R93-115RESOLUTION NO. R93-//~-
A RESOLUTION OF THE CITY COYI~ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING PARTICIPATION IN AND
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A MULTI-
JURISDICTIONAL ISSUES COORDINATION FORUM
INTERLOCAL AGREEMENT, WITH AMENDMENTS,
FOR THE PURPOSE OF PROVIDNG THE CITY'S
PARTICPATION IN DIsCussION REGARDING
COUNTYWIDE ISSUES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, since the demise of the Palm Beach County
Planning Council the Palm Beach County Municipa~lLeague has been
workingon, afunctions of theSUbStitUtecouncil,~°randthe intergovernmental 6oordination
WHEREAS, this Intergovernmental Agreement sets the City's
participation in discussion regarding countywide issues.
NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF ~OYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the ~ity of Boynton
Beach, Florida, does hereby authorize and direct the Mayor and
City Clerk to, execute the attached Interlocal Agreement attached
hereto as Exhibit "A".
PASSED ~AND ADOPTED this J day of August, 1993.
CITY OF BOYNTON BEACH, FLORIDA
Mayo~ ~ ~/
ATTEST:
Ci~ Clerk --
(Corporate Seal)
Authsig.wp5
InterAgr. Pln(Forum)
7/30/93
MULTZ-JURZSDZCTZONAL ZSSUES COORDZN'ATZON FORU~
ZNTERLOC~T,,~GREEHENT
This InterlocalAgreemen~, dated the 1st day of October, 1993,
entered into by and among the various parties executing this
Agreement, each one constituting a public agency am defined in Part
I of Chapter 163, Florida Statutes, and each one a participant in
the Comprehensive Plan Amendment Coordinated Review Interlocal
Agreement;
W I T N B S ~ E T HI
WHEREAS, the creation of the Multi-Jurisdictional Issues
Coordination Forum (hereinafter "Forum..) will facilitate the
identification and possible resolution of multi-jurisdictional
issues by providing a vehicle for consensus building through the
research of issues and the debate of same; and
WHEREAS, the Forum can provide direction on the resolution of
8 multi-jurisdictional issue and the implementation of a program of
multi-jurisdictional significance; and
WHEREAS, the Forum may also determine a countywide position
relative to multi-jurisdictional issues and growth management needs
at the County, Regional, and State level; and
WHERF~t the Forum would also serve as a vehicle for
clarification of and technical assistance in understanding Regional
and State initiatives; and
WHERE~, the Forum would also be an outlet to provide
constructive critiquing of county legislative proposals having
countywide implications; and
WHERE~, the Forum over time may provide the initiative for
Forum as established
""Clearinghouse""
comprehensive Plan
Agreement.
programs and policies
significance.
NON, THEREFORE, in consideration of the mutual covenants
contained herein, it is mutually agreed and understood, by and
among the undersigned parties as follows:
/%RTiCLE I. TITLE
This. Agreement shall be knowm and may be cited as the "Multi-
Jurisdictional Issues Coordination Forum Interlocal Agreement."
ARTICLE II. PURPOSE
The primary purpose of this Agreement is to establish a Forum
that will provide a vehicle for communication and education between
_
and among the various local governments and service providers
through the receipt and review of reports from ad-hoc committees~
through presentations on items of multi-jurisdictional impact or
concern; and through the review of actions taken by the Executive
Committee, as established herein.
ARTICLE III.
The following definitions shall apply to this Agreement:
""Aesooi&te Forum Member.. means a non-voting member of the
in Article IV, Section 2.
means the Clearinghouse established in the
Amendment Coordinated Review Interlocal
to address items of multi-jurisdictional
""Comprehensive Plan Amendment Coor~inate~ Review Interlocal
Agreementm" means that Agreement dated October 1, 1993, which
created the Comprehensive Plan Amendment Coordinated Review
Process.
"Exe~l~tive Comm%ttee" means the Exectttive Committee
established in the Comprehensive Plan Amendment Coordinated Review
Interlocal Agreement.
"Porum Member" means a local government or service provider
who has joined the Forum through this Agreement.
