2004-036 Interlocal Agrmt. w/PBC to Establish Coastal Council•
RESOLUTION 36-2004
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 ATTACHED AS EXHIBIT "A"
WHICH AGREEMENT ESTABLISHES THE PALM BEACH COUNTYWIDE COASTAL
COUNCIL (COASTAL COUNCIL) AS A FORUM FOR INFORMATION EXCHANGE AND
EDUCATION ABOUT BEACH AND SHORE PROTECTION, PRESERVATION AND
ENHANCEMENT; 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 attached as Exhibit "A", which agreement establishes the Palm
Beach Countywide Coastal Council (Coastal Council) as a forum for information exchange and
education about beach and shore protection, preservation and enhancement.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Interlocal Agreement set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
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PASSED AND ADOPTED THIS 24th DAY OF , 2004.
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INTERLOCAL AGREEMENT
• This counterpart Interlocal Agreement is made this 24th day of June, 2004, between the
Undersigned Member, Village of North Palm Beach, 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. The Coastal Council
shall take no regulatory action nor make recommendations to any regulatory bodies.
Section 3. Objectives
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 Membership
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 or adjacent to the Atlantic Ocean; and
5. The Palm Beach County League of Cities.
An entity becomes a Member upon execution of this Interlocal Agreement. Membership
may be 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
proposed by the Moderator and upon consent of the majority of the Members. 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.
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Section 6. Council Organization
A Moderator shall preside over each Coastal Council meeting. The Moderator and
Alternate Moderator shall be a volunteer from among the Members to serve for the c
alendar
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 two (2) years by Palm Beach County for review upon request.
Section 7. Council 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 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.
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Section 11. Termination
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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 one or more counterparts, each of which shall be
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.
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