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INTERLOCAL AGREEMENT AND COVER LETTER ~ Ian,. "y 'eg_al plcnftlng counCil S1511hi.d aue. no.lh luile 540 '- II. pelellbu.g,fla.SS7IS (815) 811-1811 temll' (815) 114-0580 November 4, 1975 Mayor Gabriel Cazares City of Clearwater P.O. Box 4748 Clearwater, Florida 33518 Dear Mayor Cazares: It is with great pleasure that I transmit with this letter a copy of the Interlocal Agreement Establishing the Tampa Bay Regional Planning Council. I hope you will give consideration to placing this copy on public dis- play for the benefit of your citizens. A file copy has been sent to your chief administrative officer. Re-establishing the Council under section 163.01 of the Florida Statutes has been a long and arduous task, but is now complete. My personal thanks are extended to you and your fellow elected officials as well as those members of your staff who have assisted us in drafting and executing the agreement. It is indicative of the intergovernmental cooperation which has made the Council a viable service to local government over the past thirteen years; I am confident that the future will demonstrate that our local units of government in the Tampa Bay Region will benefit even more from this re-organization. Sincerely, Armand A. Burke Vice Chairman, TBRPC AAB/ddg cc: Picot Floyd croll'rron - jose~ chlllura, jr, Vice. crorrron. arrroncJ a. burke secretary. treasurer- kenneth dlerks executive director. scoll d, wilson Clly roll, tanfXl ,fla. 33602 Clly holl, plrellal fXlrk .fla, 33565 courthoUle, bradenton, fla.33505 It. petersburg, fla, 33713 h11IJborough poICO fTDnQtee p1nellal count lei sl.peterlburg beach pJnellal park cleorUDler dunadln IarQ) sl.peteflburg brodenlon tanpa sarasota I I IanIX' .Y '~QI plmAlng co.al INTERLOCAL AGREEr~EIIT CREAT! riG A TAMPA BAY REGIONAL PLANNING COUNCIL THIS AGREEt1EIIT, !'lade and entered into this 8th day of Septer:1ber, 1975, pursuant to the author- ity of Section 103,01, Florida Statutes, by and between the counties of Hillsborough, Manatee, Pasco, Pinellas and the cities of Bradenton, Clearwater, Dunedin, Largo, Pine11as Park, St. Petersburg, St. Petersburg Beach, Sarasota, and Tampa, each being a political subdivision or municipal corporation of the State of Florida. WITNESSETH: WHEREAS, it is the desire of the parties hereto to establish an advisory council to constituent local governments in regional, metropolitan, county and municipal planning matters involving land use, water resources, highways, recreational areas, public schools, sewage and garbage disposal, public libraries, urban redevelopment and other matters concerning the acquisition, planning, construction, development, financing, control, use, ir:1provement and disposition of lands, buildings, structures, facilities, goods or services in the interest of the public, or for public purposes involving the expenditure of public funds, and WHEREAS, the parties hereto desire to r:1ake the most efficient use of their powers to cooperate for mutual advantage in conducting the cOr:1prehensive regional planning process for the Tampa Bay Area, and WHEREAS, the Office of Management and Budget, Executive Office of the President, designates comprehensive regional planning agencies as areawide clearinghouse responsih1e for review and coordina- tion regarding certain Federal programs, and WHEREAS, the Division of State Planning of the State of Florida, Department of Administration is required by Part I of Chapter 23, Florida Statutes to integrate the services and plans of local governments and regional planning agencies into the State planning process to the extent feasible, and WHEREAS, the Envi ronmenta 1 Land and Water t1anagement Act, Chapter 380 of the Flori da Sta tutes, assigns to regional planning agencies the duty to study, review, and make recommendations concerning "Developments of Regional Inpact" and "Areas of Critical State Concern," and WHEREAS, Section 163,01(4) of the Florida Statutes provides that "a public agency of the State of Florida r:1ay exercise jointly with any other public agency of the State, or any other State, or of the United States Government any power, privilege, or authority which such agencies share in common and which each might exercise separately," NO\J, THEREFORE, FOR AND IN CONSIDERATION of mutual promises, covenants, benefits to accrue from conduct of a comprehensive regional planning process, and agreements herein contained and set forth, the parties signatory do hereby establish the Tampa Bay Regional Planning Council as a regional planning and coordinating agency, hereinafter referred to as the Council, a separate legal entity, and do further delegate such of their powers as are specified herein and agree as follows: 1, Purpose. The purposes of this agreement are: a, To provide local governments with a means of exerclslng the rights, duties and powers of a Regional Planning Agency as defined in Chapters 23, 163,01, 163.02, and 380 of the Florida Statutes as amended, including those functions enumerated hereinabove by preambles, and other appli- cable Florida, Federal and Local law, b, To provide a means for conducting the comprehensive regional planning process. c. To provide regional coordination for the members of the Council, I I d. To act in an advisory capacity to exchange, interchange, and review the various programs referred to it by the individual members which are of regional concern, e, To promote communication among members and the identification and resolution of common regional-scale problems, f, To cooperate with Federal, State, Local and nongovernmental agencies and citizens to insure the orderly and harmonious coordination of State, Federal, and Local planning and development programs in order to assure the orderly, and balanced growth and development of the Region, consistent with the protection of the natural resources and environment of the Region and to protect the health, safety, welfare and quality of life of the residents of the Region. 