HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-053Temp. Reso. #10372
March 11, 2004
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- 53
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT WITH WELDON NEIGHBORHOOD
ASSOCIATION, INC. FOR THE CITY OF TAMARAC
THROUGH THE BROWARD COUNTY SHERIFF'S
OFFICE TO EXERCISE JURISDICTIONAL AUTHORITY
FOR TRAFFIC CONTROL AND ENFORCEMENT
WITHIN THE PROPERTY OF THE WELDON
NEIGHBORHOOD ASSOCIATION, INC.; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac, through the Broward County Sheriff's
Office, has the authority to patrol on private property to enforce all the laws of the
State of Florida, Broward County and the City of Tamarac other than for traffic
control and enforcement purposes; and
WHEREAS, the roadways in the Weldon Neighborhood Association, Inc.
are privately owned and the City of Tamarac through the Broward County
Sheriff's Office does not have jurisdiction to provide traffic control and
enforcement to this area; and
WHEREAS, the Weldon Neighborhood Association, Inc. has requested
that the City of Tamarac through the Broward County Sheriff's Office be
authorized to provide traffic control and enforcement within the Association's
private roadways; and
Temp. Reso. #10372
March 11, 2004
Page 2 of 3
WHEREAS, by State Statute 316.006(2)b a written agreement is required
for a municipality to exercise jurisdiction, for traffic control and enforcement
purposes, over the private and limited access road(s) owned or controlled by the
owner; and
WHEREAS, the Assistant to the City Manager and Broward County
Sheriff's Office District VI Chief recommend that the City Commission execute
an agreement with Weldon Neighborhood Association, Inc. for traffic control and
enforcement purposes; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
provide traffic control and enforcement within the private roadways owned by
Weldon Neighborhood Association, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific
part of this Resolution.
SECTION 2: The appropriate City Officials are hereby authorized
to execute an agreement (attached hereto as Exhibit 1 ") with the Weldor -
Neighborhood Association, Inc. for the City of Tamarac through the Broward
County Sheriff's Office to exercise jurisdiction for traffic control and enforcement
purposes over any private and limited access road(s) owned or controlled by
Weldon Neighborhood Association, Inc.
Temp. Reso. #10372
March 11, 2004
Page 3 of 3
SECTION 3: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this 24th day of March, 2004.
ATTEST:
4
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. K FT
CITY ATTORNEY
.+ CC
J E SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
AGREEMENT BETWEEN THE CITY OF TAMARAC,
SHERIFF OF BROWARD COUNTY, AND THE WELDON
NEIGHBORHOOD ASSOCIATION, INC. FOR TRAFFIC
CONTROL AND ENFORCEMENT
THIS AGREEMENT made and entered into in Broward County, Florida, this
day of ycA- ;LOD0t3—by and between the City of Tamarac, a municipal
corporation orga ized and existing under the laws of the State of Florida, which is a
municipality located within the boundaries of Broward County, Florida (hereinafter
referred to as CITY), Kenneth C. Jenne, II as the Sheriff of Broward County, Florida
(hereinafter referred to as SHERIFF) and the Weldon Neighborhood Association, Inc., a
not for profit Florida corporation located in the City of Tamarac (hereinafter referred to
as OWNER). A legal description of the common areas owned by the Weldon
Neighborhood Association, Inc. is attached hereto as Exhibit "A".
WHEREAS, the CITY, through its existing Agreement for Police Services with the
Sheriff of Broward County, Florida, and all other duly appointed officers, employees and
agents, recognizes that it has full power and jurisdiction to patrol on private property to
enforce all of the laws of the state, county and city, duly enacted, excluding those of
traffic control and enforcement; and
WHEREAS, the OWNER, specifically recognizes the above; and
WHEREAS, the OWNER wishes to have the CITY, and SHERIFF exercise
jurisdiction for traffic control and enforcement purposes, including but not limited the
enforcement of Tamarac Code Chapter 14, Article II, Sec. 14-26(a) and State Statute
316.2065(3)(d)(e), over any private or limited access road or roads owned or
maintained by the OWNER, which is described in attached Exhibit "A", pursuant to
Florida Statute 316.006(2)(b);
WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual convenants and
undertakings of the parties hereto, and other good and valuable considerations, the
parties hereto covenant and agree, each with the other as follows:
1. That the foregoing preamble is hereby ratified and confirmed as true and correct.
2. That OWNER hereby represents that OWNER owns or controls the private and
limited access road(s) within the property described in attached Exhibit "A".
3. That the OWNER hereby recognizes the jurisdiction of the CITY and SHERIFF
over any private or limited access road or roads within the property described on
Exhibit "A" attached hereto, for traffic control and enforcement purposes.
Page 1 of 4
4. That the CITY and. SHERIFF hereby agree to exercise jurisdiction for traffic
control and enforcement purposes over any private or limited access road or
roads within the property described in attached Exhibit "A".
5. That the OWNER agrees, at its own expense, to pay all costs necessary for
signage and markings as prescribed by the appropriate local governmental
authority, as necessary for traffic control and enforcement purposes.
