HomeMy WebLinkAboutfdot_first_amendment_to_tpo_interlocal_agreement_20201008CFN 2020221233, OR BK 8880 PAGE 279,
Recorded 10/08/2020 at 09:31 AM, Scott Ellis, Clerk of I
Courts, Brevard County
# Pgs:18
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
THIS FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT, made and
entered into this 8th day of October, 2020, by and between the
FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF BREVARD, a
political subdivision of the State of Florida; the CITY OF CAPE
CANAVERAL, a Florida Municipal Corporation; the CITY OF COCOA, a
Florida Municipal Corporation; the CITY OF COCOA BEACH, a Florida
Municipal Corporation; the TOWN OF INDIALANTIC, a Florida Municipal
Corporation; the CITY OF INDIAN HARBOUR BEACH, a Florida Municipal
Corporation; the CITY OF MELBOURNE, a Florida Municipal Corporation;
the TOWN OF MELBOURNE BEACH, a Florida Municipal Corporation; the
CITY OF PALM BAY, a Florida Municipal Corporation; the CITY OF
ROCKLEDGE; the CITY OF SATELITTE BEACH, a Florida Municipal
Corporation; the CITY OF TIUSVILLE, a Florida Municipal Corporation;
the CITY OF WEST MELBOURNE, a Florida Municipal Corporation; and the
CANAVERAL PORT AUTHORITY, an independent special taxing district and
political subdivision of the State of Florida, collectively known as
"the parties".
W ITNESSETH
WHEREAS, the parties entered into a Restated Interlocal
Agreement for the Creation of the Transportation Planning
Organization by instrument recorded on July 15, 2014, in Official
Records Book 7166, Page 2144, Public Records of Brevard County,
Florida; and
WHEREAS, the parties deem it appropriate to amend the Restated
Interlocal Agreement for the Creation of the Transportation Planning
Organization; and
WHEREAS, each signatory through its governing body or authority
has taken the necessary action to approve this First Amendment to
the Restated Interlocal Agreement for the Creation of the
Transportation Planning Organization,
NOW THEREFORE, in consideration of the covenants herein
contained, it is mutually agreed between the parties as follows:
SECTION 1. RECITALS. Each and all of the foregoing recitals
("WHEREAS" clause) is incorporated herein and declared to be true.
Page 1 of 18
Interlocal
SECTION 2 . AMENDMENT TO SECTION 4 . 01. Section 4 . 01 (a) of the
Restated Interlocal Agreement for the Creation of the Transportation
Planning Organization is hereby amended as set forth below. New
language is underlined, and deleted text is otriokcn through
Section 4 . 01 Composition and membership of governing board.
(a) The membership of the TPO shall consist of nineteen voting
members and one non-voting advisor. The names of the member local
government entities and the voting apportionment of the governing
board as approved by the Governor shall be as follows:
Brevard County 5 representatives),"
Canaveral Port Authority 1 representative
City of Cape Canaveral 1 shared representativeZ!
City of Cocoa 1 representative
City of Cocoa Beach 1 shared representativea!
City of Indian Harbour Beach 1 shared representative!!
City of Melbourne 3 representatives!!
City of Palm Bay 3 representatives
City of Rockledge 1 representative
City of Satellite Beach 1 shared representative!!
City of Titusville 2 representatives
City of West Melbourne 1 representative
Town of Indialantic 1 shared representative!!
Town of Melbourne Beach 1 shared representative!!
Florida Department of
Transportation 1 non-voting advisor!!
The Brevard County Board of County Commissioners also represent
the Space Coast Area Transit ("SCAT") , an agency which operates a
major mode of transportation, Titusville-Cocoa Airport District and
the Titusville-Cocoa Airport Authority ( "TICO") , and Valkaria
Airport . Additionally, Brevard County will serve as a
representative of the Central Florida Expressway Authority, an
agency that operates a major mode of transportation. §348 .751 et
seq. , Florida Statutes . One County Commission member appointed by
the Chair of the Brevard County Board of County Commissioners serves
on the Governing Board of the Central Florida Expressway Authority_:_
§348 . 753 (3) et seq. , Florida Statutes.
2/
The City of Cape Canaveral and the City of Cocoa Beach have
formed the North Beaches Coalition, and pursuant to Section
339 . 175 (4) (b) , Florida Statutes (2014) , share one voting delegate on
the TPO Governing Board.
3/
The City of Indian Harbour Beach, the City of Satellite Beach,
the Town of Indialantic, and the Town of Melbourne Beach have formed
Page 2 of 18
Interlocal
the South Beaches Coalition, and pursuant to Section 339.175(4)(b),
Florida Statutes (2014), share one voting delegate on the TPO
Governing Board.
4/ The City of Melbourne also represents the City of Melbourne
Airport Authority. One City Council member appointed by the City of
Melbourne must also serve on the Governing Board of the City of
Melbourne Airport Authority.
5/ The Florida Department of Transportation is a party to this
Interlocal Agreement pursuant to Section 339.175(2)(b), Florida
Statutes (2014). The Florida Department of Transportation is not a
member of the TPO Governing Board but serves as a non -voting advisor
pursuant to Section 339.175(4)(a), Florida Statutes (2014).
SECTION 3. SEVERABILITY. Should any section, sentence or clause of
this Agreement be deemed unlawful by a Court of competent
jurisdiction, no other provision hereof shall be affected and all
other provisions of this Agreement shall continue in full force and
effect.
SECTION 4. EFFECTIVE DATE. This Agreement shall become effective
upon its filing with the Clerk of the Circuit Court of Brevard
County, Florida, as provided in Section 163.01(11), Florida
Statutes.
