96-R-05Hays for ordinance to be brought back for further consideration (carried 5-0)
95-R-05
REQUEST OF DONALD SLANEY TO ABANDON RAILROAD STREET - per
April 3, 1995 meeting - APPROVED upon conditions that applicant bear all
costs of recording & legal advertising; with exception of a 20' right-of-way
(easement) and agree to remove trees in question & not be required to replace the
trees to keep the stormwater flow open - ordinance was approved with
conditions but not executed until Slaney complies
96-0-01
OUTSIDE STORAGE OF VEHICLES, EQUIPMENT & MATERIALS - April 1,
1996 public hearing - MOTION TO APPROVE ORDINANCE (carried 5-0)
upon 4 changes - 1) strike Section 1101.04 (entire section), strike 1101.03 (F) &
(G)
96-0-05
COMP PLAN AMENDMENT (formerly 95-0-14) (Guava/Hibiscus) - per July 1,
1996 meeting - motion to approve ordinance & transmit to DCA - Martin
would like to leave the property as light industrial so it still works with the
residential zoning (motion carried 4-0)
96-0-15
1996 Ordinance list only goes to 96-0-10!
96-R-05
SUPPORTING VOLUSIA COUNTY BEACH TRUST COMMISSION &
OPPOSING ANY EFFORT TO DISSOLVE SAID COMMISSION - March 4,
1996 meeting - table resolution (carried 5-0)
96-R-09
CONFIRMING ABANDONMENT OF CONNECTICUT AVE (Resolution
typed in March '96) could not find in any minutes as a
matter addressed by council!
96-R-13
REQUESTING VOLUSIA COUNTY SCHOOL BOARD TO UTILIZE
AVAILABLE PROTOTYPE DESIGN PLANS - per May 6, 1996 meeting -
resolution was TABLED (carried 5-0)
Contact our office if you have any questions.
Thanks!.
(f...Iwp5Nusonlsl)
""
......
RESOLUTION NO. 96-R-OS
~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, SUPPORTING THE VOLUSIA
COUNTY BEACH TRUST COMMISSION AND OPPOSING ANY
EFFORT TO DISSOLVE SAID COMMISSION; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Beach Trust Commission was created by a voter
approved change to the County Charter in 1986 to serve as a local
voice in the decisions effecting control of Volusia County's beach
which had previously been controlled by the individual cities; and
WHEREAS,
the
Beach
Trust
Commission
consists
of
representatives of ten east Volusia cities and one Volusia County
representative; and
WHEREAS, the Beach Trust Commission is an advisory board to
,.....,.
the Volusia County Council on Volusia's beach issues regarding
public health, pedestrian safety, beach parking, access fees,
concessions and special events; and
WHEREAS, the Volusia County Council is considering a voter
referendum which would dissolve the Beach Trust Commission.
NOW THEREFORE, BE IT ENACTED by the City Council of the City
of Edgewater, Florida:
Section 1. The City Council hereby expresses its support for
the Beach Trust Commission in its present form as a representative
body for the people of the City of Edgewater and Volusia County.
.........
Section 2.
The City of Edgewater opposes any effort to
dissolve or weaken the Beach Trust Commission.
Section 3 .
All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 4. This resolution shall take effect upon adoption.
After Motion by
and Second by
, the
vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr.
xxx
.......
Councilman Danny K. Hatfield
xxx
96-R-OS
1
'7~
~
"-"
'-"
,...,
~
.....,
Councilwoman Louise A. Martin
xxx
Councilman Mike Hays
Councilman David L. Mitchum
xxx
xxx
PASSED AND DULY ADOPTED this ____ day of March, 1996.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Jack H. Hayman, Sr.
