PINELLAS AREA TRNASPORTATION STUDY AGREEMENT
R~'-S' , t " "
, ' ~ ,PINEllAS AREA T NSPQRTATlON STUDY
, , ' ' i ,. 440 HAVEN STRE 1 ClEARWAfE,R, flORIDA 33516/44813751
TO:
FROM:
CltyClerks of Metropolitan Planning Organization
Members
Brian K.Smi th, Assistant Di rector--d)
Plnellas County Planning oepartmen~
Interlocal Agreement
SUBJECT:
DATE:
September 27, 1977
A copy of the approved and appropriately fi led interlocal agree-
ment for the Pinel1as County HPO is transmitted to your office
for your records.
BKS/cmf
Enclosure
cc: MPO memb.~ rs
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Florida ~t;;~~?,~ \) Department of
-R.~: ~ J Haydon Burns Buildlflg, 605 S_nee Street, Tallaha.ssee, Florida 32304, Telephone 19041 488'8772
...'..,.0" \. TOM WEBB, JR.
l.. SECRETARY
\ September 7, 1977
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Transportation
REUB IN 0'0. ASKEW
GOVERNOR
Honorahl.'.3':W..~te$-I'~~""~~~~U';:'" . ....... . ..........<
pi.nellas..CountYMetrppqli.~ l?limiingor~an.Uation
Post Office Box 2842 . .
st ..PetersburC1, F"loridct-
The MPO Interlocal Agreement between Dunedin, Clearwater, Largo,
Plnellas Par~ St. Petersburg, the Pinellas County Board of County Com-
missioners and the Florida Department of Transportat ion was executed by
the Department on August 24, 1977.
As required by Section 163.01(11), Florida Statutes, this Agreement
has been approved by the Attorney General as indicated by the attaehed
letter from his office. In accordance with-Section 163.01(12), Florida
statutes, the Department has recorded the document in the public records
of the appropriate counties and will file the document with the Department
of Community Affairs.
As soon as the urban Planning Agreement between the Department and the
MPO is ready for execution, you will be advised that the MPO is effective
as indicated in the Governor J s appointment letter to individual MPO members.
one executed copy of the Agreement is returned for your distribution.
All parties to the Agreement and all MPO members should receive a copy..
Very truly yours,
RAY G. L'AMOREAUX, DIRECTOR
DIVISION OF TRANSPORTATION PL.ANNnIG
. ~...o.-Y;'F~{'(/J.
~~. N. Lofroos, P. E.
~~Chief, Bureau of Planning
.WNL/BMB/pk
cc:vlMr. Brian Smith
Agreement recorded:
Leon County Book 9 1" , Pagel. 7
Pinellas County Book Ol? 15"" Page t 7 ~r
\ SOil'! oo.~ ('/
REU81N O'D. A81C&W
GOVERNOR
~epartment of 1:.ransportation
Haydon Burne Building, 605 su-s-. Tal",,*-. Florida 32304. T.......l~ -.a772
TOM WE88, JR.
SECA&TAIIW
September 7, 1977
The MPO Inter10cal Jlqreement between Dunedin, Clearwater, Largo,
Pine11as Par]v st. petersburg, the Pinellas County Board of County Com-
missioners and the Florida Department of Transportation was executed by
the Department on Auqust 24, 1977.
As required by Section 163.01(11), Florida Statutes, this Agreement
has been approved by the Attorney General as indicated by the attaChed
letter from his office. In accordance with Section 163.,01(12), Florida
statutes, the Department has recorded the document in the public records
the appropriate counties and will file the document with the Department
Community Affairs.
As soon as the Urban Planning Agreement between the Department and.the
MPO i!~ ready for execution, you will be advised that the MPO is effective
as indicated in the Governor's appointment letter to individual MPO members.
one executed copy of the Agreement is returned for your distribution.
All parties to the Agreement and all MPO members should receive a copy.
Very truly yours,
RAY G. L t AMOREAUX, DIRECTOR
DIVI:SIONOF TRANSPORTATION PLANlttNG
-V..f)-y1~oL~
J~. N. Lofroos, P. E.
T - ~ief, Bureau of Planning
WNL/BMB/pk
cc: Mr. Brian Smith
Agreement recorded:
Leon County Book 87(, , Page, Z. 7
Pine11as County Book , Page 17'+S'
f)N lf~h
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STATE OF FLORTDA
DEP.ART~IE:'\-r OF LEGAL ....\..PFAIRS
OI'FICE OF THE ATTOa.'."UY GENERAL
THE CAPITOL
T A.1..L,4.BAS~FJ:.()RIUA.a23o.,.a..:;"
Mr. W. M. Godfrey, Deputy Director
Division of Transportation Planning
Department of Transportation
605 Suwannee Street
Tallahassee, Florida 32304
Re: INTERLOCAL AGREEYlENT--Pinellas County Metropolitan
Planning Organization.
Dear Mr. GOdfrey:
This is in response to your request for the approval of this
office, of an inter local agreement drafted under S163.0l, F.S.
to form a Metropolitan Planning Organization in Pinellas'
County.
