HomeMy Public PortalAboutPBC Road Reduction Interlocal AgmtINTERLOCAL 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
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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. Applicabilitv
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 3.13. 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. Analvsis 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:
A. Change to NIPO 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.
3. 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
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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 cost 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.
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 MUNICIPALITIES 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.
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
TOWN OF GULF STREAM
William F. Koch, Jr., Mayor
100 Sea Road
Gulf Stream, Florida 33483
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.
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. Liabilitv
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.
Section 16. Captions
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
Section 17. Severabilitv
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. Entiretv 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.
TOWN OF GULF STREAM
111am F. och, Jr., Mayor
ATTEST:
Rita L. Taylor, Town Clerk
M
THOROUGHFARE PLAN ROADS THAT ARE NOT
COUNTY OR STATE ROADS
ROAD
FROM
TO
CITY
Te uesta Drive
US Highway
Country Club
Te uesta
Country Club
Te uesta Drive
Martin County Line
Te uesta
Toney Penna Drive
Alt AIA
Central Blvd
Jupiter
Bums Road
Military Trail
Prosperity Farms
Road
Palm Beach
Gardens
Holly Drive
Military Trail
Alt AlA
Palm Bch Gardens
Lighthouse Drive
Holly Drive
US I
North Palm Beach
Park Avenue
Old Dixie
US I
Lake Park
Water Tower Road
Old Dixie Hwy
Congress Avenue
Lake Park
W. 13 Street
Australian Avenue
US 1
Riviera Beach
Shiloh Drive
Village Blvd
Military Trail
West Palm Beach
Cumberland Drive
Military Trail
Village Blvd
West Palm Beach
Shenandoah Drive
Military Trail
Village Blvd
West Palm Beach
Village Blvd/
Spencer Drive
Okeechobee Blvd
45'h Street
West Palm Beach
36 Street
-Y56
Australian Avenue
Fla ler Drive
West Palm Beach
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 City Limits
West Palm Beach
N/S County Road
Ocean Blvd
Indian Road
Palm Beach
North Lake Way
Indian Road
Royal Palm Way
Palm Beach
Royal Palm Way
South CountyRoad
Ocean Blvd
Palm Beach
Crestwood Blvd
Royal Palm Beach
Blvd
Okeechobee Blvd
Royal Palm Beach
Royal Palm Beach
Blvd
40th Street
State Road 8
Royal Palm Beach
Pine Tree Lane
Forest Hill Blvd
17 Ih Avenue
Lake Clarke Shores
17 Avenue North
Pine'Tree Lane
Dixie Highway
Lake Worth
Federal Hwy &
Olive Avenue
North Lake Worth
City Limits
US 1
Lake Worth
12 Avenue South
Dixie Highway
Lake Osborne Drive
Lake Worth
Binks Forest Drive
State Road 80
Greenview Shores
Wellington
Paddock Drive
Big Blue Trace
Wellington Trace
Wellington
Wellington Trace
Greenbriar Blvd
Forest Hill Blvd
Wellington
Big Blue Trace
State Road 80
South Shore Blvd
Wellin on
Greenview Shores South Shore Blvd
Blvd
Binks Forest Drive
Wellington
Aero Club Drive Greenbrier Blvd
Binks Forest Drive
Wellington
Greenbriar Blvd Aero Club Drive
Greenview Shores
Blvd
Wellington
South Shore Blvd Forest Hill Blvd
Lake Worth Road
Wellington
Lake Worth Road State Road 7
South Shore Blvd
Wellington
Gateway Blvd Congress Avenue
USI
Boynton Beach
Seacrest Blvd Lake Ida Road
Gulfstream Blvd
Delray Beach
Gulfstream Blvd Seacrest Blvd
US 1
Delray Beach
Swinton Avenue 25 Court
S.E. 10' Street
Delray Beach
Atlantic Avenue Swinton Blvd
N.E. 5 Avenue
Delray Beach
Lake Ida Road Swinton Blvd
E 4s
US 1
Delray Beach
George Bush Blvd Swinton Blvd
AIA
Delray Beach
SE 10 Ave Homewood Blvd
US 1
Delray Beach
Homewood Blvd Linton Blvd
Atlantic Avenue
Delray Beach
Dixie Highway Linton Blvd --§E--106—Street
Delray Beach
Boca Raton Blvd Palmetto Park Road
Clint Moore Road
Boca Raton
Yamato Road Jog Rod
Military Trail
Boca Raton
Spanish River Blvd Military Trail
Federal Highway
Boca Raton
Potomac Road Jog Road
Military Trail
Boca Raton
Perimeter Road Spanish River Blvd
Glades Road
Boca Raton
NW 4 Avenue Palmetto Road
North 20 Street
Boca Raton
North 20th Street NW 4 Street
Federal Highway
Boca Raton
fT Avenue Camino Real
14' St/10' Ave
Glades Road
Boca Raton
Mizner Blvd Federal Highwa—y
Federal Highway
Boca Raton
• Glades Area not addressed
• Road in the Acreage/Loxahatchee Groves not addressed
NATRAFFICTRMThuughfare Plan Roads- Not Co or State.doc
Revised: 05/10/03
COMMISSIONERS
WILLIAM F. KOCH. JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
ROBERT W. HOPKINS II
WILLIAM A. LYNCH
May 17, 2005
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Palm Beach County League of Cities, Inc.
