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HomeMy WebLinkAboutDocumentation_Regular_Tab 8C_4/16/1992 , a . i . No P"'', , ,' VILLAGE OF TEQUESTA ;, l,r` Post Office Box 3273 •• 357 Tequesta Drive ; ;�, �l%ie�t Tequesta, Florida 33469-0273 • (407) 575.6200 �,41 ;'° FAX: (4(171 575.6201 y L t MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager '--7— • DATE: April 8, 1992 SUBJECT: Amendments to the Interlocal Agreement Between the School Board of Palm Beach County, the Palm Beach County Board of County Commissioners, the Town of Jupiter and the Village of Tequesta Relating to Student Assignment ; Agenda Item At their meeting on March 4, 1992, the School Board of Palm Beach County approved the Interlocal Agreement Relating to Student Assignment and Addendum. The Addendum was drawn up by School Board attorneys and staff in response to changes made by the local governments to the original Agreement. Palm Beach County, Jupiter and Tequesta were given approximately thirty days to review and respond to the Addendum. After reviewing the same, administration, staff and attorneys of the local governments concluded that the amendments to the Agreement (addendum) were not acceptable. At a recently held joint meeting to address the same, staff and attorneys from the School Board of Palm Beach County, Palm Beach County, Jupiter and Tequesta mutually agreed to totally disregard the Addendum and revert back to the original Interlocal Agreement, as approved by all parties, with the following amendments: (Additions are underlined; deletions are bolded below and stricken in the text of the document, attached. ) 1) Corrects the date of the effective school year for school boundary exemption. - Section 2.03 School Boundary Exemption - Paragraph 1: This exemption will allow children who reside in these SAC' s to attend the nearest available school effective the 1992-93 school year. . . 2) Stipulates the date of the end of the "grace" period for compliance. - Section 2.03 School Boundary Exemption Paragraph 2: The LOCAL GOVERNMENTS shall achieve and maintain a public school population within the SAC's in Exhibit "A" of between 10 and 40 percent Black by December 31, 1995 (the "racial balance".) . Recycled Paper Memorandum: Village Council April 8, 1992 Page 2 - 3 ) Deletes the provision for subdivision, on a pro rata basis, of awarded attorney' s fees, costs or damages in the event Legal Proceedings are filed jointly against the parties to the Agreement, and deletes the definitions of "pro rata" for the purposes of this Agreement, as noted below. - Section 4. 01 Indemnity - In the event Legal Proceedings are filed jointly against the parties to the Agreement, and the plaintiff(s) are successful in the award of attorney's fees, costs or damages, then the sum thereof shall be subdivided on a pro rata basis between the parties against whom said award is awarded. For the purposes of this Agreement, the term "pro rata basis" shall be determined by a percentage of each LOCAL GOVERNMENT 'S population compared to the entire population included within this Agreement. For purposes of "pro rata" as to the County, only that minor geographical portion of the County specifically delineated in Exhibit "A" shall be considered as the "entire population. " It was the consensus of all parties to incorporate these amendments in the original Interlocal Agreement, executed by Palm Beach County, the Town of Jupiter, and the Village of Tequesta, and present the same to the respective governing bodies for consideration as soon as possible. If approved, the changes will be initialed and the executed Agreement will be forwarded to the School Board of Palm Beach County for final approval and execution at the May 6, 1992, School Board Meeting. I recommend that the Village Council approve the amendments to the Interlocal Agreement Relating to School Assignment. TGB/jmm Attachments • R92 .153 ® INTERLOCAL AGREEMENT RELATING TO STUDENT ASSIGNMENT JAN 2 8 1992 This Agreement, made this day of 1992 , between the School Board of Palm Beach County, Florida, the governing body corporate for the Palm Beach County Public School District (hereinafter "SCHOOL BOARD") and the Palm Beach County Board of County Commissioners, the Town of Jupiter and the Village of Tequesta (hereinafter the "LOCAL GOVERNMENTS") . WHEREAS, the SCHOOL BOARD has the sole and complete authority to locate and maintain schools and to assign pupils to those schools in compliance with both federal and state constitutions, laws, rules, and regulations; and WHEREAS, the LOCAL GOVERNMENTS have declared their commitment to affordable housing and racial integration of their residential neighborhoods and desire to maintain and enhance a racially balanced public school population in the Study Area Codes (SACs) identified in Exhibit "A" assigned by the SCHOOL BOARD within the area included within this Agreement; and WHEREAS, in accord with SCHOOL BOARD Policy 1. 