved as to form and legal sufficiency : By : William G . Collins II County Attorney 2 FAAttorney\Nancy\DOCS\RES\RESO treasure coast regional planning oouncil.doc