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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-082Introduced by V/M Massaro
Temp. # 2742
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R -84-82
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
14ITFI BROWARD COUNTY FOR TRAFFIC ENGINEERING FUNCTIONS
IN THE CITY OF TAMARAC; AND PROVIDING 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 traffic engineering functions with Broward County within
the City of Tamarac, a copy of which is hereby attached hereto as Exhibit A.
SECTION 2: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this 14th day of
ATTEST:
ASSISTANT CITY CLERK
I HEREBY CERTIFY t at I have approved
the form and co rr ctness of this
Resol! n.
CI
A
March
MA OR
. 1984.
RECORD OF COUNCIL VOTE
MAYOR FALCK:
DIST. 1: CAA KRAVITZ:
DIST. 2: V/M I':AASSARO:
DIST. 3: C/M S d ELZER:-
DIST. 4: C/M KRANTZ:
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TRAFFIC ENGINEERING AGREEMENT
THIS AGREEMENT, made and entered into this day of
A. D . 19�, by and between:
BROWARD COUNTY, Florida, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY;" and
CITY OF M,4 &4 C , a municipal corporation existing under
the laws of the State of Florida, hereinafter referred to as "CITY;"
W I T N E S S E T H:
WHEREAS, Section 316.006(2), Florida Statutes, grants municipalities
original jurisdiction over all streets and highways located within their bound-
aries, except state roads, and grants said cities authority to place and main-
tain traffic control devices which conform to the manual and specifications of
the State Department of Transportation upon all streets and highways under
their original jurisdiction, as they shall deem necessary, to indicate and to
carry out the provisions of Chapter 316 or to regulate, warn, or guide traffic;
and
WHEREAS, CITY OF 7AMARAC presently has a traffic engi-
neering function authorized and directed to carry out the matters authorized
by Section 316.006(2), Florida Statutes; and
WHEREAS, the Broward County Charter, Section 1.050, provides
that county government shall have the power and authority to assume and
perform all functions and obligations now or hereinafter performed by any
municipality whenever such municipality shall request the performance or
transfer of the function to the COUNTY; and
WHEREAS, it has been determined that a centralized agency respon-
sible for the installation, operation and maintenance of traffic control devices,
throughout Broward County, Florida, is the most economical and efficient
means of providing such needed service; and
WHEREAS, as part of this centralization of functions, CITY and
COUNTY have agreed to transfer the functions, authority, powers, responsi-
bilities and duties of the CITY'S Traffic Engineering function pertaining to
the planning, installation, operation and maintenance of traffic control devices
to the COUNTY pursuant to terms and conditions of this Agreement; and
WHEREAS, as a part of the consideration for the entering into of
this Agreement, the COUNTY has agreed to assume the current funding
obligation for the operation transferred hereunder, pursuant to the terms of
this Agreement; and
WHEREAS, as part of the consideration for this Agreement, CITY
has agreed to transfer to COUNTY certain equipment, materials and supplies
enumerated hereunder; and
WHEREAS, Florida Statutes, Section 125.01(3), authorizes the
COUNTY to enter into agreements with other governmental agencies within or
outside the boundaries of the COUNTY for the performance of the COUNTY of
certain of the CITY'S authorized functions.
NOW, THEREFORE, IN CONSIDERATION of the premises and mutual
covenants hereinafter contained, the parties do agree as follows:
I. TRANSFER OF FUNCTIONS AND DUTIES.
CITY agrees to transfer to COUNTY, and the COUNTY agrees to accept
and perform the following functions and duties in order to protect the
welfare of the public, which functions and duties were formerly performed
by CITY:
(a) Install stop or yield signs necessary to govern traffic.
(b) Install and maintain traffic signals where necessary.
(c) Prohibit or restrict left, right and U-turns.
(d) Designate crosswalks, establish safety zones and mark traffic lanes.
(e) Designate one-way streets.
(f) Establish no -parking, no -standing and no -stopping regulations.
(g) Establish play streets.
(h) Establish emergency and experimental regulations.
(i) Establish on -street truck and passenger loading zones.
(j) Establish speed limits.
(k) Establish no passing zones.
(1) Designate public carrier stands.
(m) Establish traffic control guidelines for all roadway construction and
maintenance operations.
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2.
(n) Prohibit use of streets by trucks.
(o) Prohibit use of streets by bicycles.