045, the SCHOOL BOARD may assign students to attend the nearest available school in their SAC areas as long as such assignment does not negatively impact racial balance in those schools; and WHEREAS, the LOCAL GOVERNMENTS have requested that the SCHOOL BOARD authorize boundary exemptions in order to further integration/desegregation in the area so that students who reside in the SACs indicated in exhibit "A" may attend the nearest available schools; and WHEREAS, the SCHOOL BOARD and the LOCAL GOVERNMENTS desire to memorialize the terms for the requested boundary exemptions to ensure compliance with and for administration of those terms; and WHEREAS, this Interlocal Agreement is made in furtherance of the goals, objectives and policies of the Comprehensive Plans adopted by each LOCAL GOVERNMENT pursuant to Chapter 163, Florida Statutes, and the constitutional and statutory powers of the SCHOOL BOARD and the LOCAL GOVERNMENTS. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein, it is hereby agreed as follows: 1. The recitals set forth above are hereby confirmed and ratified; and 2 . The parties hereto shall adhere to and be bound by said Articles and Sections. r n ARTICLE I PURPOSE AND SCOPE Section 1 .01 . The purpose of this Agreement is to provide specific terms and conditions for the LOCAL GOVERNMENTS to maintain and enhance a racially balanced public school population within the area included within this Agreement and for the SCHOOL BOARD to grant certain school boundary exemptions to facilitate achievement of the SCHOOL BOARD'S racial balance goals and to facilitate achievement of the LOCAL GOVERNMENT'S goals of : ( 1) ensuring that all LOCAL GOVERNMENT public school students in the SACS identified in Exhibit "A" attend the nearest available schools as defined herein; and (2) promoting affordable housing opportunities within the area included within the Agreement . ARTICLE II MAINTENANCE AND ENHANCEMENT Section 2 .01 - LOCAL GOVERNMENT Implementation The LOCAL GOVERNMENTS shall be responsible for the implementation, as permitted by law, of the proposed plan to maintain and enhance a racially balanced public school population and for conducting the ordinary and usual business and affairs in connection with the proposed plan. The parties intend that all residential areas in the SACs in Exhibit "A" in which public school students reside, or may reside, shall be governed by the terms of this Agreement. Section 2 .02 - Proposed Plan The LOCAL GOVERNMENTS have provided to the BOARD's Growth Management Center a written proposal which delineates their strategies to maintain and enhance a racially balanced public school population within the area included within this Agreement. Racial balance is achieved where the population of the LOCAL GOVERNMENTS included within this Agreement reflect the public school population by race in accord with SCHOOL BOARD Policy 1.045. The plan includes, and is not limited to: ( 1) information concerning the number/type of dwelling units within the area included within this Agreement; (2) the marketing and financing program(s) to reach potential tenants/buyers; and (3) the designated maintenance and enhancement of integration goals for tenants/buyers. The plan shall be attached hereto for information only as Exhibit "B" . The LOCAL GOVERNMENTS covenant, warrant, and represent that they shall endeavor to implement the plan as permitted by law. 2 Section 2 . 03 - School Boundary Exemption Pursuant to SCHOOL BOARD Policy 1 . 045, the SCHOOL BOARD will grant to the public school population within the SAC' s in Exhibit "A" a revocable administrative school boundary exemption . This exemption will allow children who reside in C ' s to attend the nearest available school effective the 199 -93 school year as long as the LOCAL GOVERNMENTS meet the con ns noted within this Section. The term "nearest available school" means a school located within the City' s corporate boundaries, then/or within a five-mile radius of the City' s corporate boundaries . Students residing in the City and currently assigned to schools outside the five-mile line will be extended a student assignment exemption as provided elsewhere within this Agreement and will be assigned to the nearest available school . Students residing in the City and presently assigned within the five-mile line will automatically be granted a student assignment exemption to permit them to remain at their presently assigned school for as long as the City meets conditions of this Agreement . The only exception to these automatic exemptions will be for students reassigned due to the opening of new schools or to relieve overcrowding except that a student presently assigned to a school outside the five-mile line may, at his/her option, remain at that school . The LOCAL GOVERNMENTS shall achieve and maintain a public school population within the SAC ' s in Exhibit "A" of between 10 and �3 40 percent Black (the "racial balance" ) . The LOCAL GOVERNMENTS will be in compliance with this Agreement and the SCHOOL BOARD will assign students from the LOCAL GOVERNMENTS to the nearest available school (as defined hereinabove) pursuant to SCHOOL BOARD Policy 1 . 