ESTABLISHING A METROPOLITAN PLANNING COUNCIL
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r~ iINST # 93-251892
-SPT 1,1993 lO:J4Ar-'l
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PINELLAS COUNTY FLA.
OFF.REC.BK 8388 PG 111:>
STANDARD INTERLOCAL AGREEMENT
This INTERWCAL AGREEMENT is made and entered into this u:t/Jay of ~(
1993, by and between
Pinellas County. city of St. Petersbure. city of Clearwater. city of Largo. city of Dunedin. city
of Pinellas Park. city of Oldsmar. city of Safety Harbor. city of Tarpon Springs. Pinellas
Suncoast Transit Authority.
and THE FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the state of
Florida, hereinafter called the Department, and creates and establishes, a METROPOLITAN
PLANNING ORGANIZATION for the Pinellas County portion of the Tampa/St. Petersburg/
Clearwater Urbanized Area, hereinafter called the MPO;
WITNESSETH
WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively
in the performance, on a continuing basis, of a coordinated, comprehensive transportation
planning process to assure that highway facilities, mass transit, rail systems, air transportation,
and other facilities will be properly located and developed in relation to the overall plan of
community development; and
WHEREAS, the Federal Government, under the authority of23 U.S.C. 134 and Section
3(a) (2), 4(a), 5(g) (1), and 5(1) of the Federal Transit Act, as amended [49 U.S.C. 1602(a) (2),
1603(a), and 1604(g) 1 and (1)], requires that each urbanized area, as a condition to the receipt
of federal capital or operating assistance, have a continuing, cooperative, and comprehensive
transportation planning process that results in plans and programs consistent with the
comprehensively planned development of the MPO, and the urbanized area which is a designated
Transportation Management Area (TMA) pursuant to 23 USC 134(i), and stipulates that the State
. ;:.,:. :,'-.. ,": and the MPO shall enter into an agreement clearly identifying the responsibilities for
:'1" c........ ..~~peratively carrying out such transportation planning for the MPO area and the TMA as a
'.. ::~ '...___ _whole, in cooperation and coordination with the MPOs designated for Hillsborough and Pasco
. .. ......,Counties; and
WHEREAS, 23 USC 134 and the Regulations of the Federal Highway Administration
., - '., (FHW A) and the Federal Transit Administration (FT A), 23 CFR 450 (hereinafter called the
. . . Rules), provide for the designation of MPOs by the Governor; and
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RETURt~ TO
. Records Department
ao.rd of County Commls~loners
KARLEEN F. DEBLAKER,
RECORD VERIFIED BY:
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, OFF.REC.BK 8388 PG lli6
INTERLOCAL AGREE1\lENT
Page 2 of 12
\VHEREAS, Chapter 339.175 of the Florida Statutes provides for the creation,
designation, and apportionment of MPOs consistent with the federal laws and rules identified
above.
NOW, TIIEREFORE, in consideration of the mutual covenants, promIses, and
representations herein the parties agree as follows:
1.00 PURPOSE
The purpose of this Interlocal Agreement is to assure eligibility for the receipt of
federal capital and operating assistance pursuant to 23 U.S. C. 134 and Section 3(a) (2),
4(a), 5(g) (1), and 5(1) of the Federal Transit Act, as amended [49 U.S.C. 1602(a) (2),
1603(a), and 1604(g) (1) and (1)], and to implement and ensure a continuing,
cooperative, and comprehensive transportation planning process that results in
coordinated plans and programs consistent with the comprehensively planned
development of the MPO, and the rest of the affected urbanized area which is a
designated TMA pursuant to 23 USC 134(i), in cooperation with the Department.
Chapter 334, Florida Statutes, grants the broad authority for the Department's role in
transportation. Section 334.044, Florida Statutes, evidences the legislative intent that
the Department be responsible for coordinating the planning of a safe, viable, and
balanced state transportation system serving all regions of the State. Section 339.155,
Florida Statutes, requires the Department to develop comprehensive plans, in
conjunction with local governmental entities; including but not limited to regional
planning agencies, for all Metropolitan Statistical Areas. Section 339.175, Florida
Statutes, specifies the authority and responsibility of the MPO and the Department in
the management of a continuing, cooperative, and comprehensive transportation
planning process for the urbanized area.
In fulfillment of this purpose and in the exercise of the various powers granted by
Chapters 334 and 399, Florida Statutes, the Department and all parties to this
Agreement acknowledge that the provisions of Section 163.3161 - 163.3215, the Local
Government Comprehensive Planning and Land Development Regulation Act, as
amended, are applicable to this Agreement and those parties shall take particular care
that the planning processes and planning integrity of local governments as set forth in
that Act as evidenced by the legislative intent expressed in Chapters 334 and 339,
Florida Statutes, shall not be infringed upon.