Mayor
Susan J. Wadsworth
City Clerk
96-R-OS
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
2
INTERLOCAL AGREEMENT
THIS INTERLOC.'1, AGREEMENT, effective on the date herein
specified below, by .)nd between Volusia County, City of Daytona
Beach, CitV of Dayton. Beach Shores, City of DeBarV, CitV of
Deltona, City of Deland, City of Edgewater, City of H011V Hill,
City of Lake Helen, City >f New Smyrna Beach, City of Oak Hill,
City of Orange City, City oi. Ormond Beach, Town of Pierson, Town of
Ponce Inlet, City of Port Orange, City of South Daytona,
hereinafter designated as voting members and the Florida Department
of Transportation, hereafter designated as a non -voting member, and
hereinafter to be known as the "Parties," creates and establishes
a METROPOLITAN PLANNING ORGANIZATION for Volusia County, Florida
hereinafter called the MPO.
WITNESSETH:
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 facilities, mass transit,
rail systems, air transportation, and other facilities will 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 Section 8 of the Urban Mass Transportation Act of
1964, as amended (49 U.S.C. 1607), requires that each urbanized
area, as a condition to the receipt of federal capital or operating
assistance, have a continuing, cooperative, and comprehensive
fir: \cps:\eye"em�c�mpo� 1
transportation planning process that results in plans and programs
consistent with the comprehensively planned development of the
urbanized area and stipulates that the State and the MPO shall
enter into an agreement clearly identifying the responsibilities
for cooperatively carrying out such transportation planning; and
WHEREAS, Rules of the Federal Highway Administration (FHWA),
and the Urban Mass Transportation Administration (UMTA)(now known
as the Federal Transit Administration (FTA)), published in Volume
40 of the Federal Register, No. 181, Pages 42976 to 72984,
September 17, 1975, hereinafter called the Rules, provide for the
designation of Metropolitan Planning Organizations by the Governor;
and
WHEREAS, Chapter 339.175 of the Florida Statutes, provides for
the creation, designation and apportionment of Metropolitan
Planning Organizations consistent with the federal laws and rules
identified above.
NOW, THEREFORE, in consideration of the mutual covenants,
promises, and representation herein, the parties agree as follows:
SECTION 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 8 of the Urban
Mass Transportation Act of 1964, as amended (49 U.S.C. 1607), and
to implement and ensure a continuing, cooperative, and
comprehensive transportation planning process that results in plans
and programs consistent with the comprehensively planned
(f:\vpst\agreemnt \mpoJ 2
development of the affected urbanized area in cooperation with the
State of Florida Department of Transportation (FDOT), hereinafter
called the Department.
Chapter 334, Florida Statutes, grants the broad authority for
the Department's role in transportation. Section 334.044 evidences
the legislative intent that the Department assume the
responsibility of coordinating a safe, viable, and balanced state
transportation system serving all regions of the state, and to
insure the capability of all components, including all multi -modal
facilities, to cooperate with and assist local governments in the
development of a statewide transportation system, and the
individual components thereof. Section 339.175, Florida Statutes,
specifies the authority and responsibility of the MPO and the
Department for 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 Chapter 334 and 339, Florida Statutes,
the Department and all parties to this agreement shall observe all
provisions of Section 163,3161 - 163.3215, the Local Government
Comprehensive Planning and Land Development Regulations Act and its
successors, and shall take particular care that the planning
processes and planning integrity of local governments as set forth
in the Local Government Comprehensive Planning and Land Development
Regulations Act and as evidenced by the legislative intent
expressed in Section 334.044, Florida Statutes, not be infringed
(f:\wp51\agreemn[\mpo� 3
upon.
SECTION 2.00: The Project
The project is defined as the continuing, cooperative, and
comprehensive transportation planning process for Volusiva County,
including the programming of transportation improvements for the
urbanized areas within Volusia County.
SECTION 3.00: Coordination and Agreement
The MPO shall carry out transportation planning and
programming activities as identified in the Urban Transportation
Planning Agreement between the Department and MPO.
SECTION 4.00: Powers, Responsibilities, and Obligations
4.01 The MPO shall have all powers, enjoy all
rights, privileges, and immunities, exercise
all responsibilities, and perform all
obligations as specified in Section 339.175,
Florida Statutes and incorporated herein as
authorized in Section 163.01, Florida
Statutes.