I have reviewed the agreement and it is hereby approved, as
Submitted, as to form and compatibility with state law as
provided by S163.0l(11) , F.S. .
'8, trrcn. ;re.lY-l' 70
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i1V0,::G(11 r lrlt0;.",
ROBERT L. ....'SHEVIN
ATTORNEY GENERAL
'RLS/SLS/FAV/acb
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nlis;s /00% Rccydt'd Poprr.
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INTERLOCAL AGREEMENT
INTERlOCAL AGREEMENT, effective on the
and betweeft>,t.h'&,munic,.ipalJties of: '.
5 t . Pe t en burg
pj ne-ll as. Parle
- the- Pinellas Cqunty ...... ..,.. ". ..'
aoard of County CQmmhsione.J"s
,
Florida Department of Transportation, creates and establishes a
Metropolitan Planning Organization for the
County of Pinellas
WITNESSETH:
hereinafter called the HPO;
WHEREAS, the parties to this Interlocal Agreement desire to participate
cooperatively as an MPO in the performance, on a continuing basis, of a
coordinated, comprehensive transportation planning process to assure that
highway facit ities, mass transit, rail systems, air transportation and other
facll ities wi 11 be properly located and developed in relation to the overall
plan of development; and
WHEREAS, the Federal Government, under the authority of 23 U.S.C. 134
and Sections 3(a)(2), 4(a), 5(g)(l), and 5(l) of the Urban Mass Transporta-
tion Act of 1964, as amended (49 U.S.C. l602(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 cons i stent with the comprehens i ve 1 y planned deve lopment of the
urbanized area, and stipulates that the State and the Metropol itan Planning
Organization shall enter into an agreement clearly identifying the respon- .
sibil ities for cooperatively carrying out such transportation planning; and
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WHEREAS, Rules of the Federal Highway Administration and the Urban Mass
Transportation Administration, published in Volume 40 of the Federal Register,
No. l81, Pages 42976 to 42984, September 17, 1975, (hereinafter called the
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Rules}, prov-ide---forthe-'oe5-tgrtat:iOl'f' of MM-ropol ttan'P"lanrPtfl9' Org.,JtatJOJ'So--
representation hereIn the parties agree as follows:
1.00 Purpose
The purpose of this Interlocal Agreement is to assure el igibility for
the receipt of federal capital and operating assistance pursuant to 23 U.S.C.
134 and Sections 3(a)(2), 4(a), 5(g)(1), and 5(1) of the Urban Mass Trans-
portation Act of 1964, as amended (49 U.S.C. 1602(a)(2), 1603(a), andl604(g)(1)
and (1)), and to implement and ensure a continuing, cooperative, 'and c6mprehemive
transportat ion planning process that resul ts i ncoordinated plans and programs consistent
with the comprehensively planned development of the affected urbanized area in
cooperation with the State of Florida Department of Transportation (hereinafter
called the Department).
Chapter 334, Florida Statutes, grants the broad authority for the
Department's role in transportation. Section 334.02(5), Florida Statutes,
evidences the legislative intent that the Department be the custodian of
the state highway and transportation systems and be given sufficiently broad
authority to function adequately and efficiently in all areas of appropriate
jurisdiction. Section 334.2ll(2), Florida Statutes, requires the Department
to develop comprehensive plans, in conjunction with local governmental bodies
and regional planning agencies, for all standard metropolitan statistical
areas.
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In fulfillment of this purpose and in the exercise of the various
powers granted by Chapter 334, Florida Statutes, the Department and all
parties to this agreement shall observe all provisions of Section 163.316l-
takepa, rticula~ care: th~:t:th~ p.la.t1....c_u'
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1 oca l' gQ~rlment$~5 sft:t:(orthfn
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the Local Ccwernment C'ompreheMfv8 PTannfng Act and/or appHcah.f.(speC..ial
acts and as evidenced by the legislative intent expressed in Section 334.02(7),
Florida Statutes, not be infringed upon.
2.00 The Proiect-
The project is defined as the continuing, cooperative, and comprehensive
transportation planning process for the entire
including the programming of transportation improvements for such area.
3.00 Coordination and Aqreement
.Ol The MPO shall carry out transportation planning and programming activities
as identified in the Agreement between the Department and the MPO.
4.00 Powers. Responsibilities and Obliqations
.01 The HPO shall have- all powers, enjoy all rights, privi leges, and
immunities, exercise all responsibil ities and perform all obligations
as provided in Section l63.0l Florida Statutes, including, but not
I imited to, the following~
.02 The MPO may employ personnel and, pursuant to contract, it may util ize
the staff resources of local and/or state agencies.
.03 The MPO shall enter into agreement other than Interlocal Agreements
with the Department, operators of publ ic mass transportation services,
and the areawide and regional A-95 agencies. These agreements will
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prescribe the cooperative manner in which the transportation planning
process wi 11 be accompl ished.
.04 The MPO may enter into contracts.
The .,MPQ ma,y. acq.u.l ra~ OWQ.,.