045 . The Superintendent shall monitor quarterly and report annually commencing September 30, 1992, on the racial balance of public school students Citywide. If the LOCAL GOVERNMENT ceases to be in compliance with the Agreement, the SCHOOL BOARD shall provide the LOCAL GOVERNMENT with written notice thereof . After receipt of the notice, the LOCAL GOVERNMENT shall have four quarterly reporting periods in which to bring the public school population into compliance with the Agreement. As long as the LOCAL GOVERNMENT is in compliance with the Agreement, students shall be assigned to the nearest available schools . If the LOCAL GOVERNMENT• does not comply with the Agreement, after notice and time to comply, the boundary exemptions contained herein will expire without further action .by either party. 3 • ARTICLE III TERM AND TERMINATION section 3 . 01 Term: This Agreement shall continue for an indefinite period of time from the date of this Agreement until terminated in accordance with the provisions herein. Unless otherwise specifically provided, the exercise or use of one of the provisions shall not preclude the exercise or use of any other provisions. Section 3, 02 Termination; This Agreement shall terminate automatically, without further liability or obligation, if any of the following events occur: A. The LOCAL GOVERNMENT does not comply with the Agreement; or B. The LOCAL GOVERNMENT fails to maintain the racial balance as defined herein, but only if the LOCAL GOVERNMENT is not in compliance with the proposed plan after the four quarterly reporting periods following notification of noncompliance or, for good cause shown, additional reporting periods at the discretion of the SCHOOL BOARD; or C. The SCHOOL BOARD does not comply with the Agreement; or D. Any LOCAL GOVERNMENT may withdraw upon notifying the other parties in writing they are withdrawing from the Agreement, but such withdrawal shall not terminate this Agreement for those parties remaining. ARTICLE IV MISCELLANEOUS PROVISIONS Section 4 . 01 Indemnity: Should the rights of any party to enter into and perform under this Agreement be challenged in any way in a lawsuit, arbitration or administrative proceeding (the "Legal Proceedings") and a LOCAL GOVERNMENT be made a party thereto or the LOCAL GOVERNMENT'S right to perform under the Agreement or benefits to be derived by the LOCAL GOVERNMENT from the Agreement be made subject to or effected by such Legal Proceedings, then the School Board and the LOCAL GOVERNMENT hereby agree to bear their own costs, of whatsoever nature, incurred as a result of any of the foregoing events. --r-- Y r-eC.eed tg-s a r e F; 7 d �G n 4-1 y g �iva'Tv'--w;1^�2'Gain-TvisZviT-�6x _ 1� ---t-e-t ?ee , cintiff(s) are-eueees-GEta---iii-the-award---- , of A 4 - caid awia-r-d--is--awa-pied,-,---For---the purposes---of--this Agre e-nt;---th•e— • - ter-ate ' ara rata-bass-eha3l-be determined- by-a--percentage---o -ea.ch- ---LOCAL,-GOv-ERN•MF '-1- ---pop.ula-tion_campared--to- the-entire psp 4-ea1- i-n<yl ed--w-i-t-h i-n--this-�tq reeme n t-----Fer-pu r-po&ee•--o f -o-- - �tc—c" -rea sjf T—t7n�y t at--11T21717 L ge oy L aphfe a- --por-t i on-e-f--'t e-- 6ra3L`y spee-i-€i-ea-l.l-y_delineated--in-Exhibit "A" sha 1 be c3c asad ed s_�ha_-- -uen•tirer popu-l-a -e&4- Initiation of Legal Proceedings may affect the school boundary assignments of the public school population residing in the LOCAL GOVERNMENT made pursuant to this Agreement should a court of competent jurisdiction invalidate, modify or in any way alter this Agreement. If such action is taken by a court, all parties are released from their obligations as stated herein. Section 4 . 02 Governing Law: This Agreement and the rights and obligations created hereunder shall be interpreted, construed and enforced in accordance with the laws of the United States and Florida. This Agreement shall not be construed against the party who drafted it and both parties have consulted experts/attorneys of their choosing. If any litigation should ba brought in connection with this Agreement, venue shall lie in Palm Beach County, Florida, and the prevailing party shall be entitled• to court costs and reasonable attorney fees. Section 4 . 03 Waiver: No consent or waiver, expressed or implied, by any party to or of any breach of default by the other in performance by the other of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligation of such party hereunder. Failure on the part of any party to complain of any act or failure to act of any of the other party or to declare the other party in default, regardless of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder. Section 4 . 