4.02 The MPO may employ personnel, and pursuant to
contract, it may utilize the staff resources
of local, areawide, and/or state agencies.
4.03
The MPO shall enter into agreement other than
Interlocal Agreements with the Department,
operators or public mass transportation
services, and the areawide and regional A-95
agencies. These agreements will prescribe the
cooperative manner in which the transportation
planning process will be accomplished.
4.04
The MPO may enter into contracts.
4.05
The MPO may acquire, own, operate, maintain,
sell, or lease real and personal property.
4.06
The MPO may accept funds, grants, assistance,
gifts, or bequeaths from local, state and
federal sources.
4.07
The MPO may establish a budget which shall
(f:\wP51\e9r—t\m 0) 4
operate on an October 1, through September 30
basis. The amount of fiscal participation
shall be determined by resolution adopted by
each MPO participant, subject to approval and
lawful appropriation by the respective member
bodies.
4.08 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.
4.09 The MPO, 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), Chapter
1, Part 450, consistent with state and local
law.
4.10 Plans and programs developed within the
framework of the urban transportation planning
process may be modified in a manner consistent
with the procedure established for initial
development.
SECTION 5.00: 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 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 Agreement, the MPO will, to the extent
of its legal capacity, work towards the accomplishment and
fulfillment of said needs.
SECTION 6.00: Submission of Proceedings, Contracts, and
Other Documents
The MPO and the Department shall exchange such data, reports,
records, contracts, and other documents relating to the Project as
the Department may require.
SECTION 7.00: Rights of Review
(fA\ 51\e9re"nt\mpo) 5
All parties to the Agreement, the FHWA, and FTA, shall have
the rights of technical review and comment on MPO projects.
SECTION 8.00: Contracts of the MPO
All contractual agreements, if involving FHWA, FTA, 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 FTA, 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 with respect to the Project without the
prior written concurrence of the Department, FHWA, and FTA.
Subletting of consultants contracts involving funds administered by
FHWA shall be in accordance with the requirements of Paragraph
6(b)(5) of Volume 4, Chapter 1, Section 2, Subsection 2, of the
Federal Aid Highway Program Manual.
SECTION 9.00: Miscellaneous Provisions
9.01 How Contract 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.
9.02 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
contraventions of 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.
SECTION 10.00: Execution of Agreement
rt. \m51 6
This Interloc.'. Agreement may be simultaneously executed in
several counterparts, each of which so executed shall be deemed to
be an original, and sucl. counterparts together shall constitute one
and the same instrument.
SECTION 11.00: Consti:.utional or Statutory Duties and
Responsibilities of the Parties to the
Agreemert
This Agreement shall not be construed to authorize the
delegation of the constitutioral 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 case the performance may be offered in satisfaction of the
obligation or responsibility.
SECTION 12.00: Duration of Agreement and Withdrawal Procedure
This Agreement shall remain in effect until terminated by the
parties to the Agreement. Any party may withdraw from said
Agreement after presenting in written form a notice of intent to
withdraw to the other parties at least 60 days prior to the
intended date of withdrawal provided financial commitments made
prior to withdrawal are effective and binding for their full term
and amount regardless of withdrawal.
SECTION 13.00: Amendment of Agreement
Amendments to this Agreement may be initiated by the MPO.
Amendments shall be formally ratified and approved by resolution of
(fA\ 5Aagreemnt\mpa) 7
the respective parties to this Agreement.
SECTION 14.00: Confirmation of Agreement
The Agreement may be reviewed annually by the MPO to confirm
the validity of the contents and to recommend the type of
amendments, if any, that are required.
SECTION 15.00: Agreement 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 in any gender shall extend
to and include all genders.
SECTION 16.00: New Agreement
This Agreement supersedes and replaces an original Interlocal
Agreement dated October 20, 1988.
