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HomeMy WebLinkAboutResolution_58-03/04_08/12/2004• RESOLUTION NO. 58-03/04 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, EXPRESSING THE DESHtE OF THE VILLAGE COUNCIL TO ENTER INTO THE INTERLOCAL AGREEMENT RELATING TO THE PALM BEACH COUNTYWIDE COASTAL COUNCIL (COASTAL COUNCIL) AND TO HAVE A REPRESENTATIVE OF THE VII,LAGE OF TEQUESTA APPOINTED TO SAID COUNCII.. WHEREAS, the Village Council of the Village of Tequesta recognizes the need for coordinated protection, preservation and/or enhancement of the beaches and shores along the Atlantic Ocean in Palm Beach County; and WHEREAS, the Village Council is in favor of establishing a council to be a forum for information exchange and education about beach and shore protection, preservation and/or enhancement; and WHEREAS. Palm Beach County has proposed an interlocal agreement to establish a Palm Beach Countywide Coastal Council(Coastal Council); and WHEREAS, the Village of Tequesta desires to be represented on said council; • • NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VII,LAGE OF TEQUESTA, FLORIDA, as follows: Section 1: The Village Council hereby goes on record as being in favor of a Coastal Council and its desire to enter into an interlocal agreement to effectuate same. ection 2: The Village Council desires to be a participant on the above-referenced council and its endorsement of said council- is conditioned upon the Village of Tequesta having representation thereon. ection 3: The Village Manager of the Village of Tequesta is hereby authorized to execute an interlocal agreement to effectuate the above-referenced purposes subject, however, to the Village Council having a representative on the Coastal Council. The foregoing Resolution was offered by Council Member j/ N I-~,A 'who moved its adoption. The motion was seconded by Council Member ~UN1`PRC-~' and upon being put to a vote, the vote was as follows. FOR AGAINST P-R~" c~,~,~-~~r ~s • The Mayor thereupon declared the Resolution duly passed and adopted this /~f~day of ' Z,(..~ - 2004. VII.,LAGE OF TEQUESTA ;~ Mayor Pat Watkins VII,LAGE CLERK ,, Acting illage Clerk Betty Laur • • • INTERLOCAL AGREEMENT This counterpart Interlocal Agreement is made this ~'<-2 day of mow' 200, between the Undersigned Member, (/i / j,i uN oT /~u ~ s~~ and each and every other Signatory Member (Palm Beach County, inlet/special taxing districts, environmental groups, coastal municipalities and the Palm Beach County League of Cities). WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, • privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the parties desire to establish a Council to be a forum for information exchange and education about beach and shore protection, preservation and/or enhancement. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Recitals The foregoing recitals are true and correct and hereby incorporated by reference. Section 2. Purpose The purpose of this Agreement is to establish and provide for the Palm Beach Countywide Coastal Council (Coastal Council). The Coastal Council is designed to be an informal forum for the exchange of information and education of its members about the • ~ • protection and enhancement of the Atlantic coast in Palm Beach County. Section 3. Obiectives The objectives of the Coastal Council are as follows: 1. Increase member awareness and knowledge of coastal projects in order to increase trust and cooperation. 2. Discuss new and existing methods of erosion control, storm protection, beach nourishment and preservation, as well as coastal environmental protection. 3. Achieve better working relationships and communication between members. 4. Allow various interest groups to have an equal opportunity to be heard on coastal issues. Section 4. Council Membershia Membership on the Coastal Council shall be possible for the following entities: 1. Palm Beach County; 2. Each inlet or special taxing district having jurisdiction over land fronting on the Atlantic Ocean in Palm Beach County (currently Jupiter Inlet District, Port of Palm Beach District, and the Greater Boca Raton Beach Tax District); 3. Environmental bodies expressly concerned with the Atlantic Ocean beaches and shores in Palm Beach County (currently Audubon Society and the Marine Life Center of Juno Beach); • 4. Each Palm Beach County coastal municipality that owns or controls land fronting on the Atlantic Ocean; and 5. The Palm Beach County League of Cities. An entity becomes a Member upon execution of this Interlocal Agreement. Membership maybe extended in the future to a new entity falling into one of the above categories by majority vote of the Coastal Council. Each member of the Coastal Council shall be an equal member and each Member shall be entitled to one (1) representative. Each representative must be properly authorized by a Member. Section 5. Council Meetings The Coastal Council shall meet semi-annually. Additional meetings may be held, if required, upon majority vote of the Members present. Palm Beach County shall provide a meeting place and technical staff to the Members. Palm Beach County shall also notify Members of meetings and provide necessary technical equipment for meetings. Section 6. Council Organization A Moderator shall preside over each Coastal Council meeting. The Moderator shall be a volunteer from among the Members to serve for the calendar year. Within thirty (30) days after the meeting, the Moderator shall prepare a brief summary of the meeting and provide the summary to Palm Beach County. The summary shall be distributed electronically by Palm Beach County to all Members. A recording of the meeting shall be created and stored for a two (2) years by Palm Beach County for review upon request. Section 7. Council Discussion • 2 • Presentations and discussions shall be limited to matters pertaining to the Objectives of the Coastal Council as described in Section 3 of this Agreement. Every Member is encouraged to present a brief presentation annually. Member presentations and discussions may include: shore protection projects, sand transfer plants, maintenance dredging projects, preservation and/or enhancement projects, reports, surveys, coastal policies, codes, ordinances, resolutions, funding, monitoring and environmental issues. Section 8. Amendment This Agreement may be amended or modified only by written agreement executed by all the parties hereto. Section 9. Withdrawal Members of the Coastal Council may withdraw from the Coastal Council by written notice to the current Moderator. The written notice must be signed by an individual or group authorized to act on behalf of the Member. Membership in the Coastal Council shall cease upon • receipt of the notice. Section 10. Term/Effective Date This Agreement shall take effect upon execution by Palm Beach County. The term of this agreement shall be for a period of ten (10) years, with automatic five (5) year extensions unless terminated as provided herein. Section 11. Termination This Agreement shall automatically terminate upon the written agreement of all parties hereto or upon the withdrawal of all but six (~) Members from the Coastal Council. Section 12. Governing Law/Venue This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. Section 13. Counteruarts This Agreement may be executed in one or more counterparts, each of which shall be • 3 • deemed an original, but all of which together shall constitute one and the same instrument. • • Section 14. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. ATTEST: B .~'~~.~- ~~~~ y~ VILLAGE OF TEQUESTA By: CrJu:~'~-C~t~ Mayor/ - G:\WPDATA\EN VIR\NDolan\E RM\beachgeneric.wpd 4