[Intentionally Left Blank]
Page 3 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Amendment and directed the undersigned officials to execute on their
behalf.
Jerr 2U1ender,
Secr tary/Treasurer
Review for legal form and
content:
, General Coun e
Ley'
CANAVERAL PORT AUTHORITY, an
independent special taxing
district and political
subdivision of the State of
Florida
By:
ah Loyd, Chairman
As Approved by the Board on:
(SEAL)
Page 4 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Amendment and directed the undersigned officials to execute on their
behalf.
ATTEST:
Review for 1e01 form and
content:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
By:
Bryi Lober, Chair
As Approved by the Board on:
July 7, 2020
(COUNTY SEAL)
Page 5 of 18
Interlocal
725
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF CAPE CANAVERAL, a Florida
Municipal Corporation
By:
Tod orley, Interim C Mnager
As Approved by the City
Council on:
February 18, 2020
(SEAL)
Mia Gofor
Review
conte]
egal form and
Anthony Garganese, City Attorney
Page 6 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF COCOA, a Florida
Municipal Corporation
Matthew Fuhrer, Interim City Manager
As Approved by the City
Council on:
8/12/2020
(SEAL)
Review for legal form and
cunt
Anthony Garganese, City Attorney
Page 7 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
ATTEST:
DL
oredana Ka
aghchy, Cit aerk
Review for legal form and
tent:
tith,
Vose,. City Attorney
CITY OF COCOA BEACH, a Florida
Municipal Corporation
By:
mes P. McKnight( City
nager
As Approved by the City
Commission on:
1FetleltUrIN (0) 4;14:Q.A00
(SEAL)
Page 8 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF INDIAN HARBOUR BEACH, a
Florida Municipal Corporation
By:
Mark K. Ryan
Manager
As Approved by the City
Council on:
,P0100,rVa
(SEAL)
Sue Frank, City Clerk
Review for legal form and
con
Karl Bohne, City Attorney
Page 9 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
CITY OF MELBOURNE, a Florida
Municipal Corporation
By:
Shannon Lewis, City
Manager
As Approved by the City
Council on:
(SEAL)
Cathleen A. Wys, City Clerk
Review for 1egaorm and
content:
Alison L. Dawley, City Attorney
MAY 26 2020
Page 10 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
ATTEST:
Jenn
Review for
cont
Cliff R.
form and
rger, Town Attorney
TOWN OF MELBOURNE BEACH, a
Florida Municipal Corporation
By:
E1ajzab4!hMascaro, Town Manager
pproved by the Town
ssion on:
(S AL)
Page 11 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF,
Agreement and directed the
behalf.
ATTEST:
.4.44,•44
ft A T "Sic
#0 400
*4,
R IDA
•
AAT'16f,00*
Review for hgWeSorm and
content:
Clerk
the undersigned party has approved this
undersigned officials to execute on their
-70
atricia Smith, City Attorney
CITY OF PALM BAY, a Florida
Municipal Corporation
By
sa Mo ell, City
Manager
As Approved by the City
Council on:
(SEAL)
uao
Page 4 of 4
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
‘,0ATTEST:
Review for legal form and
CITY OF ROCKLEDGE, a Florida
Municipal Corporation
By: 73(4/710/0% '101272,Mip
Brenda Fettrow, City
Manager
As Approved by the City
Council on:
(SEAL)
Pdooqq 4;r:).2)
Page 13 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
ATTEST:
Gwen Peirce, City Clerk
Review for legal form and
content:
*4W
James P. Beadle, Cityarney
CITY OF SATELLITE BEACH, a
Florida Munic, al Corporation
By:
Cobtney Barke
Manager
As Approved by the City
Council on:
re*ra 40,0Zo
(SEAL)
y
„ L
Page 14 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT FOR
CREATION OF THE TRANSPORTATION PLANNING ORGANIATION
IN WITNESS WHEREOF, the undersigned party has approved this Agreement and directed the
undersigned officials to execute on their behalf.
ATTEST:
Wanda F. Wells, City Clerk
Review for legal form and
content
Richard C. Broome, City Attorney
CITY OF TITUSVILLE, a Florida
Municipal Corporation
As Approved by the City Council on:
‘1)\ autIolo
(SEAL)
Page 15 of 18
1 nterloca 1
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
ATTEST:
Cy ia S. Hanscom, City Clerk
Review for legal form and
CO
s Richardson, City Attorney
CITY OF WEST MELBOUNRE, a Florida
Municipal Corporation
By:
Scott Morgan, City
Manager
As Approved by the City
Council on:
1:742-6'evavy 4-, 20 2.c)
(SEAL)
Page 16 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
ATTEST
Rebekah Raddon, Raddon, Town Clerk
Review for legal form nd
content:
Paul Go an,j.wn Attorney
TOWN OF INDIALANTIC, a Florida
Municipa oration
By:
Michae'LCTsey, Town
Manager
As Approved by the Town
Council on:
it2 9-09-0
(SEAL)
Page 17 of 18
Interlocal
FIRST AMENDMENT TO RESTATED INTERLOCAL AGREEMENT
FOR CREATION OF THE TRANSPORTATION PLANNING
ORGANIATION
IN WITNESS WHEREOF, the undersigned party has approved this
Agreement and directed the undersigned officials to execute on their
behalf.
ATTEST:
Agency Clerk
FLORIDA DEPARTMENT OF
TRANSPORTAT
By:
Secretary
As Approved on:
(SEAL)
44,
Page 18 of 18
Interq_ocal