HomeMy WebLinkAboutInterlocal Agreement - Cocoa Beach re - Voting Delegate to TPO 2022-2032CFN 2022101329, OR BK 9483 Page 1248, Recorded 04/22/2022 at 09:11 AM Rachel M.
Sadoff, Clerk of Courts, Brevard County
THIS INSTRUMENT RETURN TO:
Loredana Kalaghchy, CMC, City Clerk
City of Cocoa Beach City Hall - First Floor
2 S. Orlando Ave.
Cocoa Beach, FL 32932
THIS INSTRUMENT PREPARED BY:
t)f, Paul R. Gougelman, III, General Counsel
Space Coast Transportation Planning Organization
Weiss Serota Helfman Cole & Bierman, P.L.
200 East Broward Blvd. — 19th Floor —
Ft. Lauderdale, FL 33301
INTERLOCAL AGREEMENT WITH RESPECT TO
VOTING REPRESENTATION ON
SPACE COAST TRANSPORTATION PLANNING ORGANIZATION
THIS AGREEMENT is made and entered into as of the day of ; ,
202_, by and between the CITY OF COCOA BEACH, Florida, a Florida Municipal
Corporation (herein: "Cocoa Beach"), and the CITY OF CAPE CANAVERAL, Florida, a
Florida Municipal Corporation (herein: "Cape Canaveral").
WITNESSETH:
WHEREAS, the Space Coast Transportation Planning Organization, f/kla the
Brevard County Metropolitan Planning Organization (herein: the "TPO") is a metropolitan
planning organization established under Section 339.175, Florida Statutes, to coordinate
transportation planning and finance throughout Brevard County;
WHEREAS, during the 1990s and the first decade in the 21st Century, Cocoa
Beach was accorded a single voting delegate seat on the TPO Governing Board;
WHEREAS, Cocoa Beach and Cape Canaveral have previously agreed to provide
a methodology by which the two municipalities may share the aforesaid single voting
delegate seat on the TPO Governing Board;
WHEREAS, the first such lnterlocal Agreement to share a voting delegate seat was
recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public Records
of Brevard County, Florida;
WHEREAS, the second such lnterlocal Agreement to share a voting delegate seat
was recorded on March 7, 2013, in Official Records Book 6819, Page 912, Public Records
of Brevard County, Florida;
Space Coast TPO/North Beaches Coalition lnterlocal Agreement4 2/8/21
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OR BK 9483 PG 1249
WHEREAS, it is the desire of Cocoa Beach and Cape Canaveral to continue such
previous arrangement to provide a methodology by which the two municipalities may
share the aforesaid single voting delegate seat on the TPO Governing Board;
WHEREAS, the authority to undertake sharing of a delegate seat on the TPO
Governing Board is provided in Section 339.175(3)(a), Florida Statutes (2021), which
states in pertinent part:
(a) The voting membership of an M.P.O. shalt consist of at least 5
but not more than 25 apportioned members, with the exact number
determined on an equitable geographic -population ratio basis,
based on an agreement among the affected units of general-
purpose local government and the Governor, as required by federal
regulations. In accordance with 23 U.S.C. s. 134, the Governor
may also allow M.P.O. members who represent municipalities to
alternate with representatives from other municipalities within the
metropolitan planning area which do not have members on the
M.P.O. ... Voting members shall be elected officials of general-
purpose local governments, one of whom may represent a group of
general-purpose local governments through an entity created by an
M.P.O. for that purpose.....;
WHEREAS, the Governor has authorized the sharing of a representative on the
Space Coast TPO pursuant to a letter dated July 9th, 2013, executed through the Florida
Department of Transportation;
WHEREAS, the undersigned parties for the purposes of this Agreement, and for
the purpose of reference by the TPO, have designated the arrangement provided for
herein to be informally and colloquially referred to as the "North Beaches Coalition";
WHEREAS, this Agreement is entered as an interlocal agreement pursuant to
Section 163.01, Florida Statutes (2021), and is also entered into pursuant to the home rule
power of each of the municipalities as provided in Section 166.021, Florida Statutes, and
Article VIII, Section 2, Florida Constitution of 1968;
WHEREAS, pursuant to this Agreement, the parties have provided for an
arrangement by which the voting delegate on the TPO Governing Board will be rotated
between Cocoa Beach and Cape Canaveral on a scheduled basis;
WHEREAS, the parties have further agreed to establish an organized method to
provide joint instructions to their single voting delegate to the TPO;
Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21
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OR BK 9483 PG 1250
WHEREAS, by its language, this Agreement will expire on December 31, 2032, but
may be extended from time to time;
WHEREAS, this Agreement was approved on Afrk ,5 , 2022, by the
Cocoa Beach City Commission; and
WHEREAS, this Agreement was approved on IT , 2022, by the
Cape Canaveral City Council.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties that:
1. Recitals. Each and all of the recitals ("WHEREAS clauses") above be and the
same are hereby incorporated herein and declared to be true and correct.