04 Severability: If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected hereby and shall be enforced to the greatest extent permitted by law. Section 4 . 056 Entire Agreement: This Agreement contains the entire Agreement between the parties. No right, duties or obligations of the parties shall be created unless specifically set forth in the Agreement. No amendments or modifications of this Agreement will be binding and • valid unless made in writing and executed and approved by the 5 parties or their successors or assigns . Section 4 . 07 Binding Agreement : This Agreement shall inure to the benefits of and shall bind the parties, their heirs , successors or assigns . This Agreement may be assigned without consent of any Party and all of the terms and conditions set forth herein shall inure to the benefit of and shall bind the assignee. Section 4 . 08 Acceptance: This Agreement must be accepted by the parties hereto and fully executed. Section 4 .09 Notice: Any notices required under this Agreement shall be delivered by hand or by certified mail , return receipt requested, to the following: AS TO THE BOARD: Chairperson School Board of Palm Beach County 3910 RCA Boulevard, Suite 1011 Palm Beach Gardens, Florida 33410-4313 AS TO THE LOCAL GOVERNMENTS: Town Manager Town of Jupiter 210 Military Trail Jupiter, Florida 33458 Village Manager Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33468 County Administrator Palm Beach County c/o Governmental Center • 301 North Olive Avenue West Palm Beach, Florida 33401 • • The LOCAL GOVERNMENTS shall cause a duplicate original of this Agreement to be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida , as required by Section 163 . 01 ( 11 ) , F . S . IN WITNESS WHEREOF, the parties hereto cause the execution of this Agreement by their duly authorized officials . SIGNED, SEALED AND DELIVERED: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA Witness : By: BOARD CHAIRPERSON Witness : Date : ATTEST: TOWN OF JU 'ITER, FLORIDA MANAG . T WN L :2FC TOWN TOWN OF JUP TER TOWN OF JUPITER Date: fc /,; lt y iy. ATTEST: VILLAGE OF TEQUESTA, FLORIDA : - �� Byl'� � G/ V LLAGE CLERK VILLAGE MANAGER VILLAGE OF TEQUESTA VILLAGE OF TEQUE A Date: / 1 l /99 2 _ ATTEST: MILTON T. BAUER, CLERK PALM BEAC COMITY, FLORIDA, Soary of Count Commissioners BY ITS BO RD/OF COUNTY • `,� (1 By � � / COMMISSIO R \s,jay-V,(tt. DEPUTY CLERK L' CLERK, a?OARD OF COUNTY • C R COMMISSIONERS R 2 5 3 Date : JA 2 8 1992 7 Approved as to form and legal sufficiency: 10. By: ":=. R By: TOWN ATTO OFFICE OF GENERAL COUNSEL SCHOOL BOARD By: L � LLAGE ATTORNEY By COUNTY ATTORNEY ACRP1.2 ti EXHIBIT "A" TO INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, THE TOWN OF JUPITER, _ AND THE VILLAGE OF TEQUESTA 001 002 003A 003B 003C 004 005 006 007 008 009 010 O11A 011B 012 013 014 ' 015A 015B 016 017 018 019 020 021 022A 022B 025A 027 028 029 030 031 032 033 034 035A 035B 036 100 384A 384B agree.3 • EXHIBIT "B" TO INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, THE PALM BEACH COUNTY BOARD- OF COUNTY COMMISSIONERS, THE TOWN OF JUPITER AND THE VILLAGE OF TEQUESTA The area included within this agreement, adopted by the Palm beach County board of County Commissioners, the Town of Jupiter and the Village of Tequesta (hereinafter referred to as the "Local Governments" ) do hereby set forth and commit to the following plan in order to maintain a racially balanced public school population within that portion of the county encompassed by this Agreement. PLAN I . INTRODUCTION The area included within this Agreement comprises approximately 78 square miles, containing single family housing units and multifamily housing units. The area' s housing stock contains a mixture of retirement, single - family, multifamily, and rental units . The area included within this Agreement currently consists of approximately 7,424 students, of which an estimated 4 . 63% percent are black. Included within this area are five elementary schools, one middle school, and one high school . Also included within this area are students assigned to Dwyer High School and Duncan Middle School . II . STUDY AREA CODES The Study Area Codes (SACs) set forth in Exhibit "A" attached hereto shall be considered as one SAC by the School Board for the purposes of determining racial balance within the area included within this Agreement. • III. COMPREHENSIVE PLAN GOALS, OBJECTIVES, AND POLICIES The comprehensive plans of the Local Governments may contain the following goals, objectives, and policies in furtherance of this plan providing a wide range of affordable housing alternatives, encouraging business and industry to locate within the