2, Effective Date, Duration, Termination, and Withdrawal. a, The effective date of the Council shall be September 8, 1975, b, This agreement shall continue in effect until terminated as provided in 2(g} hereinafter, c, Amendments to this agreement shall require a majority vote of the member governments, Any amendment to this agreement shall be submitted, in writing, to each appointed representative at least fifteen (IS) days prior to the regular meeting at which such amendment is to be voted upon, d. Any member government hereto may withdraw its membership by resolution duly adopted by its governing body, and upon giving twelve (12) months written notice of withdrawal to the chairman or chief elected official of the governing body of each member government without the effect of termi- nating this agreement, Contractual obligations of the withdrawing member government shall continue until the effective date of the withdrawal. All property, real or personal, of the Council on the effective date of such withdrawal shall remain the property of Council and the withdrawing member gov- ernment shall have no right thereto, e. In the event there is a complete termination of this agreement which would involve the disposition of the property of Council, such property shall be liquidated and each member government shall be entitled to a share of the proceeds bearing the same ratio to the total proceeds as the con- tribution of the member government during the preceding fiscal year of the Council, f. In case of a complete termination of this agreement, the nonfederal matching contri- bution required to match any approved Federal or state grant shall be firm. The project(s} shall be completed and the required reports and accounting shall be completed, g. This agreement may be terminated at any time by resolution duly adopted by the governing body of each and every member government. 3, Membership and Voting, a, Each member government shall be represented on the Regional Planning Council by two representatives which shall be elected officials of said member government and shall be duly appointed by the governing body of said member government. Each representative shall serve at the pleasure of the governing body of the member unit of government. b, Any county or municipality contained within or contiguous with the juriSdictional boundary of a member of the Regional Planning Council may be admitted, by a majority vote of the Regional Planning Council, to membership upon resolution of the governing body joining this agreement establiShing the Council by the county or municipality requesting such membership, c, For the general conduct of business each member government shall have an equal vote which shall be one vote for each representative, except as provided below. Upon the call of two member governments a weighted vote shall be taken by roll call, The vote of each member government, apportioned equally between its appointed representatives to the Council, shall be the same proportion of the total vote as the member government's population is to the total population of the region; provided. however. that no portion of the population shall be represen- ted by more than one member government. The official population estimates for the purpose of apportioning the vote shall be the Florida Estimates of Population as provided pursuant to Section 23.019 F,S, The weighted vote shall be reapportioned annually and shall become effective at the Annual Meeting of the Council, Nothing to the contrary withstanding, reapportionment shall be automatic upon the admission of a new member to the Council. 4, Officers, The officers of the Council shall consist of the following: a. A Chairman. who shall be the chief policy officer, responsible for overseeing the organization of work of the Council. for seeing that all policies of the Council are carried out, and for preSiding over all Council meetings. The Chairman or designated representative shall be ex- officio a member of all subsidiary committees and boards. b, A Vice-Chairman. who shall act in the Chairman's absence or inability to act. The Vice-Chairman shall perform such other functions as the Council shall, from time to time, assign ~h~, c. A Secretary-Treasurer, who shall be responsible for minutes of the meeting. keeping the roll of members, the financial affairs of the Council, and such other duties as may be assigned by the Chairman or the members. I I d. The original officers shall be as hereinafter provided. Thereafter, the officers shall be elected at the annual meeting of the Council and shall hold office for one (1) year or until their respective successors are elected and