"Looal~overnment" means the incorporated cities, villages and
towns within Palm Beach County and the County of Palm Beach.
"service Providers" means the Palm Beach County School Board,
the South Florida Water Management District, and all Independent
special districts located in whole or in part in Palm Beach County
which provide services required to be addressed in comprehensive
plans by Chapter 163, Part II, Florida Statutes.
ARTICLE iV. MEMBERSHIP
Section 1. Forum Members
Each and every local government and service provider who has
executed this Agreement by October 1, 1993, or who has subsequently
entered in~o this Agreement byexecution of a unilateral Membership
Agreement in such form as the Agreement attached h~reto as Exhibit
"A", shall be a member of the Forum. In order to become a member,
a local government or service provider must first be a participant
in the Comprehensive Plan Amendment Coordi.n. ated Revi;w Process
through the Comprehensive Plan Amendment Coordinated Revle.w Process
Interlocal Agreement. Each Forum member sha~l designate a
representative to exercise its responsibilities in the Forum. Each
Forum member may also designate an alternate representative who
shall act when the regular representative is not in attendance.
Section Z. ~ssociate Forum~ember~
Any person or entity approved by the Executive Committee may
become an Associate ForumMember. Associate Forum Membersshallbe
treated in the same manner as Forum Members except thatthey do not
have the power to vote.
Section 3. Membership
A. There shall be no membership fee for Forum Members
for the first year. The Executive- Committee- may establish such a
fee effective after October 1, 1994.
B. There shall be a $200.00 annual me:~bership fee for
Associate Forum Members. The Executive Committe~ may change the
amount of this fee.
Section 4. Membership Obliaatio--
Ail Forum Members and Associate Forum Members Lgree to provide
technical assistance requested by the Executive C~)mmittee and any
ad-hoc committee established pursuant to this Agreement.
ARTICLE V. FORUM PONERBAND DUTIEB
Section 1. Powers
The Forum may exercise the following powers:
A.
Be
Co
Refer an item of potential multi-jurisdictional
significance to the Executive Committee for
discussion.
Veto an action, of the Executive_ Committee taken
pursuant to .Artl.cle VI~I .of this A~eement;
Adopt the minority oplnlon on an issue when the
4
Ee
Executive Committee has issued both a majority
opinion and a minority opinion; and
Ratify or modify an action taken by the Executive
Committee pursuant to Article VI, Section 2 C.
Establish its own rules of procedure that are not
inconsistent with this Agreement.
Section 2. MeetinaS
A. The Forum shall meet at
set by the Executive Committee. The Executi¥
schedule additional meetings provided that there
weeks notice distributed to each Forum Member and
Member.
B. In order to take an action a quorum
A quorum consists of 50% + I of the total
ARTICLE VI. EXECUTIVE COMMITTEE
section 1. PurPose
The Executive Committee shall
jurisdictional significance pursuant
least quarterly on dates
Committee may
.s at least two
Associate Forum
sust be present.
number of Forum members.
process issues of multi-
to Article VIII and shall
coordinate activities of the Forum in accordance with and pursgant
to the duties and responsibilities set forth here~n.
The Executive Committee shall have the following duties and
responsibilities relative to the Forum:
A. Process proposed issues of multi-jurisdictional
significance pursuant tothe procedures set forth in
Article VIII;
Ce
E.
Fo
Schedule meetings of the Forum and prepare the
agenda for same;
Set annual membership fees for FOrum Members and
Associate Forum Members which shall be placed on
the agenda for the next Forum meeting for
ratification or modification;
Establish criteria for Associate Forum Membership;
Cre.ate ad-hoc committees pursuant ~o Article VII;
Administer this Agreement, including but not limited
to, preparing an annual budget, overseeing the
collection and expenditure of funds, and overseeing
the operations- of the Clearinghouse and ad-hoc
committees.
G. Propose amendments to this Agreement pursuant to
Article X, Section 4.
No enumeration of duties and responsibilities herein shall be
deemed exclusive or restrictive, but shall be deeme~to, incorporate|
all implied powers necessary or incident to carrying out the
purposes of this Agreement.