area included within this Agreement to provided employment opportunities in close proximity to housing; and maintaining a good balance of income levels for school integration . In the event one or more of these plans do not contain such goals , objectives , or policies , the Local Governments agree to consider adoption of appropriate amendments following the adoption of this Agreement . IV. LOCAL GOVERNMENT CODES The Codes of Ordinances of each Local Government may be revised as necessary and desirable to reflect additional goals, objectives, and policies . Specific changes could include the following: ( 1) encouraging, to the extent permitted by law, developers of all new residential developments to enter into a voluntary Developer ' s Agreement with the appropriate Local Government wherein the developer agrees to utilize its best efforts to achieve racial balance as a condition of development approval ; ( 2 ) utilizing any new or continuing administrative development approvals to encourage, or to the extent permitted by law, require as a condition of continued approval that the developer enter into a voluntary Developer' s Agreement with the Local Governments; and, ( 3) adding a section to the Local Government ' s Codes providing flexibility in housing size to encourage the provision of affordable housing in new residential developments . V. Annexations The Town of Jupiter and the Village of Tequesta will encourage, and to the extent permitted by law, will require developers of all new residential developments seeking annexation into their respective corporate boundaries as a condition of development approval to enter into a Developer' s Agreement with the appropriate municipality, wherein the developer agrees to use the best efforts to provide for a racial balance in the public school population anticipated to reside in the subject residential development. The provisions of such a agreement shall be substantially similar to those provisions set forth in this Exhibit "B" that are applicable to a new residential development. VI. PREVIOUSLY APPROVED RESIDENTIAL DEVELOPMENTS Ail previously approved residential developments remaining 2 under developer control within the area included within this Agreement will be encouraged to enter into a Developer ' s Agreement with the appropriate Local Government wherein the developer agrees to use its best efforts to provide for a racial balance in the public school population residing or anticipated to reside in the subject residential development . The provisions of such an agreement shall be substantially similar to those provisions set forth in this Exhibit "B" that are applicable to a previously approved development. Previously approved residential developments remaining under developer control that have not executed a Developer' s Agreement with the appropriate Local Government and that adversely impact the racial balance set forth in the Interlocal Agreement may be subject to the busing provisions of Board Policy 1 . 045 . VII . COPIES OF DEVELOPER' S AGREEMENTS . The Local Governments will provide the Board with copies of all Developer ' s Agreements entered into by any of the Local Governments with residential developers . If any developer enters into a voluntary Developer' s Agreement with any of the Local Governments to provide for • racial balance in the public school population in a subject development, and fails to perform in good faith pursuant to that Developer' s Agreement, then that development shall be subject to the busing provision of Board Policy 1 . 045. VIII . ADULT RESIDENTIAL COMMUNITIES Adult communities, defined as those residential communities or developments that conform to Federal criteria and guidelines for and qualify as "Adults Only" communities, shall be exempt from the provisions of this Interlocal Agreement. The Board shall certify to the Local Governments that such communities do not impact on the Local Governments ' SACs, or on the racial balance of the public school population in the area included within this Agreement. IX. NORTH COUNTY EDUCATION COMMITTEE The Local Governments will establish the "North County Education Committee" (hereinafter the "COMMITTEE) to assist in the implementation of this plan. The COMMITTEE is to be appointed by the Local Governments as follows: ( 1) two (2) members appointed by the Board of County Commissioners; 3 • ( 2 ) two ( 2 ) members appointed by the Jupiter Town Council ; ( 3) two ( 2 ) members appointed by the Tequesta Village Council ; (4 ) one ( 1 ) member appointed by the Jupiter-Tequesta-Juno Beach Chamber of Commerce; (5) one ( 1) member appointed by the Jupiter-Tequesta-Juno Beach Board of Realtors; and (6) one member appointed as a representative of the Parent- Teacher Organizations from the area' s schools . The COMMITTEE may establish such other subcommittees or task forces as