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2005-037 Road Reduction Interlocal Agreement with MPO RESOLUTION 37-2005 •' A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY, THE METROPOLITAN PLANNING ORGANIZATION (MPO) AND OTHER MUNICIPALITIES ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR NOTICE, ANALYSIS AND REVIEW REQUIREMENTS WHEN THE COUNTY OR A MUNICIPALITY THAT IS A PARTY TO THE AGREEMENT SEEKS TO LIMIT THE PLANNED OR EXISTING TRAFFIC CAPACITY OF ONE OR MORE METROPOLITAN PLANNING ORGANIZATION (MPO) PLAN ROADS; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Interlocal Agreement with Palm Beach County, the Metropolitan Planning Organization and other municipalities attached as Exhibit "A", which agreement provides for notice, analysis and review requirements when the county or a municipality that is a party to the agreement seeks to limit the planned or existing traffic capacity of one or more Metropolitan Planning Organization (MPO) Plan roads. Section 2. The Village Council of the Village of North Palm Beach, Florida, does hereby authorize and direct the Mayor and Village Clerk to enter into the said Interlocal Agreement attached as Exhibit "A" and made part of this resolution. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 28th DAY OF AF ,,,,,.,. ,, .,.., .~, (Village Seal)'',;, i ~l;Rlu.1 ~,. ;, ',, ., ,~,,e~ ~' ,0' ATTEST:'"' ,~~~`' • VILLAGE CLE INTERLOCAL AGREEMENT . This Interlocal Agreement is made the day of , 200_, between Palm Beach County, a political subdivision of the State of Florida (hereinafter "COUNTY"), the Metropolitan Planning Organization ("MPO"), and those municipalities located in Palm Beach County that have executed this Agreement (hereinafter referred to singly as "MUNICIPALITY" or collectively as "MUNICIPALITIES"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. 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, the Charter of Palm Beach County authorizes the COUNTY to establish levels of service on collector and arterial roads that are not the responsibility of any municipality and to restrict countywide the issuance of development orders that would allow traffic to exceed these levels of service; and WHEREAS, the COUNTY has adopted in its Comprehensive Plan a Thoroughfare Right-of--Way Identification Map which includes public rights of way operated and maintained by the State, COUNTY and MUNICIPALITIES (hereinafter "Ultimate Right-of--Way Roads"); and • ~, WHEREAS, the Metropolitan Planning Organization (MPO) has adopted a Highway Component Map which includes roads operated and maintained by the State, COUNTY and MUNICIPALITIES (hereinafter "MPO Plan"); and WHEREAS, the COUNTY and MUNICIPALITIES desire in this Agreement to establish uniform, minimum review procedures and criteria to be applied before taking action that results in reduction of actual or planned traffic capacity on any MPO Plan Road or that results in any reduction of the ultimate right-of--way widths for any Ultimate Right-of--Way Road. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to establish uniform, minimum review procedures and criteria to be applied before taking action that results in reduction of actual or planned traffic capacity on any MPO Plan Road or that results in any reduction of the ultimate right-of--way widths for any Ultimate Right-of--Way Road and to require adequate notice to the affected local governments of such proposed actions. Section 2. Definitions The following definitions shall apply to this Agreement: "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "Ultimate Right-of--Way Roads" are all streets as defined in the Thoroughfare R-O-W Identification Map, Map TE 14.1 of the Plan as it may be amended. "MPO Plan" means roads identified in the Metropolitan Planning Organization Transportation System for Palm Beach County -Highway Component Map, in effect at the time • 2 the COUNTY or any MUNICIPALITY provides notice of its intent to reduce actual or planned traffic capacity as set forth in this Agreement. Section 3. Applicability A. This Agreement shall apply within the unincorporated areas of Palm Beach County and within the jurisdictional boundaries of each MUNICIPALITY that has executed this Agreement. B. The Notice, Analysis, and Review requirements set forth in this Agreement shall apply when the COUNTY or a MUNICIPALITY seeks to limit the planned or existing traffic capacity of one or more MPO Plan Roads by eliminating existing or planned lanes below the number of lanes included in the Highway Component Map of the MPO Plan, or by reducing the width of the ultimate right-of--way for any Ultimate Right-of--Way Roads below the width shown on the Thoroughfare Right-of--Way Identification Map (together or individually hereinafter referred to as "Road Reduction Action"). Section 4. Notice Required The COUNTY or any MUNICIPALITY initiating any Road Reduction Action (hereinafter "Initiating Local