6. That the OWNER agrees to hold harmless, indemnify and defend the CITY,
SHERIFF and their employees, agents, servants and representatives, from any
and all suits, claims or judgments of any kind arising solely and as a direct result
of CITY and/or SHERIFF exercising jurisdiction for traffic control and
enforcement purposes over any private or limited access road or roads, as
provided in this Agreement, or arising from the acts or omission of OWNER, its
employees, agents, servants, or representatives.
7. That the OWNER agrees to name the CITY and SHERIFF as an additional
insured under its general liability policy as to the traffic enforcement activities of
the employees and agents of the Broward Sheriffs Office, a copy of which is
attached as Exhibit "B".
8. That the OWNER, SHERIFF and the CITY agree that at this time, it is
impracticable to determine any other costs except for those above stated for
traffic control and enforcement purposes. However, if additional costs for traffic
control and enforcement purposes, as provided in this Agreement, are
determined, the OWNER agrees to pay same.
9. That although the OWNER recognizes that authority of the CITY and SHERIFF
to patrol on private property to enforce all of the laws of the state, county and city
upon the OWNER's property other than for traffic control and enforcement
purposes, same is done pursuant to law and not through this or any other
Agreement.
10. That either party may terminate this Agreement upon sixty (60) days notice by
notifying the opposite party in writing of its intention to do same.
11. Notices shall be deemed given when sent by the United States Mail, Certified,
with a return receipt requested, to the respective party at the following addresses
or such addresses as may be provided from time to time in accordance with the
procedures set forth herein:
City Manager of the
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321
With a copy to the City Attorney at the same address
Page 2 of 4
Sheriff of Broward County, Florida
2601 West Broward Boulevard
Fort Lauderdale, Florida 33310
Weldon Neighborhood Association, Inc.
9571 Weldon Circle
Tamarac, FL 33321
The parties acknowledge that police services are provided by SHERIFF throughout the
City of Tamarac pursuant to a separate agreement between CITY and SHERIFF, and
said Agreement governs CITY and SHERIFF. The parties also acknowledge and agree
that the provisions of this Agreement for Traffic Control and Enforcement are not a
waiver by CITY of the rights and remedies it has pursuant to the Agreement between
CITY and SHERIFF for police services or a waiver of indemnification provided by
SHERIFF in said Agreement.
In WITNESS WHEREOF, the parties hereto have caused their respective agents
to execute this instrument on their behalf, this stay of
CITY OF TAMARAC, FLORIDA
ATTEST:
MARION SW NSON, CIVIC
JOE SCHREIBER
CITY CLERK
MAYOR
DATE: b a�
(SEAL) /
DATE:
BY:
J R L. MILLER
CITY MANAGER
DATE: 3�T.............._
MITCHELL S. KRA
CITY ATTO NEY (j
DATE. f 1`
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
Page 3 of 4
V_ 1(LTNESSES: i
G�•
APPR V ED AS TO F R AND
LEG' 5UFFIGiEN Y:
BY.
DEPARTMENT OF LEGAL
AFFAIRS
DATE: G ' / Y �
WITNESSES
ATTEST:
BY:
PGrKATE SECRETARY
PRINT NAME:
DATE: i i -- -z s---c,
(Corporate Seal)
KENNE C. JE NE, II
SHERI F OF1,OWARD COUNTY
BY-
I NNETH)E. JENNE, II
fill SHERIFF
DATE: �-
OWNER:
Weldon Neighborhood
Ass�Gi'qn, Inc,
By: ✓ �/ f
PRESIDENT
DATE: //'
r��
Page 4 of 4
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LIABILITY INSURANCE
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T IS CERTIFICATE IS ISSUED A5 A MATTER 0)' iNFAUTiON
14750 Palmetto Frontage Road
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND
Suite 120
OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Miami Lakes, FL 33010
INSURED
INSURERS AFFC)RDIN4 COVERAGE NBC M
Weldon Neighborhood Assn., Inc
fNSURERA. Philadelphia Insurance Company 23$$0
C/o Consolidated Mgmt
INSURERS:
10034 W. McNab Rd,
INSURER C:
T2mdrac, FL 33321
INNIURER D,
COVERAGES
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The City of Tamarac, FL, Kenneth C. Jenne 11 as Broward County Sheriff and Broward County
Sheriff's Office are added as additional insureds an respects traffic enforcement
actl7NitiOs; of the umployea$ and agents of the Broward Sheriffs office unless such
liability arlses front the gross negligence or willful misconduct of an agent or employee
of either the City or The Broward County Sheriff's office.
The City of Tamarac, FL, Kenneth
C. Jenne 11 as Broward County
Sheriff & Droward Co, Sheriff's
Office
Tamarac, FL 33321
ACORD 25 (RgMI08) 1 of 2
#217739
SHOULD ANY OF THE ANCYR D96CRIBED POLICIES BE CANCr..LLED BEFORE THE EX� PI
DATE THEREOF, THE ISSUING INSURER WILL UNDEAVOR TO MAIL
II TO THH CERTInCATE HOLOCR NAME* TO THE L10'r, BUT FAILTGURE TO DO80 SHALL
IMPOSE No OD61GAT104 OR LIA31UTY OF ANY KIND UPON THE INSURER, 173 AGENTS OR
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