IN WITNESS THEREOF, the undersigned parties have caused this
Interlocal Agreement to be duly executed in their behalf and hereby
establish the above designated MPO this 23rd day of April, 1996.
/h \vp51\agreamnt\mpo� 8
Interlocal Agreement among Volusia County and the municipalities of
Daytona Beach, Daytona Beach Shores, DeBary, Deltona, DeLand,
Edgewater, Holly Hill, Lake Helen, New ,Smyrna Beach, Oak Hill,
Orange City, Ormond Beach, Pierson, Ponce fnlet, Port Orange, South
Daytona, and the Florida Department of Transportation, relating to
the Metropolitan Planning Organization.
O
ATTEST:
Susan . Wadsworth
City Clerk
(f!%V51\as:ee t\ma ) 9
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
APPROVED FOR FORM & CORRECTNESS:
Arisna A. Storep
City Attorney
ATTACHMENT A
VOLUSIA COUNTY MPO
VOTING STRUCTURE METHODOLOGY
The following narrative describes the methodology used to determine
the voting structure for the Volusia County MPO.
(1) There shall be nineteen (19) voting members on the Volusia
County MPO. This is the maximum number of voting members
currently allowed under Florida Statutes. The voting members
of the Volusia County MPO are:
Daytona Beach
1
Daytona Beach Shores
1
DeBary
1
DeLand
1
Deltona
1
Edgewater
1
Holly Hill
1
New Smyrna Beach
1
Orange City
1
Ormond Beach
1
Port Orange
1
South Daytona
I
Volusia County
6
18
In order to keep the voting membership at 19 as mandated by
Florida Law, the four smallest (by population) cities in
Volusia County will share the 19th vote by rotating it
annually:
Lake Helen
Ponce Inlet
Pierson
Oak Hill
(2) The vote of each municipality shall be weighted in the
following manner:
33.3% shall be divided equally among the six (6) Volusia
County representatives;
66.7% shall be divided among the sixteen (16) municipalities
in Volusia County as a percentage of each municipality's
population. Population percentages shall be determined
annually by using the most current data available from the
Bureau of Economic and Business Research (BEHR) of the
University of Florida.
(ft\x 51\agrae nc\mpo) 10
(3) With respect to tte arrangement to rotate one vote among the
four smallest (by population) cities, the following policy
shall apply:
If the voting city representative is absent from the meeting,
then the city representative from the next city in line who is
present at the meeting shall vote on behalf of the four
cities.
If the four cities would like to hold coordination meetings to
review and discuss the MPO agendas prior to the monthly MPO
Board meetings, the MPO staff shall make all appropriate
arrangements to ensure that these meetings are held, including
providing proper notice of said meetings to the press and
public.
(f:\vp51\agree t\m O) 11
FROM UOLUSIe COUNCIL OF GOUERNMENTS
acloFoUrb. VOIUsia CA,,
f S AREA-;
Tel] ano;
JamesVenderprlap, Cho] an
r
baytona Borah March 25, 1998
03.25.1996 11:12 P. 1
;an IPAanoing Organization
)RTATIbN PLANNING
»uaee�c�� padagstto.t3e1 �
1 e,u, .n...•ee�ia,an
cordons Beach shorn FOR YOUR IMMEDIATE ATTENTION
oobery ? Mr. Geo rge McMahon City Manager
Ohy of Edgewater i1A
Deland PO Box 1DO Q z 5 co
Edgewater, FL 32132
O.uone Dear Mr. McMahon,
The MPO has recelyed Us official letter from the Govemor approving the MPO's Welghleclllote
Reapportionment Plan whit
wwas unanimously approved by the Board on November 28, 1995,
Eeaemter (... ,i
One of the gnal,p�eps rIntl for Implsmentallon of the plan Is to execute a now Inte!'ocal
agreement with th lorldepartmedt of Transportation within the next alAy days, In ag Ion,,
Holy Hill d .0 partlUpatin al gmment (eKcepi Volusla County) mu61 appoint NE member t� $ireon the MPO Boa iOfise, the local governments have the option der simply re appo ding
their currant repfeseMl(tallve" The local governments that ha4, more than one MPO representative , rA
Lake Helen under the previous voting plan, must appolni one member. And, Volusla County must appoint six
(6) rep rasentatives under the new voting plan. PLEASE SUBMIT, IN WRITING. THE NAME OF
YOUR REPRESENTIVE AND AN ALTARNATE. This Information will be forwarded to Ms. Nancy
New smyma Beach Houston, FDOT, along with„iha signed )nterlocal agreement.