Government") must provide at least 120 days' prior notice to all other parties to this Agreement before considering any Road Reduction Action as described in Section 3.B. above. This notice shall identify road or roads, the precise action being considered by the governing body, and all scheduled public hearings at which this action will be considered. Section 5. Analysis and Review Along with the notice required in Section 4, the Initiating Local Government must submit the following information to the Metropolitan Planning Organization (MPO) for review: C7 ~.,. A. Change to MPO Plan Road 1. The Initiating Local Government shall request that the MPO analyze any proposed elimination of any existing or planned lanes on an MPO Plan Road. The local government shall submit whatever information is required by the MPO in order to run the long-range transportation model with the change to the MPO Plan Roads that the local government desires to make. 2. The MPO agrees to run the model and provide COUNTY and MUNICIPALITIES with a report detailing whether the proposed change will result in any additional road failures according to the MPO Plan or whether the proposed change will further negatively impact any road on the MPO Plan that is already projected to fail. This report shall be transmitted to all the parties within 60 days of submittal of the request for analysis. If any negative impact is identified by the MPO, the requesting local government shall identify mitigation measures that will address the negative impacts identified by the MPO. The local government shall provide all other parties with a copy of the MPO's report and the proposed mitigation measures at least thirty (30) days prior to the consideration of the elimination of any existing or planned lanes on an MPO Plan Road. B. Change to Reduce Right-of--Way on Ultimate Right-of--Way Roads The Initiating Local Government for any proposed reduction to the adopted right-of--way for an Ultimate Right-of--Way road shall prepare a detailed traffic analysis of the subject road and all surrounding roads that would be affected by the • 4 Y' change that takes into account all existing and committed development and all applicable Future Land Use designations and that addresses the following criteria: a. Whether improvements are proposed to the Ultimate Right-of--Way Road under consideration. b. Whether improvements are proposed to reliever facilities and the extent that such a reliever would impact traffic on the Ultimate Right- of-Way Road under consideration. c. The physical characteristics of the property adjacent to the Ultimate Right-of--Way Road under consideration. d. The character of the area businesses or neighborhood adjacent to the Ultimate Right-of--Way Road under consideration, and the extent of impact on such, including impact on pedestrian accessibility and safety. e. The projected cost of adding additional capacity to the Ultimate Right- of-Way Road or reliever facilities and the amount of capacity that would be added. f. The existing and projected volume-to-capacity of the Ultimate Right- of-Way Road and the surrounding Major Thoroughfares before and after the proposed modification. g. Availability and z;ost of mitigation strategies to offset decrease in roadway capacity. h. Historical significance and the extent of impact on such. i. Aesthetics and the extent of impact on such. 5 j. Impact on health and safety services such as law enforcement and fire rescue response times. k. Impact on existing and planned hurricane evacuation routes. 2. If the reduction in right-of--way width also results in a reduction of lanes for an MPO Plan Road, the analysis required by Paragraph A above must also be performed. 3. The Metropolitan Planning Organization shall evaluate the analysis and receive and consider comments provided by the COUNTY and affected MUNICIPALITIES as appropriate, and provide recommendations to the Initiating Local Government and any requesting local government at least sixty days prior to the consideration of any reduction in right-of--way on any Ultimate Right-of--Way Roads. Section 6. Effective Date This Agreement shall take effect upon execution by the COUNTY, MPO, and participating MUNICIPALITIES, and the filing of the executed Agreement as required by Section 11. In addition, the Agreement shall become effective and remain in effect only for so long as the COUNTY, MPO, and MUMCIPALITIES with construction and maintenance responsibilities for at least thirty six of the fifty five roads listed in Exhibit A hereto remain a party to this Agreement. Section 7. Termination The COUNTY or any MUNICIPALITY can withdraw as a party to this Agreement upon 60 days' written notice to the other parties and the MPO. r~ ~_~ 6 ~. Section 8. Enforcement Costs Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, provided, however, that this clause pertains only to the parties to this Agreement. Section 9. Notice All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: COUNTY Name/Office Address City State Zip METROPOLITAN PLANNING ORGANIZATION Name/Office Address City State Zip CITY Village of North Palm Beach Name/Office Mark Bates , Vi 11 aoe Manager Address 501 U . S . Highway 1 City State Zip North Palm Beach- FL 33408-4906 [list additional cities as needed) Section 10._ Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. ~~ ~J 7 y. Section 11. Filing A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 12. Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. Section 13. Amendments This Agreement may be amended by written approval of each of the parties hereto. Section 14. Remedies 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. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 15. Time of the Essence The parties expressly agree that 'time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any • other rights or remedies, relieve the other party of any obligation to accept such performance. 8 t~, Section 16. Captions • The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 17. Severability In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 18. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. Section 19. 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. [the remainder of this page left intentionally blank] • 9 • Yw IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS SHARON R. BOCK By: By: Tony Masilotti, Chair ATTEST: By: METROPOLITAN PLANNING ORGANIZATION By: Jeff Koons, Chair ATTEST: By` -~~G~~//~Q,,~~ Village Clerk VILLAGE OF NORTH PALM BEACH By: ti r~ ~_~ • • ROAD Tequesta Drive County Club Toney Penna Drive Burns Road Holly Drive Lighthouse Drive Park Avenue Water Tower Road THOUGHFARE PLAN ROADS THAT ARE NOT COUNTY OR STATE ROADS FROM US Highway Tequesta Drive Alt AlA Military Trail Military Trail Holly Drive Old Dixie Old Dixie Hwv TO Country Club Martin County Line Central Blvd Prosperity Farms Road Alt AlA US 1 US 1 ~nntrrecc Avenue CITY Tequesta Tequesta Jupiter Palm Beach Gardens Palm Bch Gardens North Palm Beach Lake Park T alre Parlr W. 13` Street Australian Avenue US 1 Riviera Beach Shiloh Drive Villa e Blvd Milita Trail West Palm Beach Cumberland Drive Milita Trail Villa e Blvd West Palm Beach Shenandoah Drive Milita Trail Villa e Blvd West Palm Beach Village Blvd/ S encer Drive Okeechobee Blvd 45` Street West Palm Beach 36` Street Australian Avenue Fla ler Drive West Palm Beach 25` Street Australian Avenue Poinsettia West Palm Beach Fla ler Drive 36` Street Southern Blvd West Palm Beach Parker Ave/ Tamarind Avenue 25` Street Forest Hill Blvd West Palm beach Olive Avenue Palm Beach Lakes Blvd East of West Palm Beach Cit Limits West Palm Beach N County Road / Ocean Blvd Royal Poinciana Wa Indian Road Palm Beach North Lake Way / Bradley Place / Coconut Row Indian Road Royal Palm Way Palm Beach Ro al Palm Wa South Count Road Ocean Blvd Palm Beach Crestwood Blvd Royal Palm Beach Blvd Okeechobee Blvd Royal Palm Beach Royal Palm Beach Blvd 40` Street State Road 80 Royal Palm Beach Pine Tree Lane Forest Hill Blvd 17` Avenue Lake Clarke Shores 17` Avenue North Pine Tree Lane Dixie Hi hwa Lake Worth 12` Avenue South Dixie Hi hwa Lake Osborne Drive Lake Worth Binks Forest Drive State Road 80 Greenview Shores Wellin ton Paddock Drive Bi Blue Trace Wellin ton Trace Wellin ton Wellin ton Trace Greenbriar Blvd Forest Hill Blvd Wellin ton Bi Blue Trace State Road 80 South Shore Blvd Wellin ton 1 Greenview Shores Blvd South Shore Blvd Binks Forest Drive Wellington Aero Club Drive Greenbrier Blvd Binks Forest Drive Wellin ton Greenbrier Blvd Aero Club Drive Greenview Shores Blvd Wellington South Shore Blvd Forest Hill Blvd Lake Worth Road Wellin on Lake Worth Road State Road 7 South Shore Blvd Wellin ton Gatewa Blvd Con ess Avenue US 1 Bo ton Beach Seacrest Blvd Lake Ida Road Gulfstream Blvd Delra Beach Gulfstream Blvd Seacrest Blvd US 1 Delra Beach Swinton Avenue 25t Court S.E. lOt Street Delra Beach Atlantic Avenue Swinton Blvd N.E. St Avenue Delray Beach Lake Ida Road (NE 4th) Swinton Blvd US 1 Delray Beach Geor e Bush Blvd Swinton Blvd AlA Delra Beach SE lOt Ave Homewood Blvd US 1 Delra Beach Homewood Blvd Linton Blvd Atlantic Avenue Delra Beach Dixie Hi hwa Linton Blvd SE l Ot Street Delra Beach Boca Raton Blvd Palmetto Park Road Clint Moore Road Boca Raton Yamato Road Jo Rod Milita Trail Boca Raton S apish River Blvd Milita Trail Federal Hi wa Boca Raton Potomac Road Jo Road Milita Trail Boca Raton Perimeter Road S apish River Blvd Glades Road Boca Raton NW 4` Avenue Palmetto Road North 20` Street Boca Raton North 20t Street NW 4t Street Federal Hi hwa Boca Raton 12t Avenue (14`h St110`h Ave) Camino Real Glades Road Boca Raton Mizner Blvd Federal Hi hwa Federal Hi hwa Boca Raton • Glades Area not addressed • Road in the Acreage/Loxahatchee Groves not addressed N:\TRAFFIC\CRW\Thoughfare Plan Roads -Not Co or State.doc Revised: 04/20/05 •