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INTERLOCAL AGREEMENT
Page 3 of 12
PINELLAS COUNTY FLA.
OFF.REC.BK 8388 PG 1117
2.00 TIIE PROJECT
.01 Established MPO
The "Project" is defined as the continuing, cooperative, and comprehensive
transportation planning process for the Pinellas County portion of the Tampa!
St. Petersburg/Clearwater urbanized area, a designated TMA.
.02 Pursuant to federal, state, and local law
In the event that any election, referendum, approval, permit, notice, or other
proceeding or authorization is requisite under applicable law to undertake any
Project hereunder, or to observe, assume, or carry out any of the provisions of
the Agreement, the MPO will, to the extent of its legal capacity, comply with all
applicable laws and requirements and work toward the accomplishment and
fulfillment of its objectives.
.03 Submission of proceedings, contracts, and other documents
The MPO shall submit to the Department such data, reports, records, contracts,
and other documents relating to th~ Project as the Department may require.
.04 Rights of review
All parties to this Agreement, and the affected federal funding agency (i.e.,
FHW A, FT A, and FAA), shall have the rights of technical review and comment
of MPO projects.
3.00 COORDINATION AND AGREEMENT
The designated MPO shall carry out transportation planning and programming activities
as identified in the Agreement between the Department and the MPO. Section 112
planning funds will be made available by agreement upon MPO'designation by the
Governor.
4.00 COMPOSmON, MEMBERSHIP, TERMS OF OFFICE
.01 The voting membership of the MPO shall consist of not less than five (5) nor
more than eighteen (18) apportioned members. The Governor shall apportion
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INTERLOCAL AGREEMENT
Page 4 of 12
PINELLAS COUNTY FLA.
OFF.REC.BK 8388 PG 1118
total membership on the MPO from among the cities and County on an equitable
geographic population ratio. All voting members of the MPO shall be elected
officials representing either Clearwater, Dunedin, Largo, Pinellas Park, St.
Petersburg, Oldsmar, Safety Harbor, Tarpon Springs, Pinellas County, and the
Pinellas Suncoast Transit Authority with the number of representatives from each
of these general purpose local governments to be determined by the geographical
population ratio employed by the Governor in appointing the MPO.
.02 The County Commission members shall be composed of not less than 33 1/3
percent of the MPO membership, except for an MPO with more than 15 members
located in a County with a 5-member County Commission, in which case County
Commission members may compose less than 33 1/3 percent of the MPO
membership but all 5 County Commissioners shall be members of the MPO. All
voting members shall be elected officials of general purpose governments, except
that any local governing entity which has two or more members on the MPO may
appoint, as one of its apportioned voting members, a member of a statutorily
authorized planning board of transportation, expressway, aviation, or port
authority. .
.03 In urbanized areas in which authorities or other agencies have been, or may be,
created by law to perform transportation functions that are not under the
jurisdiction of local elected officials, they may be considered by the Governor for
one voting membership on the MPO. Provided, however, in urbanized areas in
which authorities or other agencies have been, or may be, created by law to
perform public transit functions that receive financial assistance or grants from
the State, said authorities or agencies shall have one voting membership on the
MPO. Said member shall be an elected official appointed by the respective
authority or other agency performing public transit functions; or, where there is
more than one public transit agency in the urbanized area, the members shall be
elected by vote of the transit agencies. The County Commission shall compose
not less than 25 percent of the MPO membership when a public transit
representative has been appointed.
.04 Each apportioned member shall designate the appropriate number of members to
the MPO from eligible officials. Representatives of the Department shall serve
as nonvoting members of the MPO.
.05 The term of office of members of the Metropolitan Planning Organization shall
be four (4) years.
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INTERLOCAL AGREEMENT
Page 5 of 12
PINELLAS COUNT~GFi~i9
OFF.REC.BK 8388
.06 Appointments to the MPa shall be made by each of the parties to this Agreement
within sixty (60) days after the notification by the Governor of the duty of each
governing body to make such appointments. If any governing body fails to fill
an assigned appointment to the MPO within such sixty (60) day period, the
appointment shall be made by the Governor from eligible representatives of the
appropriate governing body.