Please place these items on yyour next city council maeting agenda for action. If you have. any
Oek He 4uastlons, please do not tiesltate to contact me directly at 904.322.6160, W. 25, 1 sincerely
appreciate your Immediate attention to this Important matter.
81
Orange caoerely,r �-.�
arbere A. Myers
Ormond Beam, Acting Executive Director
Ends: Intedocal Agreement
Person letter to Phil Glomo from Lawton Chliss, dated March 16, 199B
_ ,-MayorJacgHeyme'p.
PMGe R lel
ou"ll "HUISWumi, airy \ ler6
Poat'It"Fax
Note 7671
Dxn ta'
_ 3 ;. y C
. ar / -
aneoe
Purl Orange-
I
Coe t.� �"„
Co. -, ,r.,_.. C)Il
Phone
Ph r.�. C .I,J'�,
South Were
_
Faaa J_.e�L ,I C�
re+a -
- t11 L�
Volusla County
MPO EXECUTIVE COMMITTEE
Mayor Jams Vandor941111, Now Smyma eesch two Council Member Par Psrterson, Volusla Counry
Commlteloncr Jenol pollum, OeLond ... Council Member 0eorae Eo4o, Sown Da tone a..
Mayor Won Asher, Oeylona beach ..1 council Member Proddya Moore, WvOo Ccuhd' no Mayor,�avld Mood, Ormondanch
FROM OOLUSIF COUNCIL OF IOUERNME14TS 03.25.1996 It:13 P. 2
' STA'BOrFLOa1DA . ►Fl1CC'�?
ro 3 Office of #jr wove'Knor MAR 21 i 96 D
TWfiCAPIT01
TAU.AHAS P8. F1-OalDA M99.0001
LAwTON OuLPS ..., i........
GOV6aNOa
Match 15, 1996
Mr. Phil Glorno, Chairman
Vplusla County MPO
Suite 22
135 East International Speedway Boulevard
Daytona Beach, Florida 32118
Dear Phil:
The reapportionment plan for the Volusla Metropolitan Planting Organization (MPO), submitted
oil February 2, 1996, has bee" replewed and found consistent with state statutes and federal
laws. Therefore, I approve the ntCmbership reapportionment plan and hereby redesignate tic
Volusia MPO. $
A'Tevised Interlocal Agreement " list be executed with the Florida Department of Transportation
(FI?0T) within the next sixty da, since this approved reapportionment plan contains changes in
MPO mehibership. Each governinctilat entity must appoint or reappoint a represeutative to
serve on the MPO and transmit t11}9se names to Ms. Nancy Houston, FDOT District Fivc
Secretary, Florida DepartniCnt of Transportation, 719 Woodland Boulevard, Deland, Florida
32720. Upon submission of those, names, the MPO should schedule a meeting, adopt any
applicable agreements and address other state and federal requirements necessaiy for the proper
administration of the MPO.
I know that PDOT staff is working will) you and your staff to continue an effeclive slid
cooperative process. If you. have any questions about this process, please contact Ms. Carolyn
Zeller, District Five Director for planning and Public Transportation, in Orlando, al
(407) 623-1085 extension 113.