2. Appointment of Voting Delegate. The single voting delegate holding the North
Beaches Coalition seat on the TPO and representing the collective interests of Cocoa
Beach and Cape Canaveral is hereby designated by the governing body of each
respective municipality according to the following schedule:
Designating Party
Cocoa Beach
Cape Canaveral
Calendar Years for Designation
2024, 2025, 2028, -2029, & 2032
2022, 2023, 2026, 2027, 2030 & 2031
In the event that any party to this Agreement fails to designate the actual elected official
who serves as North Beaches Coalition delegate to the TPO at or prior to the
commencement of the two-year term for that voting delegate set forth in the preceding
table, the voting delegate designated for the immediate prior two-year term will continue
as such voting delegate until such time as said delegate's successor has been
designated.
3. Powers and Duties of Voting Delegate.
(a) The person designated as the voting delegate for the North Beaches
Coalition seat on the TPO in accordance with the terms of the preceding paragraph of this
Agreement need not reside within the corporate limits of the designating municipality, but
must be an elected official of either Cape Canaveral or Cocoa Beach.
(b) The party municipality that is a party to this Agreement who has the
power to designate a voting representative during any two -calendar year period also may
designate an alternate voting representative. The person designated as the alternate voting
Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21
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OR BK 9483 PG 1251
delegate for the North Beaches Coalition seat on the TPO in accordance with the terms of
this Agreement need not reside within the corporate limits of the designating municipality,
but must be an elected official of either Cape Canaveral or Cocoa Beach.
(c) During each two-year term set forth in herein, the voting delegate and
the alternate voting delegate will serve at the pleasure of the designating municipality, which
municipality has the power to rescind any such designation and to name any other elected
official of one of the two municipalities as the voting delegate or alternate voting delegate for
the North Beaches Coalition.
4. TAC and CAC Members. In the event that the TPO seats only one Technical
Advisory Committee ("TAC") member or one Citizens Advisory Committee ("CAC")
member to represent both Cocoa Beach and Cape Canaveral, the party to this Agreement
designating the TPO voting delegate will also have the authority to designate the sole TAC
or CAC member(s) to represent the parties to this Agreement. In the event that the TPO
will permit a TAC or a CAC member to represent each municipality, the governing body of
each municipality will appoint the TAC and CAC member to represent that particular
individual municipality. To the extent permitted by law and pursuant to Section
339.175(6), Florida Statutes, TAC and CAC members will serve at the pleasure of the
appointing authority.
5. Expiration. This Agreement will expire on December 31, 2032; provided, that the
respective governing bodies of Cape Canaveral and Cocoa Beach may agree from time to
time to extend, amend, or terminate this Agreement by written instrument. No such
written instrument will be effective until the amendatory instrument is: approved by the
governing bodies of each of the two municipalities, executed by appropriate officials of
each governing body, and recorded with the Brevard County Clerk of the Court as
provided in Section 163.01(11), Florida Statutes (2021). Upon recordation in the Public
Records of Brevard County, Florida, a recorded copy must promptly be furnished to the
Executive Director of the TPO by either Cocoa Beach or Cape Canaveral.
6. Agreement Termination. The Interlocal Agreement to share a voting delegate
seat recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public
Records of Brevard County, Florida, is hereby declared to be terminated. The Interlocal
Agreement to share a voting delegate seat recorded on March 7, 2013, in Official Records
Space Coast TPO/North Beaches Coal!tion Interlocal Agreement4 2/8/21
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OR BK 9483 PG 1252
Book 6819, Page 912, Public Records of Brevard County, Florida, shall terminate
according to its terms This Agreement shall terminate if at any time during the term
hereof, both Cocoa Beach and Cape Canaveral shall be accorded no voting
representative on the Space Coast TPO Governing Board pursuant to Florida Statutes.
7. interpretation This Agreement and the terms herein were negotiated jointly by
Cocoa Beach and Cape Canaveral, and the two municipalities had the full choice of
wording thereof. Consequently, no term, provision, or section hereof will be more harshly
construed against either party hereto as the drafter of this Agreement.
8. Effective Date. This Agreement will become effective upon recordation in the
Public Records of Brevard County, Florid, as maintained by the Brevard County Clerk of
Court pursuant to Section 163.01(11), Florida Statutes (2021)
- IN WITNESS WHEREOF, the City of Cape Canaveral, Florida, and the City of
Cocoa Beach, Florida, caused this agreement to be adopted the day and year set forth
below.
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CITY OF COCOA BEACH,
FLORIDA, a Florida Municipal
Corporation
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Dated: cp; 202
(CITY SEAL)
CITY OF CAPE CANVERAL,
FLORIDA, a Florida
Municipal Corporation
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Mia Goforth, or0, its �,�N,
City Clerk
Space Coast TPO/North Beaches Coalition I nterlocal Agreement4
2/8121
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