may be necessary to assist in the completion of its responsibilities . The general responsibilities of the COMMITTEE are indicated below. ( 1) Marketing. Establish and implement a strategy to disseminate information regarding residential housing within the area covered by this agreement. Ideas for consideration would include: (a) notification of housing opportunities to major area employers ( including for example, Florida Power and Light, Pratt & Whitney, Palm Beach County School Board, South Florida Water Management District, Marquette Electronics, and U.S. Sugar) ; (b) advertising for housing and lifestyle in publications appropriate for young families with children; and (c) coordination with local civic organizations for "selling" the Northern Palm Beach County area such as the Chamber of Commerce of the Palm Beaches and the Business Development Board of Palm Beach County. • ( 2) Financing. Assist in the establishment of programs which will encourage residential developers to provide qualified home buyers with assistance in obtaining financing, including paying for loan closing costs, loan origination fees, interest rate buy-down, or reduced down payments . (3) Future Maintenance and Enhancement. The Local Governments, with the assistance of the Committee, having met and complied with Board Policy 1 .045, seek to remain in compliance with this Policy. In order to 4 maintain and enhance the racial balance of the community, the Local Governments and the Committee will undertake the following other maintenance and enhancement actions : (a) encourage the expansion and development of light industrial areas to provide a wide range and mix of local jobs; • (b) investigate the possibility of an areawide inner-city bus route to allow residents to live in the area included within this agreement without the need for personal transportation; (c) cooperate with the local Transit Authority to establish and expand bus service to connections to Tri-Rail and other appropriate areas of employment and residential opportunities; (d) survey the current minority population to learn why they chose to live in the area included within this agreement and then expand upon the positive results of the survey; (e) develop a package which demonstrates community services available for new residents, including government services, health care, churches, shopping, child care, summer programs, and other youth activities to be utilized in marketing; ( f) communicate frequently with the Board through the establishment of a joint BOARD/LOCAL GOVERNMENT/COMMITTEE working group to address such topics as quality of education, local school support, local education issues, new school planning and enhancement of racial balance, maintenance and improvement of existing educational facilities within the area included within this agreement, possible creation of a mathematics/science magnet school (or other appropriate magnet program) at Jupiter High School, and curriculum improvements at all area schools . . Additionally, members of the COMMITTEE and other residents will continue to participate in and encourage the Project Mosaic process . • £gree.1 5 GROWTH MANAGEMENT CENTER WILLIAM V.HUKILL SUP l� itt THE SCHOOL BOARD SUPERINTENDENT S `Y~ OF PALM BEACH COUNTY, FLORIDA �* o110 IrftAuGL OP : Y 3930 RCA BOULEVARD,SUITE 3001 a�zc't�` ti PALM BEACH GARDENS,FL 33410/272 '' er.Ira Mar. 8, � QUA � 407�24.7239 C—I ICJ 24 1�`�n it Vi1(AG I � Mr. Robert Weisman, County Administrator N,ANq Governmental Center �; OFFICE �0 301 North Olive Avenue West Palm Beach, Florida 33401 Mr. Michael A. Simmons, Town Manager Town of Jupiter 210 Military Trail Jupiter, Florida 33458 Mr. Thomas G. Bradford,' Village Manager Village of Tequesta P.O. Box 3273 Tequesta, Florida 33469 Re: Proposed Interlocal Student Assignment - Northern Palm Beach County Gentlemen: Attached please find copies of the Interlocal Student Assignment Agreement Amendment recently approved by the School Board. Upon timely receipt of fully executed copies of the Amendment from all three agencies, the School Board has agreed to sign the Agreement and Amendment and appropriate administrative exemptions will then be determined. By copy of this letter we are forwarding four copies of the Addendum to Marty Hodgkins. Those four copies are the "originals." That is, live signatures for all participating agencies must appear on those four copies. Please coordinate with him. By way of clarification, the consensus of the School Board seemed to be that if one or more parties opted not to accept the Amendment bringing the Agreement into conformity with other similar agreements, the remaining signatories would still have an agreement. Although the Board did not establish an absolute deadline for obtaining the executed Amendment, we will request that the School Board Chairman sign the' Agreement and Amendment