qualified, e, An Executive Committee shall consist of a number not to exceed one half of the number of representatives to the Regional Planning Council and shall as a minimum consist of all officers of the Regional Planning Council, and one representative from each member government which is not other- wise represented. All members of the Executive Committee, other than officers, shall be appointed by the Chairman subject to the approval of the Council, The Chairman of the Executive Committee shall be the Chairman of the Regional Planning Council. The Executive Committee shall have the power to exercise all the functions of the Regional Planning Council between meetings of the Regional Planning Council and shall meet upon call of the Chairman, f. A Budget Committee shall consist of the Chairman, Secretary-Treasurer and Executive Director, serving ex-officio, and two members to be appointed by the Chairman, 5. Meetings. a. There shall be an annual meeting for the'election of officers which shall be the January regular meeting of the Council. b. The regular meeting of the Regional Planning Council shall be held quarterly on the third Friday of January, April, July and October, or such date as may be specified by the Executive Committee. c. Special meetings may be called by the Chairman provided that ample notice is given to a 11 members. d. A quorum for any meeting shall consist of a simple majority of the membership of the meeting body, A quorum shall be required for the conduct of all official business. Each represen- tative present shall vote on each q~estion presented to the Council except in the event that a rep- resentative requests disqualification for cause and leaves the room, Proxy voting is prohibited, not- withstanding however that any elected official of the same member government may serve as alternate for the duly appointed representative of that member government, e. The Secretary-Treasurer or his nominee shall keep minutes of each meeting and distri- bute a copy thereof to each voting member. f. All regular, Executive Committee, and special meetings, workshops or hearings held by the Tampa Bay Regional Planning Council shall be open to the general public, 6. Finances. a. The work year and fiscal year of the Regional Planning Council shall be the 12 months beginning the first day of October and ending the 30th day of September, b. A budget committee, appointed by the Chairman, shall prepare annually a budget to govern financial operations of the Council, c, Each year upon adoption of the annual budget, the Council shall fix membership assess- ments for all members in amounts sufficient to provide funds required by the budget, Each member gov- ernment shall pay basic dues of two thousand dollars ($2,000.00) per fiscal year. Each member county shall contribute such cash amount per capita on the total population of its county as is required to make up the remainder of each annual budget over and above the total of the members' basic dues. The population base for calculating such pro-rata contribution shall be the most current reported for each county in accordance with the official annual estimate of county population established pur- suant to Section 23.019 F.S, d. Assessments are due in full 30 days after approval by the Council. e, Any member who does not remit assessed amount within 30 days after the first day of the fiscal year shall lose all voting privileges until payment is made, f. The Council shall have the right to receive and accept in furtherance of its functions: gifts, grants, assistance funds, bequests, and services from federal, state and local governments or their agencies and from private and community sources, and to expend therefrom such sums of money as shall be deemed necessary from time to time for the attainment of its objectives in accordance with all applicable laws. 7. Powers. The Council shall have all powers granted herein, including: a. The powers granted by Chapters 23, 163.01, 163.02 and 380 of the Florida Statutes as now existing or as from time to time amended, b. To conduct studies of the region's resources with respect to existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, human resources, natural resources, government, and any other matters which are relevant to regional planning, its business. c, To adopt rules of procedure and bylaws, to regulate its affairs and conduct d, To adopt an official seal, I I e. To maintain office space at such places within the region as may from time to time be required in performance of its duties. f. To employ and set the compensation of the Executive Director who shall serve at the pleasure of the Council. The Executive Director shall employ and discharge professional, technical or clerical staff as may be necessary to carry out the purposes of the Council. The Executive Director may make agreements with local planning or other public agencies, within or without the geographic boundaries of the region, for temporary transfer, loan, or other cooperative use of staff employees and, with the consent of the Councilor pursuant to procedures established by the Council, may acquire the services of consultants and enter into contracts on behalf of the Council. g. To authorize compensation for members of the Council for per diem, travel, and other reasonable expenses for meetings, hearings and other official business conducted outside the region's boundaries. h. To hold public hearings, sponsor public forums, and conduct other activities whenev~r deemed necessary or useful in the execution of the functions of the Council. i, To acquire, own, operate, maintain, lease or sell real or personal property and hold title thereto in the name of the Council. j. To fix and determine in accordance with applicable laws by resolution, rules and regulations relating to advertisement for bids, manner of bidding and amount below which same will not be required. k. To sue and be sued, implead and be impleaded, complain and defend, intervene and appeal in all courts and administrative agencies. 