HomeMy WebLinkAboutCity of Tamarac Resolution R-86-207Introduced by:
Temp. Reso.#
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86-rZo-
A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT FOR TRAFFICWAYS ILLUMINATION WITH
BROWARD COUNTY FOR THAT PORTION OF UNIVERSITY
DRIVE FROM COMMERCIAL BOULEVARD TO SOUTHGATE
BOULEY_&RD; AND PROVIDINQ AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are hereby
authorized to execute an Agreement for Trafficways Illumination
with Broward County for that portion of University Drive from
Commercial Boulevard to Southgate Boulevard. A copy of said
Agreement being attached hereto as Exhibit "l".
SECTION 2: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this_4/?�Aday of , 1986.
MAYOR
ATTEST:
RECORD OF COUNCIL VOTE
CITY CLEOK
MAYOR:
HART
I HEREBY
CERTIFY that I have
approved
the form and correctness
DIST 1:
C/W MASSARO
of this
Resolution.
DIST. 2:
C/M STELZER
DIST. 3:
C/M GOTTESMAN
4
DIST. 4:
V/M STEIN
CITY AT
ORNEY
C]
Ao
A G R E E M E N T
FOR TRAFFICWAYS ILLUMINATION
Between
BROWARD COUNTY
And
This is an Agreement made and entered into by and between
BROWARD COUNTY, a political subdivision of the State of Florida (hereinafter
referred to as COUNTY), and (Z' 4 -r�J E, � —"r'A MA E- c , a
municipal corporation located in Broward County, Florida, and organized and
existing under the laws of the State of Florida (hereinafter referred to as the
MUNICIPALITY);
W I T N E S 5 E T H:
WHEREAS, 1 V ►"�. T `f «a M 1�1 �-Cz �-I �-- [ �•c r3,
"TO 4ZZ5 o 0 T H c3 A -rP- u+Y t
(is) (are) public trafficway(s) (hereinafter referred to as the "trafficway(s)"
located within the municipal boundaries of the MUNICIPALITY; and
WHEREAS, it is of mutual benefit to the residents of the COUNTY
and MUNICIPALITY to illuminate the trafficway(s) by installation and mainte-
nance of lighting systems; and
WHEREAS, the MUNICIPALITY by resolution of its governing body
adopted on the 11th day of June 19 86, has ' approved joint illumi-
nation of the trafficway(s) with the COUNTY pursuant to the terms of this
Agreement and has authorized the appropriate officers of the MUNICIPALITY
to execute this Agreement; and
WHEREAS, the COUNTY by action of its Board of County Commis-
sioners on the day of , 19 , has likewise approved the
joint illumination of the trafficway(s) with the MUNICIPALITY and has autho-
rized the appropriate COUNTY officers to execute this Agreement; NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, cov-
enants and payment hereinafter set forth, the COUNTY and MUNICIPALITY
. agree as follows:
9. The COUNTY and MUNICIPALITY shall participate in the illumination of
the trafficway(s) in the manner set forth in this Agreement.
2. The COUNTY shall perform the following:
(a) Prepare or cause to be prepared sodium vapor design plans and
specifications for the illumination of the trafficway(s). Such plans
and specifications shall be reviewed and approved by the Director
of the COUNTY'S Public Works Department (hereinafter referred to
as the "Director") and shall substantially conform to the Standard
Specifications for Highway Lighting established by the Florida
Department of Transportation.
(b) In accordance with the approved design plans and specifications,
install a lighting system along the trafficways. The lighting system
_ so installed shall remain the property of the COUNTY after instal-
lation and shall not be moved or relocated without the express
written consent of the ❑irector.
3. The MUNICIPALITY shall perform the following:
(a) Pay all electrical energy charges relating to the operation of the
lighting system used in the illumination of the trafficway(s).
(b) If the length of the trafficway or
any portion of such length is
(are) coterminous with the jurisdictional
boundaries of the MUNICI-
PALITY, the MUNICIPALITY shall
pay the utility charges for a
number of street lights based on
the MUNICIPALITY'S frontage
along the referenced trafficway.
The pro rata share for the
MUNICIPALIT)' along this trafficway
is as follows:
(c) Maintain the lighting system along
the trafficway(s) in accordance
with the approved design plans and
specifications and in substantial
conformance with the Standard Specifications for Highway Lighting
adopted by the Florida Department
of Transportation. As part of
such maintenance responsibility, the
MUNICIPALITY shall keep in
good repair and replace defective or wornout lighting system parts
and equipment.
0
-2-
0
4. As a material consideration for the COUNTY'S entry into this Agreement,
to the extent allowed by law, the MUNICIPALITY agrees to indemnify,
defend, save and hold harmless the COUNTY from all claims, demands,
liabilities and suits of any nature whatsoever arising out of, because of,
or due to the breach of this Agreement by the MUNICIPALITY, its
agents, contractors, or employees, or due to any act, occurrence, or
omission to act by the MUNICIPALITY, its agents, contractors or
employees.
S. The Director shall decide all questions, difficulties and disputes of what-
ever nature which may arise under or by reason of the illumination of
the trafficway(s) pursuant to the terms of this Agreement.
6. This Agreement does not effect responsibility for installation and main-
tenance of traffic control signals and devices along the trafficway(s).
7. This Agreement may be terminated by either party upon thirty (30) days
written notice given by the terminating party to the other party.
IN WITNESS WHEREOF, the COUNTY and MUNICIPALITY have made
and executed this Agreement on the respective dates under each signature;
BROWARD COUNTY, through its Board of County Commissioners, signing by
and through its Chairman, authorized to execute same by Board action on the
day of , 19 and
signing by and through duly authorized to execute same.
COUNTY
ATTEST:
County Administrator and Ex-
_ Officio Clerk of the Board of
County Commissioner of
Broward County, Florida
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Scott i. Cowan, Chairman
day of
19
Approved as to form and legality by
Office of General Counsel
for Broward County, Florida
SUSAN F. DELEGAL General Counsel
Governmental Center, Suite 423 _
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
. Assistant General Counsel
_3-
I�
AGREEMENT FOR TRAFFICWAYS ILLUMINATION BETWEEN
' BROWARD COUNTY AND CITY OF TAMARAC
MUNICIPALITY
ATTEST:
City lark
(CORPORATE SEAL)
APPROVED AS TO FORM:
1�1-, , �,A� r �rl �,
. tr,ity Att; ne
RAF:ed
A191-C
8/3/84
084-192
CITY OF TAMARAC
By
Mayor
day of 19 dpX
By:
City Manager
010 day. of 19