if it is received in our office by the end of April. Since the Amendment deals with legal, not administrative, issues you are encouraged to direct inquiries to School Board General Counsel Abbey Hairston. Sincerely, William V. Hukill, P.E., Architect Assistant Superintendent WVH:bls Attachment cc: William G. Graham, School Board Chairman Dr. C. Monica Uhlhorn, Superintendent Abbey Hairston, General Counsel Marty Hodgkins, Community Development Director, Jupiter K. C. Collette, Assistant County Attorney H:\data\wp50\doe\agreemt\lupTegCo.ltr ADDENDUM TO STUDENT-REASSIGNMENT AGREEMENT TOWN OF JUPITER, VILLAGE OF TEQUESTA AND PALM BEACH COUNTY • Section 2.03 - School Boundary Exemption shall be amended as follows: Pursuant to School Board Policy 1.045, the SCHOOL BOARD will grant to the public school population within the SACs in Exhibit "A" a revocable administrative school boundary exemption. This exemption will allow children who reside in these SACS to attend the nearest available school effective in the 1992-93 school year as long as the LOCAL GOVERNMENTS meet the conditions noted within this section. The term "nearest available school" means a school located within the LOCAL GOVERNMENTS' corporate boundaries, then/or within a five mile radius of the LOCAL GOVERNMENTS' corporate boundaries. Students residing In the LOCAL GOVERNMENTS' and currently assigned to schools outside the five-mile line will be extended a student assignment exemption as provided elsewhere within this agreement and will be assigned to the nearest available school. Students residing In the LOCAL GOVERNMENTS and presently assigned within the five-mile line will automatically-be granted a student assignment exemption to permit them to retain their presently assigned school for so long as the LOCAL GOVERNMENTS meet the conditions of this Agreement. The only exception to these automatic exemptions will be for students reassigned due to the opening of new schools or to relative overcrowding, except that a student presently assigned to a school outside the five-mile line, may, at his/her option, remain at that school. The LOCAL GOVERNMENTS shall achieve and maintain a public school population within the SACs in Exhibit "A" of between 10 and 40 percent Black (the "racial balance"). Upon achievement of racial balance LOCAL GOVERNMENTS will be in compliance with this Agreement and the SCHOOL BOARD will assign students from the LOCAL GOVERNMENTS to the nearest available school (as defined hereinabove) pursuant to SCHOOL BOARD Policy 1.045. The Superintendent shall monitor quarterly and report annually commencing September 30, 1992, on the racial balance of public school students City and Countywide. If the LOCAL GOVERNMENT ceases to be in compliance with the Agreement, the SCHOOL BOARD shall be provided with written notice thereof. After receipt of the notice, the LOCAL GOVERNMENT shall have four quarterly reporting periods in which to bring the public school population into compliance with the Agreement. As long as the LOCAL GOVERNMENT is in compliance with the Agreement, students shall be assigned to the nearest available schools. If the LOCAL GOVERNMENT does not comply with the Agreement, after notice and time to comply, the boundary exemptions contained herein will expire without further action by either party, and the School Board shall take any action necessary to carry out its objectives regarding racial integration. Section 3.02 Termination: C. Any party may notify, in writing with 30 days notice that they are withdrawing from the Agreement. LOCAL GOVERNMENTS acknowledge the exemption will automatically expire and any attendance boundary adopted by the School Board shall immediately be in force and effect. Section 4.01 Indemnity: Should the rights of any party to enter into and perform under this Agreement be challenged in any way in a lawsuit, arbitration or administrative proceeding (the "Legal Proceedings") and a LOCAL GOVERNMENT be made a part thereto or the LOCAL GOVERNMENT'S rights to perform under the Agreement or benefits to be derived by the LOCAL GOVERNMENT from the Agreement be made subject to or effected by such Legal E!:\data\wp50\doc\egreeml\JupTegCo.rac 3/4/92 9H Revised Addendum to Student Reassignment Agreement Page 2 of 2 Town of Jupiter, Village of Tequesta, Palm Reach County Proceedings, then the SCHOOL BOARD and the LOCAL GOVERNMENT hereby agree to bear their own costs, of whatsoever nature, incurred as a result of any of the foregoing events. In the event legal proceedings are filed against all or some of the LOCAL GOVERNMENTS, the parties to the Agreement, and the Pialni.iffs are successful in the award of the attorney's fees, costs, or damages the sum thereof shall be equally distributed to all parties to this Agreement. Furthermore, the parties to this Agreement shall be held jointly and severally