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MEMORAI�IDUM
TO: Mayor, Council, and Village Manager
FROM: Betty Laur, Acting Village Clerk
DATE: August 6, 2004
SUBJECT: Pa1m Beach Countywide Coastal Council
Resolution 58-03/04 provides that the Village of Tequesta will be a member of the new
Pa1m Beach Countywide Coastal Council (Coastal Council) and will have a
representative on the Council.
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RESOLUTION NO. 58-03/04
A RESOLUTION OF THE VII.LAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, EXP"RESSING
THE DESIRE OF THE V�LAGE COUNCIL TO ENTER INTO THE
1 INTERLOCAL AGREEMENT RELATING TO THE PALM BEACH
COUNTYWIDE COASTAL C�UNCII.. (C4ASTAL COUNCII..) AND
TO HAVE A REPRESENTATIVE OF THE VII,LAGE OF TEQUE5TA
APPOINTED TO SAID COUNCIL.
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 Pa1m 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 Caunty 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 TF� VII..LAGE 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.
5ection 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.
Section 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 , who moved its.
adoption. The motion was seconded by Council Member and upon being put to a
vote, the vote was as follows.
FOR AGAINST
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The Mayor thereupon declared the Resolution duly passed and adopted this day of
, 2004.
VII.,LAGE OF TEQUESTA
Mayor Pat Watkins
VII.,LAGE CLERK
Acting Village Clerk Betty Laur
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INTERLOCAL AGREEMENT
This counterpart Interlocal Agreement is made this 12�` day of August, 2004, between the
Undersigned Member Village of Tequesta 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 }ointly 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, tertns, 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
4. Each Palm Beach county coastal municipality that owns or controls land fronting
on or adjacent to the Atlantic �cean; and
5. The Palm Beach County League of Cities.
An entity becomes a Member upon execution of this Interlocal Agreement. Membership
may be e�ctended 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
proposed by the Moderator and upon consent of the majority of the Members. Palm Beach
County shall provide a meeting place and technical staffto the Members. Palm Beach County
shall also notify Members of ineetings and provide necessary technical equipment for meetings.
Section 6. Council Organization
A Moderator sha11 preside over each Coastal Council meeting. The Moderator and
Alternate Moderator shall be a volunteer from among the Members to serve for the calendar
year. Within thirty (30) days after the meeting, the Moderator sha11 prepare a brief summary of
the meeting and provide the summary to Palm Beach County. The summary shall be distrihuted
electronically by Palm Beach County to a11 Members. A recording of the meeting shall be
created and stared for two (2) years by Palm Beach County for review upon request.
Section 7. Counci! Discussion
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 aniy by written agreement executed by all
the parties hereto.
Section 9. Wit6drawal
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 sha11 be for a period of ten (10) years, with automatic five (5) year e�ensions
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 (6) 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. Counterparts
This Agreement may be executed in ane or more counterparts, each of which shall be
deemed an original, but a11 of which together shall constitute one and the same instrument.
Section 14. Entiretv of Agreement
This Agreement represents the entire understandin,g between the parties, and supersedes
all other negotiations, representatians, or agreement, either written or oral, relating to this
Agreement.
VII.,LAGE OF TEQUESTA
Pat Watkins, Mayor
ATTEST:
Betty Laur, Acting Village Clerk