Attn: Carla Valcarcel, Mgr., Member Services
301 N. Olive Avenue, Suite 1002.17
West Palm Beach, FL 33401
Dear Ms. Valcarcel:
Telephone
(561) 2765116
Fax
(561) 737-0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Please find enclosed 3 executed originals of the Road Reduction
Interlocal Agreement adopted at the Regular Meeting held on May
13, 2005.
Vetruly ours,
itaLL. Taylor
Town Clerk V
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Bill Thrasher
From:
Carla Valcarcel [Cvalcarc@co.palm-beach.fl.us]
Sent:
Thursday, April 21, 2005 2:22 PM
To:
James Titcomb
Subject:
Clearinghouse for Road Reduction Interlocal Agreement
Dear City Managers:
The League will be the clearinghouse for the Road Reduction Interlocal
Agreements. Please send three (3) signed originals to our office. Our
address is 301 N. Olive Ave., Suite 1002.17, West Palm Beach, FL 33401.
Thank you,
Carla Valcarcel
Manager, Member Services
Palm Beach County League of Cities, Inc.
Tel. (561)355-4484; Fax (561)355-6545
www.leagueofcities.org
Palin Bead County
LEAGUE of CITIES, Inc.
April 6, 2005
Re: Road Reduction Interlocal Agreement
Dear Manager and Municipal Elected Officials:
Attached with this email please find the above -referenced Interlocal Agreement with an
exhibit listing all non -county and non -state roads on the County's thoroughfare plan that are
located within municipalities.
This Agreement provides for one hundred twenty (120) days notice if the County or any
municipality with jurisdiction over the listed roads desires to reduce the capacity on the roadway
or remove the road from the County's thoroughfare plan. Only those entities who adopt the
Interlocal Agreement will be provided notice. Then, the proposal will be submitted to the
Metropolitan Planning Organization ("MPO") for analysis with input from interested parties.
Through this voluntary process, it is anticipated that impacts on those in the nearby vicinity
could be mitigated.
As you may recall, this item arose approximately one (1) year ago with Commissioner
Warren Newell proposing to put this issue before the voters for yet another charter amendment to
allow the County full control over all roads on the County's thoroughfare plan regardless of
whether or not they were located in municipalities.
To be effective, this Agreement must be signed by municipalities having construction and
maintenance responsibilities for thirty-six (36) of the fifty-five (55) roads listed on the exhibit.
The league endorses this co-operative approach and encourages all municipalities to approve this
Agreement even if none of the roads listed is in your corporate limits in order to be afforded
notice.
Should you require additional information, please contact the League office or our
attorneys at 561-586-7116 for assistance.
Sincerely,
Jamie Titcomb
Executive Director
www.leagueofcities.org I jtitcombAco.oalm-beach fl.us
(561)355-4484•(Fax)355-6545
P.O. Box 1989, Gov. Center, West Palm Beach, FL 33402
Office: Governmental Center, 301 North Olive Ave., West Palm Beach, FL 33401