HomeMy WebLinkAboutInterlocal Agreement - Cocoa Beach re - Voting Delegate to TPO 2012-2022 CFN 2013049429,OR BK 6819 PAGE 912,
Recorded 03/072013 at 01:53 PM.Scott Ellis,Clerk of
Courts,Brevard County
#Pgs:7
THIS INSTRUMENT PREPARED BY:
Paul R. Gougelman, III, General Counsel
Space Coast Transportation Planning Organization
2220 Front Street - Suite 204
Melbourne, FL 32901
INTERLOCAL AGREEMENT WITH RESPECT TO
VOTING REPRESENTATION ON
SPACE COAST TRANSPORTATION PLANNING ORGANIZATION
THIS AGREEMENT is made and entered into as of the 19th day of
February, 2013, 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/k/a the Brevard County Metropolitan Planning
Organization (herein: the "TPU") 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, it is the desire of Cocoa Beach and Cape Canaveral
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 (2012) , which states in pertinent
part:
(a) The voting membership of an M.P.O. shall
consist of not fewer than 5 or more than 19
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
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apportioned members, the exact number to be
determined on an equitable geographic-
population ratio basis by the Governor, based
on an agreement among the affected units of
general-purpose local government as required
by federal rules and regulations. The
Governor, in accordance with 23 U.S.C. s.
134, may also provide for M.P.O. members who
represent municipalities to alternate with
representatives from other municipalities
within the metropolitan planning area that do
not have members on the M.P.O. . . . All
voting members shall be elected officials of
general-purpose governments, except that an
M.P.O. may include, as part of its
apportioned voting members, a member of a
statutorily authorized planning board, an
official of an agency that operates or
administers a major mode of transportation,
or an official of the Florida Space
Authority. . . . ;
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 (2012) , 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;
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
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WHEREAS, by its language, this Agreement will expire on
December 31, 2022, but may be extended from time to time;
WHEREAS, this Agreement was approved on January 3, 2013, by
the Cocoa Beach City Commission; and
WHEREAS, this Agreement was approved on February 19, 2013, 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 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 Calendar Years for Designation
Cocoa Beach 2013, 2016 & 2017, 2020 & 2021
Cape Canaveral 2014 & 2015, 2018 & 2019, 2022
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
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
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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 must
designate an alternate voting representative. The person
designated as the alternate voting 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 . Advisory Board.
(a) An advisory board (the "North Beaches Coalition
Advisory Board") consisting of four (4) members will be appointed
to advise, guide, instruct, and direct the voting delegate for the
North Beaches Coalition. Two members of the North Beaches
Coalition Advisory Board must be appointed by the governing body
of each of the municipalities, and at least one such member
appointed by each of the municipalities to serve on the North
Beaches Coalition Advisory Board must be an elected official of
the municipality which he or she represents. Each member of the
North Beaches Coalition Advisory Board serves at the pleasure of
the governing body which appointed such member.
(b) The voting delegate, or alternate voting delegate, as
the case may be, for the North Beaches Coalition seat on the TPO
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
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designated pursuant to this Agreement must vote in matters before
the TPO in accordance with instructions provided by the North
Beaches Coalition Advisory Board; provided, however, that in those
cases in which the North Beaches Coalition Advisory Board has not
provided express instructions to the voting delegate, or the
alternate voting delegate, as the case may be, the voting delegate
or alternate voting delegate will exercise his or her best
discretion in voting for the best interests of the two
municipalities on matters before the TPO.
(c) The member of the North Beaches Advisory Board who
represents the municipality responsible for designating the North
Beaches Coalition delegate in accordance with section 2. of this
Agreement will serve as Chairperson of that advisory board. The
position of Chairperson will rotate in accordance with the
schedule established in paragraph 2 . hereof.
(d) The North Beaches Coalition Advisory Board will elect
a Vice-Chairperson from among its members during the month of
December each year. The Vice-Chairperson will serve for one year
or until his or her successor is elected, whichever event occurs
later in time.
(e) The municipality which is responsible for designating
the North Beaches Coalition delegate to the TPO will provide staff
support for all activities incident to the performance of this
Agreement, including preparation of agenda packages, distribution
of agenda packages, advertising of meetings as appropriate to
comply with the Government-in-the-Sunshine Law, preparation of
minutes, and coordination of time and place of meetings of the
North Beaches Coalition Advisory Board. The responsibility for
such staff support will rotate in accordance with the schedule
established in section 2. of this Agreement.
5 . TAC and CAC Members. In the event that the TPO seats
only one Technical Advisory Committee ("TAC") member or one
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
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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 and Space
Coast TPO bylaws, TAC and CAC members will serve at the pleasure
of the appointing authority.
6 . Expiration. This Agreement will expire on December 31,
2022; 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 (2012) .
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, Florida,
as maintained by the Brevard County Clerk of Court pursuant to
Section 163 . 01 (11) , Florida Statutes (2012) .
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
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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.
CITY OF COCOA BEACH,
FLORIDA, a Florida Municipal
Corporation
41
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• ATTES,T;r Dated: Mar 5 , 20113
X r r ....I: a COW'
Mgr'. (CITY SEAL)
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its C4�.y Clerk
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CITY OF CAPE CANVERAL,
FLORIDA, a Florida
Municipal Corporation
By: CROGAZ`''k C-?0.--CAP.PS24f2a--
Rocky Randels, its
Mayor
ATTEST:
j,,,V Dated: February 19, 2013
J
PiL9t�-► (CITY SEAL)
Ange a Apper on, MMC, its
City Clerk
•
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
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