Willi kind regards, I am,
Sinctr
OCHILBSL TN
LC/uum
FROM UnL US IR COUNCIL OF 60UEFNMENTS 03. 25. 1996 11:14 P. 3
INTERLOCAL AGREEMENT
S
THIS INTERLOCAL AGREEMENT, effective on the date herein specified below, by and between
Vglusla County, City of Daytona Beach, City of Daytona Beach SjLom, 0y of DeBaro, City of
001tona. City of DeLand, City ot_9doewalar, City of Hofly Hill, City of Lake Helen, City of New
Smyrna Beach, City of Oak Hill, City of Orange City, City of Ormond Beacili, Town of Pierson,
Town of Ponce Into, City of Pad Orange,, CHv of South Daytona, hereinafter designated as voting
members and the Florida Degjrtment A Transportation, hereafter designated as a non -voting
member, and hereinafter to be known as the 'Parties; creates and establishes a METROPOLITAN
PLANNING ORGANIZATION for Volusia County, Florida hereinafter called the MPO.
WITNESSETH:
WHEREAS, the parties to this Intedocal 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 facilities, mass transit, call systems, air lransponatlon, and other facilities
will be properly located and tfevelqiped in relation to the overall plan of developrnent and
WHEREAS, the Federal Covernmenl, under the authority of 23 U.S.C. 134 and Section 6 of file
Urban Mass Transportation Act of 1904, as amended (49 U.S.C. 1607), requires that each urbanized
area, as a condition to the rec@Ipt 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 urbanized area and stipulates that the
State and the MPO shall enter Into an agreement clearly Identifying the responsibilities for cooperatively
carrying out such transportation planning; and
WHEREAS, Rules of the Federal Highway Administration (FHWA), and thr. Urban Mass
Transportation Administration (UMTA) (now known as the Federal Transit Administration (FTA.)).
published In Volume 40 of the Federal Register, No. 181, Pages 42976 to 42984, Srptrmber 17, 1975,
hereinafter called the Rules, provide for the designation of Metropolitan Planning Organizations by the
Governor; and
WHEREAS. Chapter339.175 of the Florida Statutes, provides for the creation, deslgnafion and
epportionmenl of Metropolitan Planning Organizations consistent with the federal laws and rules
Identified above.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation
herein, the parties agree as follow$;
PROM UOLUSIa COUNCIL OF eOUERNMENTS 03.25.1996 11,16 P. 5
4.02
The MPO may employ Personnel, and pursuant to contract, It may utilize
the staff resources of local, areawlde, and/or state agencies,
4,03
-1 The MPO shall enter Into agreemenlsolher than Intodocal Agreements
- vAh the Department, operators of public mass transportation services,
and the areawlde and regional A-95 agencies. These agreements will
proscribe the cooperative manner In which the transportation planning
process will be accomplished.
4.04
The MPO may enter Into contracts.
4.05
The MPO may acquire, own, operate, maintain, sell, or lease real and
personal property.
4.06
The MPO may accept funds, grants, assistance, gifts, or bequeaths from
local, stele, and federal sources.
4.07
The MPO may establish a budget which shall operate on an October 1
through September 30 basis, The amount of fiscal participation shall be
determined b� resolution adopted by each MPO padlclpant, subject to
approval and awful appropriation by the respective member bodies.
4.09
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.
41M
The MPO, In cooperation with the Department, shall carry out the urban
transportation planning process as required by Tice 23 of the Code of
Federal Regulations (CFR), Chapter 1, Part 450, consistent with state
and local Isw.'
4.10
Pions and programs developed within the framework of the urban
transportation,,planning process may be modified In a manner consistent
with the procedure established for Initial development.
SECTION 5.00:
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 enable the MPO to enter Into mis Agreement or to
undertake the Project hereunder or to observo, assume, or carry out any of Ilia provisions of the
Agreement, Ilia MPO will, to the extent of Its legal capacity, work towards the accomplishment ana
fulfillment of said needs.
SECTION 6.00: Submission of Proceedings, Contracts, and Other Documents
The MPO and the Department shall exchange such data, reports, records, contracts, and other
documents relating to the Project as the Department may require.