'-:'~'.",; . . ;,.' F~, " '.~_ .
fuad$~ ..gl"8nts. ass. is tane:.e ~.' - gifts: or
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T ocaT,. state,art<:tfec:tera~.5OClrces. ,,'
.07 The MPO may establish and adopt a budget which shall operate on a
July I to June 30 basis provided, however, that each governi~g body
or agency participating in this agreement shall individually determine,
by resolution, the amount which said governing body or agency shall
appropriate as its participation in ,the funding of the MPO.
.08 The MPO 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.
.09 The MPO, in cooperation with the Department, shall carry out the urban
t ransportati on p 1 ann i ng process as requ ired byTi t 1 e 23 of the Code of
Federal Regulations (CFR) , Chapter I, Part 450, consistent with state
and local law.
.10 Plans and programs developed within the framework of the urban trans-
portation planning process may be modified in a manner consistent with
the procedure established for initial development.
5.00 Pursuant to Federal. Stat~ and Local Law
In the event that any election, referendum, approval, permit, notice,
or other proceeding or authorization is requisite under applicable law to
enable the MPO to enter into this Agreement or to undertake the Project
hereunder, or to observe, assume or carry out any of the provisions of the
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Agreement, the MPO will, to the extent of its legal capacity, work towards
the accomplishment and fulfillment of said needs.
6.00 Submission of Proceedinqs. Contracts, and Other Documents
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7.00 Riqhts of Review
All parties to the agreement, the FHWA, and UMTA shall have the rights
of technical review and eomment of MPO projects.
8.00 Contracts of the MPO
All contractual agreements, if involving FHWA, UMTA, and/or Department
funds, must be appropriately approved by the affected federal agency and
the Department.
Except as otherwise authorized in writing by the Department, FHWA,and
UMTA, where state or federal funds are to be used, the MPO shall not execute
any contract or obligate itself in any other manner with any third party
wi th respect to the Project wi thout the pr ior wri tten concurrence of the
Department, FHWA, and UMTA. Subletting of consultants contracts involving
funds administered by FHWA shall be in accordance with the requirements of
Paragraph 6b(S) of Volume 4, Chapter l, Section 2, Subsection 2, of the
Federal-Aid Highway Program Manual.
9.00
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Miscellaneous Provisions
How Contract Affected by Provisions Beinq Held Inval id
If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby if such remainder would
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then continue to conform to the terms and requirements of applicable
law.
.02 State or Terriotrial Law
Nothing in the-- Agreemen-ts ha 11 require
,c:ompl i anc:a wl th ~ny provi"s ion thereof, perform any other act
-'~.".'~
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the pr~isions Q~the Agre_tvJola.ta. ~atJPHc.ahle
state law, the MPO wi 11 at once not ifythe Department in order that
appropriate changes and modifications may be made by the Department
and MPO to the end that the HPO may proceed as soon as possible with
the Project.
10.00 Execution of Aqreement
This Interlocal 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.
11.00 Constitutional or Statutory Duties and Responsibilities or the Parties
to the Aqreement
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 rel ieve any of the parties of an obI igationor
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 Agree-
ment, in which case the performance may be offered in satisfaction of the
obligation or responsibility.
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12.00 Duration of AqreementandWithdrawal Procedure
This Agreement shall remain in effect until terminated by the parties
to the Agreement. Any party may withdraw from said Agreement after pre-
forma not i ceofi ntenttowi tl'rdraw to the other part"J es,
at le.ast 60 days prior tQ.. the: intendad, date. ofwithdrawaJ ~provia..a.. that
13.00 Amendment of Aqreement
Amendments to this Agreement may be initiated by the MPO. Amendments
shall be formally adopted by the' member agencies to this agreement and
approved by the Department of Legal Affai rs pursuant to Section 163.01(1 1) ~
Florida Statutes.1I
14.00 Confirmation of Aqreement
The Agreement shall be reviewed annually by the MPO to confirm the
validity of the contents and to recommend the types of amendments, if any,
that are requi red.
15.00 Aqreement Format
All words used herein in the 5 i ngul ar form shall extend to andincl uda
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.
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CITY OF
By:
ATTEST:
C ITY OF
By:
ATTEST:
By:
ATTEST:
Ctl' ng Ci,t, y' 1 etk,'" \ ,', Ii
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CITY OF PINELLAS PARK, FLORIDA
By: ~__.~>
..-.' .; Mayor
ATTEST: ",/;3:"}I:i. C7-':l~~-c-.!:/;;~d~ S~'''-~'-:_,...
l C,ity Clerk
Approved "(?t~7) ~"
~ty Attorney
ATTEST:
PINELLAS
By:
Chair
ATTEST: H 0,/. MuJ Jle~dore,Cler_k
By: ,;~,,-,'"iJ,',,-,"7'>I/'-:></:Lj--' ~
' "" D~puty Cl ~1~Ut'.JDS,AVA\l ,~!;
FLORIDA OEPARTMENT OF TRANSPORf~tli,lh ~\'mT!'~
OF FLORIOA
By: &.f;t ~-L........JAU~iJH~
ATTEST: ~, Jcv.aJ~
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