5.00 POWERS, RESPONSIDILITIES, AND OBLIGATIONS
.01 The MPa shall have all powers; enjoy all rights, privileges, and immunities;
exercise all responsibilities; and perform all obligations as specified in Section
339. 175(2)(b), Florida Statutes, and other sections and as authorized in Section
163.01, Florida Statutes, and made a part hereof, including, but not limited to,
the following:
.02 The MPa may employ peIWOnnel and, pursuant to contract, it may utilize the staff
resources of local and/or state agencies [ss. 339.175(19)].
.03 The MPO shall enter into agreements with the Department, operators of public
mass transportation services, and the metropolitan and regional intergovernmental
coordination and review agencies serving the urbanized area. These agreements
will prescribe the cooperative manner in which the transportation planning process
will be accomplished [ss. 339.175(12), (13), and (14)].
.04 The MPO may enter into contracts [ss. 163.03(14)].
.05 The MPO may acquire, own, operate, maintain, sell, or lease real and personal
property [ss. 163.01(5)].
.06 The MPO may accept funds, grants, assistance, gifts, or bequests from local,
state, and federal resources [ss. 163.01(5)].
.07 The MPO shall establish a budget which shall operate on a July 1 to June 30 basis
as required by the Unified Planning Work Program.
.08 The MPa may promulgate rules to effectuate its powers, responsibilities, and
obligations enumerated herein - provided said rules do not supersede or conflict
with applicable local and state laws, rules, and regulations [ss. 163.01(5) and (a)].
The MPa, in promulgating rules, policies, bylaws, and procedures, shall
coordinate with the Department to obtain its concurrence prior to MPa approval
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INTERLOCAL AGREEMENT
Page 6 of 12
PINELLAS COUNTY FLA.
OFF.REC.BK 8388 PG 1120
and implementation of such rules, policies, bylaws, and procedures.
.09 The MPa, in cooperation with the Department, shall carry out the urban
transportation planning process as required by Title 23 of the Code of Federal
Regulations (CFR), Parts 420 and 450, and consistent with Chapter 339, F.S.,
and other applicable state and local laws.
.10 Plans and programs developed by the MPa carrying out the urban transportation
planning process shall be in compliance with Department procedures, federal
regulations, and state laws.
6.00 CONTRACTS OF TIIE MPO
All contractual agreements must be approved by the affected federal funding agency and
the Department. Except as otherwise authorized in writing by the Department and the
affected federal funding agency where state or federal funds are to be used, the MPa
shall not execute any contract or obligate itself in any other manner with any third party
with respect to the Project without the prior written concurrence of the Department,
FHW A, FTA, or FAA, as appropriate. Subletting of consultants contracts involving
funds administered by FHW A shall be in accordance with the requirements of
Paragraph 6b(5) of Volume 4, Chapter 1, Section 2, Subsection 2, of the Federal-Aid
Highway Program Manual.
7.00 INVENTORY REPORT
.01 The MPO agrees to inventory, to maintain records of and to ensure the proper
use, control, and disposal of all nonexpendable tangible property acquired
pursuant to funding under this Agreement. This shall be done in accordance with
the requirements of Property Management Standards set forth in Paragraph 10(c)
of the Federal-Aid Highway Program Manual Transmittal 402, November 5,
1986, Vol. 4, Ch. 1, Sec. 2 ("FHPM 4-1-2, Paragraph 10, c), which is attached
hereto and incorporated as part of this Agreement. The MPa shall make all
records and necessary information available to the Department in order for the
Department to conduct a review of and determine the accuracy of theMPO
inventories, property control information, and its compliance with the
requirements of FHPM 4-1-2, Paragraph 10, c.
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INTERLOCAL AGREEMENT
Page 7 of 12
PINELLAS COUNTY FLA.
OFF.REC.BK 8388 PG 1121
.02 The Department will maintain all records in accordance with FHPM 1-6-2,
"Record Keeping and Retention Requirements for Federal-Aid Highway Records
for State Highway Agencies."
8.00 :MISCELLANEOUS PROVISION
.01 How Contracts Affected by Provisions Being Held Invalid
If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected thereby if such remainder would then continue
to conform to the terms and requirements of applicable law.
.02 State or Territorial Law
Nothing in the Agreement shall require the MPO to observe or enforce
compliance with any provision thereof, perform any other act, or do any other
thing in contravention of any applicable state law. Provided, that if any of the
provisions of the Agreement violate any applicable state law, the MPO will at
once notify the Department in order that appropriate changes and modifications
may be made by the Department and MPO to the end that the MPO may proceed
as soon as possible with the Project.
9.00 EXECUTION OF AGREEMENT
This InterIoca1 Agreement may be simultaneously executed in several counterparts, each
of which so executed shall be deemed to be an original and such counterparts together
shall constitute one and the same instrument.