ARTICLE VII. AD-H0~ COMMITTEES
Ad-hoc committees can be created only by the Executive
Committee. Each committee shall be created for a specific purpose
and for a period not to exceed one year unless ~xtended by the
Executive Committee.
ARTICLE VIII. PROCEDURE
The following procedure is to be used for the identification,
6
definition, and disposition of an item which may be of multi-
jurisdictional significance.
A. An issue of multi-jurisdictional significance can be
initiated by one of the following:
1. The Intergovernmental Plan Amendment Review
Committee if the issue is identified in the "fact-
finding" or "conflict resolution" process.
2. A member agency through a forma~ action of the
governing body.
3. The Forum through an action initiated by a member.
B. An issue of multi-jurisdictional significance is
submitted to the Executive Committee by the initiator on a form
prescribed by the Executive Committee. The form should require, at
a minimum, the following information:
1. The nature of the item and a statement identifying
its multi-jurisdictional significance.
2. How or why the issue is not being adequately
addressed at present.
3. A statement as to why the Forum is the appropriate
place to address the issue.
The issue shall be considered atthe next meeting of the
Executive committee.
D. The Executive Committee shall take one of the
actions:
following
Make a determination that the issue is of multi-
jurisdictional significance and recommend a course
on the action taken on a
significance to the Forum at the next meeting
minority opinion approved by at least three
Executive Committee shall accompany the report.
of action.
2. Refer the issue to an ad-hoc committee.
3. Refer the issue back to the initiator with
direction.
4. Make a determination that the Forum is not the
appropriate vehicle to address the issue.
-5. Make a determination that the issUe is not one of
multi-jurisdictional significance and that no
_
further, review or action by the For~ is necessary.
The Executive Committee-- shall present it~!written report
submitted issue of multi-jurisdictional
of the Forum. A
members of the
F. The F~rum, by a. two-thirds vote ~f the! Forum members
present and voting, may either veto the action ~f the
Executive
comm%ttee or adopt the minority opinion issued by! the Executive
Committee and direct its implementation. Otherwise, the action of
_
_
the Executive Committee shall remain in effect.
_
G. If the issue is referred to an ad-hoc commlttee,' the ad-
hoc committee shall review it and submit a report to the Executive
Committee. The Chair of the assigned ad-hoc committee may call
upon the resources of Forum Members and Associate Forum Members.
The ad hoc committee" shall issue a re ort includin
- p g the following:
1. Clear identification of the issue.
2. Implications of the current situation or course of
8
action.
Alternative
implications.
Need for further
direction.
courses of action and probable
information, research, and
H. The
committee's report and take formal action on the
contained in the report. The Executive Committee
ad-hoc committee's report and its action on th~
contained in the report, along with any minority o~
Recommended disposition or next step.
Executive Committee shall review
the ad-hoc
recommendations
hall present the
recommendation
~nion adopted by
at least three members of the Executive Committee, at the next
meeting of the Forum. The Forum by a two-thlrds-|vOte of the Forum
Members present and voting may either ve=o the action of the
Executive Committee or adopt the minority opinion issued by the
Executive Committee and direct its implementation. Otherwise, the
action of the Executive Committee shall remain in effect.
ARTICLE IX. LOgiSTICS AND SUPPORT
Clerical and logistical support for the Forum and the
Executive Committee shall be provided by the Clearinghouse.
Professional services and advice shall be provided through the
resources of the Forum Members and Associate Forum Members.
ARTICLE X. MI~CELLAL'EOUS
Section 1. Deleaation of Duty
Nothing contained herein shall be deemed to authorize the
delegation of the constitutional or statutory duties of the state,
9
county, or city officers.
Section 2. Filina
A copy of this Agreement shall be filed with the Clerk of the
Circuit Court in and for Palm Beach County.
Section 3. Limite4 Liabi~itv
No member shall in any manner be obligated to pay any debts,
obligations or liabilities arising as a result of any actions of
the Executive Committee. The Executive Committee me~bers have no
authority or power to obligate the members in any manner.