liable for said amounts and, notwithstanding the foregoing the parties to this Agreement, their successors and/or assigns may seek contribution as provided herein. Initiation of Legal Proceedings may affect the school boundary assignments of the public school population residing in the LOCAL GOVERNMENT made pursuant to this Agreement should a court of competent jurisdiction invalidate, modify or in any way alter this Agreement. If such action is taken by a court, all parties are released from their obligations contained in this Agreement, however this provision shall survive such termination and the parties acknowledge that they shall be liable for any costs as contemplated in this action of the Agreement. SIGNED, SEALED AND DELIVERED: THE SCHOOL BOARD OF PALM BEACH COUN , FLORID y Aerz___, Witness: /� �. A.•,�,' . f0 Lt d By: /! William G. Graham, Board Chairman P Witness: (271 -rt. � fie,e,_ Date: :5-f)-) ATTEST: TOWN OF JUPITER, FLORIDA • By: Town Clerk, Town of Jupiter Michael A. Simmons, Acting Town Manager • Date: ATTEST: VILLAGE OF TEQUESTA FLORIDA By: Village Clerk, Village of requests Thomas B. Brandford, Village Manager Date: ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Clerk. Board of County Commissioners Karen T. Marcus, Chair Date: Approved as to form and legal sufficiency: City Attorney 0 of eral Counsel. Sc Board H:\data\wpSO\doc\agreemt\JupTegCo.rac 3/4/92 9H Revised RF:SOLUTION NO. 7-91/92 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, • ACCEPTING AND APPROVING AN 1NTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA, TOWN OF JUPITER, AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY WITH THE SCHOOL BOARD OF PALM BEACH COUNTY REGARDING THE ASSIGNMENT OF STUDENTS RESIDING WITHIN THE VILLAGE OF TEQUESTA. WHEREAS, the Village Council of the Village of Tequesta desires to cooperate with the School Board of Palm Beach County and the Town of Jupiter and the Board of County Commissioners of Palm Beach County regarding the assignment of students residing within the Village of Toqueeta to local schools; and WHEREAS, the Village Council of the Village of Tequesta affirms its commitment ,to effectuating actions resulting in natural community racial integration within the areas included within this Agreement, and to maintain and enhance a racially balanced public school population in the study area codes (SACs) identified within thie Agreement; and WHEREAS, the Village Council of the Village of Tequesta, in cooperation with the Town of Jupiter and the Palm Beach County Board of County Commissioners and the School Board of Palm Beach County, desires to assure assignment of students residing within its corporate limits to attend the nearest available school; and WHEREAS, the Village Council of the Village of Tequesta requests the Palm Beach County School Board to authorize boundary exemptions to allow students residing within the Village limits to attend the nearest available school; and WHEREAS, the School Board and the Village of Tequesta desire to memorialize the terms for the requested boundary exemptions to ensure compliance with and for administration of these terms; and WHEREAS, this Interlocal Agreement is made in furtherance of the stated goals, objectives and policies of the Comprehensive Plan adopted by the Village of Tequesta pursuant to Chapter 163, Florida Statutes, and the Constitutional and Statutory Powers of the School Board and the Village of Tequesta. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Village of Tequesta hereby accepts and approves the Interlocal Agreement Relating to Student Assignment of the Tequesta student population as identified in Exhibit "A" attached hereto and made a part of this Resolution. Section 2. The Village Manager is hereby authorized to execute the Interlocal Agreement for and on behalf of the Village of Tequesta, to which the Village Clerk shall attest and affix the Village Seal. Section 3. The Village Manager is directed to do all things necessary to carry out the purposes and intent of this Resolution. Section 4, The Village Clerk is diro.rled to forward a certified copy of this Resolution to the 'fowr, of Jupiter, the Board of. County Commissioners of Palm Beach County and the School Board of Palm Beach County. Section 5. This Resolution shall take effect immediately upon its adoption. • THE FOREGOING RESOLUTION _ WAS OFFERED by Councilmeniber Cull :Jigs._ _ who moved its edoption. The motion was seconded by I Councilmember Burckart and upon being I put to a vote, tho vote was as follows: FOR ADOPTION AGAINST ADOPTION __ J4se,h N. Canrctta -- ---- -- ^---- _ Edward C. Howell • Ron T. Mackail William F.. Burckart Earl L. Collings The Mayor thereupon declared the Resolution duly passed and adopted this 30th day of January, A.D., 1992. MAYOR OF TEQUESTA Joseph N. Capre to ATTEST: • 3bann Mangani to Village Clerk •