1. To accept gifts, apply for and use grants, assistance funds or bequests of money or other property from the United States, the State, a local unit of government or any person, for any Council purpose and to enter into agreements required in connection therewith, and to hold, use, and dispose of such monies or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. m. To make and enter into all contracts and agreements, and do and perform all acts and deeds necessary or incidental to the perfonnance of its duties and the exercise of its powers, n. To prescribe all terms and conditions for the employment of officers, employees, and agents including but not limited to the fixing of pay and classification plans, benefits, and the filing of performance and fidelity bonds and such policies of insurance covering itself and em- ployees as it may deem advisable. o. To participate with other government agencies, educational instututions, and private organizations in the coordination of the activities above. p. To determine and collect charges or fees for the provision of local assistance for special services, reviews and referrals. q, To select and appoint such adivsory bodies as the Council may find appropriate for the conduct of its activities. r. To enter into contracts to provide, at cost, such services related to its responsibil- ities as may be requested by local governments within the region and which the Council finds feasible to perform, 8. Definitions. As used in this agreement: a. "Council" shall mean the Tampa Bay Regional Planning Council composed of the general membership. b. "Region" or "Tampa Bay Region" shall mean the area embraced by Hillsborough, Manatee, Pasco and Pinellas counties and such other, contiguous counties or municipalities which may be admitted to membership in the Council, c, "Member Government" shall mean any county or incorporated municipal ity located within the "region" as defined herein and a party to this agreement. d. "Voting Member" shall mean a duly qual ified representative of a member government, e. "Regular Meeting" shall mean a meeting of the representatives to the Council held pursuant to the provisions of this agreement. 9. Transfer. The assets, liabilities, contract obligations, operating procedures and the policies, officers and staff of the agency organized under Chapter 160, Florida Statutes, and heretofore known as the Tampa Bay Regional Planning Council are hereby transferred to the Council. 10. severabilitt. If any section, subsection, sentence, clause, phrase or word of this agree- ment is for any reason he d or declared to be unconstitutional, invalid, inoperative, ineffective, inapplicable or void, such invalidity or unconstitutionality shall not be construed to affect the portions of this agreement not so held to be unconstitutional, void, invalid, or ineffective; any such inappli- cable or void portion or portions of this agreement did not induce its passage, and without the inclu- sion of any such unconstitutional, illegal, invalid, ineffective or void portions of this agreement, the signatory parties would have enacted the valid and constitutional portions thereof. , w ,I I , 11. Signatories, It is expressly understood that the terms and conditions of this AgreeMent. shall be effective between and among those parties signatory hereto; and that the validity. force and effect of their Agreenent shall not be affected by one or more of the parties named herein not Joining in this Agreement. any other provisions of this Agreement to the contrary notwithstanding. IN WITNESS WHEREOF. the parties have officially adopted and caused this Agreement to be ex- ecuted and their signatures to be affixed by their respective Commission Chai~n or Mayor as of the day and year first above written. CITY COUNCIL PINELLAS PARK. FLORIDA BY'~"~Y'~ BOARD OF COUNTY CMUSSIONERS HILLSBOROUGH CClINTY. FLORIDA BY: BOARD 0 PASCO BY: CI COUNCIL B DENTON. FLORIDA BY: ft. 1(. I~~ CITY C(>>tUSSION DUNEDIN. FLORIDA BY~ ?rA CITY C()foIiIISSION ST. PETERSBURG BEACH. FLORIDA BY: CITY COUNCIL TAMPA. FLORIDA kY' u/~A BOARD OF COUNTY COMMISSIONERS MNATEE ccum. FLORIDA BOARD OF COUNTY COMMISSIOltERS PINELLAS COUNTY. flORIDA BY: CITY COMMISSION CLEARWATER. FLORIDA BY'~~~' CITY COMMISSION ' LARGO. FLORIDA BY: CITY COUNCIL ST, PETERSBURG. FLORIDA CITY CCMUSSION SARASOT~A. F 6r-. ~-- BY: APPROVED: Y REGIONAl. PLAIIUNG COUNCIL .1975 ~fL ROBERT l, SHEVIN AmRNEY GENERAL STA~J-J':JfY .1975 I ~ere~y certify that the foregoing is a true and certified copy of the original instrume t, Witness hand and official seal this ~ day of ~ A.D., 19"hi . ., r My commission Large 1979. I,