Section 4. Amendment~
This Agreement may be amended in writing at any time by the
concurrence of a three-quarters vote of a majority of the entire
membership of the Executive Committee and subsequent ratification
by all of the Forum Members in this Agreement.
Section 5. Controllina Law
This Agreement shall be construed by and gove~'ned by the laws
of the State of Florida.
Section 6. Effective Date/Term
This Agreement shall be effective on Octobe~ 1, 1993, .and
shall continue-- in full force and effect unless all~ the members
withdraw in accordance with Section 7.
Section 7. Nithdrawal
Any member may withdraw as a party, to this Agreement! after
October 1, 1994, upon sixty (60) days written notice to the Chair
of the Executive Committee. Any membership fees, iq required, will
not be returned and the member shall not exercise- any! of the powers
10
outlined in this Agreement. Suspension of membership in this
Agreement will occur upon the nonpayment of the membership fee
established pursuant hereto or for the nonperformance of any of the
terms and conditions of this Agreement by any member. The
..
suspension will be effective thirty (30) days after date of notice
from the Clearinghouse that noncompliance has occurred. Any member
receiving, such notice shall have an opportunity to cure its
noncompliance in a reasonable time. Upon
shall be notified by the Clearinghouse of
compli~.nce, the member
its re:nstatement as a
b~en executed by
i]Ldicated below.
participant.
IN WITNESS
WHEREOF, this Agreement has
as of the date and year
G ** \gengov~ \dm:l\mul~i:juF. ag'c
11
PARTICIPATION AGREEMENT
THIS AGREEMENT dated this 6th day of August ,
1993, entered into byand among ,
a City of Boynton Beach
(local ~vv=~...~.~L or service provider)
hereinafter "New Participant", and the various pa
the Interlocal Agreement dated October 1, 1993, her~
Agreement";
WiTNESSETH~
WHEREAS, an intergovernmental coordination program for
reviewing proposed changes to adopted comprehensive plans which
fully utilizes the existing Chapter 163 comprehensive planning
process with minimal bureaucracy and expense for local governments
and service providers has been established as evidenced by that
certain Interlocal Agreement dated October 1, 1993; and
WHERE~, City of Boynton Beach desires to become a
participant under said agreement; and
waEREA~, pursuant to Article III, Section l/of .the Master
Agreement, participation is authorized upon the execution of this
unilateral Participation Agreement.
NOW, THEREFORE, in consideration of the ml[tual covenants
contained herein, it is agreed
undersigned New Participant and
Agreement as follows:
and understood b~
the participants
tries executing
[nafter "Master
annual participation fee prescribed in Article III, Section 2 of
the Master Agreement, New Participant-- will become a participant in
EXHIBIT
1. Upon execution of this Agreement and upol payment of the
and among the
in the Master
the Master Agreement recorded in the Official Records at Book
No. , Page
2. The New Participant shall enjoy all the privileges of,
and shall be bound by all the terms and conditions of, the Master
Agreement.
3. The participants in the Master Agreement agree to the
inclusion of New Participant in ac~r?nce wi~h Article iii,
Section i of the Master Agreement as it is acknowledged that the
inclusion of an additional participant furthers the intent and
spirit of the Master Agreement and the ultimate goal of providing
planning coordination among all local governments and service
providers.
4. A copy of this Participation Agreemen~ shall be filed
with the Clerk of the Court in and for Palm Beach County and with
the Clearinghouse.
5. This Participation Agreement shall be effective upon
execution and filing pursuant to Paragraph 4 and shall continue in
full force and effect unless New Member withdraws pursuant to
Article X, Section 7 of the Master Agreement·
IN WITNESS WHEREOF, this Agreement has been executed by
E. F. Harmening, Mayor, City of Boynton Beach
as of the date and year indicated below.
By'
E. F. Harmenlng, ~yor
its:City of Boynton~a~h
G~ \gengov~ \dmd ~Da z'~c:i.ci.p, ag'c
Date: August 6,
1993