SECTION 7.00: RIIhte of Review
All parties to the Agreement, the FHWA, and PTA, shall have the rights of technical review and
comment on MPO projects,
3
FROM UOLUSIB COUNCIL OF GOUERPME NTS 93.25.1996 I:t IL
P. 6
t' SECTION 3,00: `f ' Contracts of the Ill
„
All contractual agreements, If Involving FHWA, FTA, and/or Department funds, must be
appropriately approved by the affahoed federal agency and the Department.
Except as otherwise authorized In writing by the Department, FHWA, and FTA, where state or
federal funds are to be used, the MPO shall not execute any contract or obligale Itself In any other
manner with any third party with respect tothe Project without the prior written concurrence of the
Department. FHWA, and FTA. subletting of consultants contracts Involving hinds administered by
FHWA shall be In accordshce vdlh the requirements of Paragraph 11(b)(5) of Volume 4, Chapter 1,
Section 2, Subsection 2, of the Feleral Aid Highway Program Manual.
SECTION 9,00: ! Mljcellansous Provisions
g pt ntr A v s n el nvalid: If any provision
of this Agreement Is held invalid, tho remainder of this Agreement shall
not be affected thereby If such remainder would then continue to
ootlfomn to the terms and requirements of applicable law.
11.02 "dto ro Nothing In the Agreement shall require the
MPO to o dprNe or enforce compliance with any provision thereof,
perform any other act or do any other thing In contraventions of any
7 applicable state law, the MPO will at once notify tho Department in order
` that appropriate. changes and modifications may be made by Iho
Department and MPO to the end that the MPO may proceed as soon as
pogslble with the Project,
SECTION 10.00: Execution of Agreement
This Intedocal 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.
SECTION II.00: Constitutional or Statutory Duties and Responsibilities of tho
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 addillon, this Agreement does not reiievo ally of the parties of an
obligation or responslbllity 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 case the performance may be oftured in satisfaction of
the obligation or responsibility.
4
FROM UOLUSIR COUNCIL OF OOUERNMENTS 03.25.1996 IU 17 F. ]
SECTION 12.00i Ogratlon of Agreement and Withdrawal Procedure
This Agreement shall remain In effect until terminated by the parties to the Agreement. Any
party may withdraw from said Agreement after presenting In Milan form a notice of Intent to withdraw to
the other parties at least 00 days prior to the Intended date of withdrawal provided financial commitments
made prior to withdrawal are effective and binding for their full term and amount regardless of
withdrawal.
SECTION 13.00: Amendment of Agreement
�) Amendments to this Agreement may be Initiated by the MPO. Amendments shall be formally
/ relined and approved by�resolutloriof the respective parties to this Agreement.
SECTION 14.00: Confirmation of Agreement
The Agreement may be reviewed annually by the MPO to confirm the validity of the contents
and to recommend the type of amendments, If any, that are required.
SECTION 16.00: Agreement 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 In any gander shall extend to and
Include all genders.
SECTION 16.00: New Agreement
This Agreement supersedes and replaces an original Inlerlocal Agreement dated October 20,
1988,
IN WITNESS THEREOF, the undersigned parties have caused this Inlerlocal Agreement to be
duly execulad In their behalf and hereby establish the above designated MPO this gjrd day of And,
1998.
6
j � iFt
Interlocal Agreement amon,: Volusia County and the municipalities of Daytona Beach, Daytona Beach
Shores, DeBary, Deltona, Do, and, Edgewater, Holly Hill, lake Helen, New Smyrna Beach, Oak Hill,
Orange City, Ormond Beach, Verson, Ponce Inlet, Port Orange, South Daytona, and the Florida
Department of Transportation, Waling to the Metropolitan Planning Organization
Witnesses:
Attest:
CITY OF EDGEWATER
Signature
Namefritle (typed or printed)
Dale
Signature
Name/Title (typed or printed)
Approved as to form:
NarnefTille (printed or typed) Name/Title (printed or typetl)
Date---- Data —
Notary Public Signature & Seal
Signature
Date
11