10.00 CONSTITUTIONAL OR STATUTORY DUTIES AND
RESPONSIB~ITIES OF THE PARTIES TO THE AGREEMENT
This Agreement shall not be construed to authorize the delegation of the constitutional
or statutory duties of any of the parties. In addition, this Agreement does not relieve
any of the parties of an obligation or responsibility imposed upon them by law except
to the extent of actual and timely performance thereof by one or more of the parties to
this Agreement or any legal or administrative entity created or authorized by this
Agreement, in which the case the performance may be offered in satisfaction of the
obligation or responsibility.
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INTERLOCAL AGREEMENT
Page 9 of 12
PINELLAS COUNTY FLA.
OFF.REC.BK 8388 PG 1123
15.00 AGREElVIENT FORMAT
All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used
in any gender shall extend to and include all genders.
16.00 EFFECTIVE DATE
This Agreement shall become effective upon execution by all parties hereto and filing
with the Clerk of the Circuit Court of each county where a party to the Agreement is
located.
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IN1fF WCAL AGREEMENT
Page 10 of 12
PINELLAS COUNTY FLA.
OFF.REC.BK 8388 PG 1124
IN WITNESS \VIIEREOF, the undersigned parties have caused this lnterlocal A~ment to be duly executed
in their behalf and hereby establish the above designated MPO this l1!!:day of ~, " , 1993.
A TrEST:
Mayor, City of Clearwater
Approved as to form and legal sufficiency
(Title) :
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C~Unedin .
Approved as to Form
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A TrEST:
(Title:)
A TrEST:
Mayor, City of Largo
Approved as to Form
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City Attorney, City of Largo -
(Title) :
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Mayor, City of Pinellas Park (
A TrEST:
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Page 11 or 12
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PINELLAS COUNT~GF~~25
OFF.REC.BK 8388
(Title):
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Mayor, City of S. Petersburg
Approved
ATTEST:
ty of St. Petersburg
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A TrEST:
M or, City of Safety
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Mayor, City of Tarpon Springs
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INTEl.LOCAL AGREEMENT
Page 12 of 12
PINELLAS COUNTY FLA
OFF.REC.BK 8388 PG 1126
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A TrEST: KARLEEN F, De 'BLAKER , CLERK
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Pinellas County Board of County Com
Approved as to Form
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County Attorney
Pinellas County Board of County Commissioners
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hairman, Pinellas Suncoast Transit Authority
Approved as to Form
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ast Transit Authority
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Clerk of the Circuit Court
I, KARLEEN F. De BLAKER, Ck>rk of the CirCUli
Court and derk Ex-Officio, Bo;rd of County
Comml5sioners. do hereby certify thilt th~
above ;md foregoing is a true and cor;-ec:'
copy of the original a~ it arpear~ in, t~e offid~:
files of the lJonrd of County Commis~iom'"
of Pin:'llns County. Florida,
Wit:l'~<':..Ct' h.1nn and leal of !>Olio (n,:n'"
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KARLHS F, D.' BLAKER( Clerk of ti,e Ci""
Court Ex-Officio Clerk to the Board oi r.'.ll'~,:'
Comm~oncrs. Pinellas CouV~ !Iorido,
By; ./.~~~
Deoutv Clerk
M' . PO PINEll+ ~OUNTY Ii '
METROPOLITAN PLANNING ORGANIZA"ION
14 South Fort Harrison Avenue Clearwater, Florida 34616
SEP 1 7 1993
CITY C:Lf~ D"T.
(813) 462-4751
September 15, 1993
Ms. Cyndi Goudeau
City of Clearwater Clerk's Office
P.O. Box 4748
Clearwater, FL 34618
Dear Ms. Goudeau:
Please find attached a certified copy of the Interlocal Agreement which effectuates the
reapportioned Pinellas County Metropolitan Planning Organization (MPO). This Agreement was
filed on September 1 in response to a directive from the Governor's Office and was accepted by
the newly reapportioned MPO at its meeting of September 8, 1993.
We appreciate the assistance given us by the cities and agencies involved in this effort during
development of this Agreement. We trust that the MPO will continue to provide strong
leadership in transportation matters in close cooperation with all jurisdictions in Pinellas County
and the Tampa Bay area.
Sincerely,
cU~!J(~'
William Mischler, Chairman
Pinellas County
Metropolitan Planning Organization
Attachment
cc: The Honorable Rita Garvey, Mayor, City of Clearwater
MPO\Corresp.ck.pg 17.
PINELLAS AREA TRANSPORTATION STUDY