The COUNTY shall perform the above -described functions and duties
through its Division of Traffic Engineering or any successor division
which may be created. The COUNTY shall be fully responsible for all
repair and maintenance concerning the items delineated in paragraphs (a)
through (o) above, but it is understood and agreed that CITY shall have
the duty and obligation to notify COUNTY promptly when CITY receives
notice, or has either actual or constructive knowledge, of any and all
defects, malfunctions, failings or imperfections in the installation or
operation of traffic regulation equipment, signs, and signals as encom-
passed under this Agreement or if any said equipment, signs and signals
are in need of repair, replacement, or maintenance.
All regulations established by the Traffic Engineering
COUNTY shall be made only after an engineering study
the regulation is proper. All signs, signals and markings
ment thereof shall be in conformance with the manual on
Control Devices published by the State Department of
No regulation will be effective unless proper signs, signal
ings are in place.
ENCROACHMENTS.
Department of
has shown that
and the place -
Uniform Traffic
Transportation.
s and/or mark -
It is understood and agreed that CITY shall retain the power to grant
encroachments as provided by its Code of Ordinances subject, however,
to the right of the COUNTY Traffic Engineering Division to review any
proposed encroachments in order to ascertain whether the same will con-
stitute a traffic hazard. If the COUNTY Traffic Enginnering Division
determines that said encroachment agreement will constitute a traffic
hazard, then such encroachment agreement shall not be executed. With
regard to existing encroachment agreements, the COUNTY Traffic Engi-
neering Division shall review the same at the request of the CITY or
may review the same at its own option in order to determine whether or
not the same constitute traffic hazards. If the COUNTY Traffic Engi-
neering Division does so determine that any of such encroachment agree-
ments do in fact constitute a traffic hazard or hazards, the COUNTY
Traffic Engineering Division shall notify the CITY and CITY shall take
such steps as may be necessary to effect the removal of such encroach-
ments at CITY expense.
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3. RETENTION BY CITY OF FUNCTIONS AND
DUTIES NOT TRANSFERRED.
It is specifically understood and agreed that all rights and powers as
may be vested in the CITY pursuant to Chapter 316 of the Florida
Statutes or any other law or ordinance or Charter provision of CITY and
not specifically transferred to COUNTY hereunder shall be retained by
CITY. It is further understood and agreed that CITY is not transferring
any of its traffic enforcement functions, rights or duties by the execution
of this Agreement, and CITY shall fully retain such traffic enforcement
functions, rights and duties together with all rights of enforcement of
CITY traffic ordinances or state traffic statutes.
4. TRANSFER OF MATERIALS, SUPPLIES AND EQUIPMENT.
The CITY transfers ownership to the COUNTY of those materials, sup-
plies and equipment contained within and used exclusively by the CITY'S
traffic engineering function, such materials, supplies, and equipment
being those itemized and described in the list attached hereto as Exhibit
"A" and made a part of this Agreement; and, the CITY shall execute a
Bill of Sale Absolute for transfer of title to the COUNTY, and shall
transfer possession of these materials, supplies and equipment.
5. ' • TRANSFER OF OWNERSHIP OF TRAFFIC CONTROL DEVICES.
The CITY transfers ownership to the COUNTY of all traffic control
devices presently installed within and owned by the CITY; and, the
CITY shall execute a Bill of Sale Absolute for the transfer of title to the
COUNTY of these devices.
6. PAYMENT OF UTILITIES FOR TRAFFIC CONTROL DEVICES.
As part of the assumption of the CITY'S traffic engineering functions,
duties and responsibilities, COUNTY agrees to be responsible for and to
pay utility bills for traffic control devices located within the CITY limits,
but said responsibility shall not include responsibility for utility bills for
street lights.
7. ASSIGNMENT OF CITY'S OUTSTANDING AGREEMENTS.
The CITY hereby assigns to the COUNTY all the rights and duties of
existing outstanding agreements of the CITY Traffic Engineering func-
tion, and the COUNTY hereby assumes all performance required by the
CITY in said contracts, a list of which is attached to this Agreement as
Exhibit "B", and made a part hereof. No Agreement shall be assumed
which is not enumerated in Exhibit "B".
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8. COUNTY TO PROVIDE NECESSARY FINANCIAL SUPPORT
UNDER AGREEMENT.
The COUNTY agrees to provide in its annual budget the financial support
necessary for the purposes set forth in this Agreement.
9. APPLICATION FOR STATE AND FEDERAL GRANTS BY COUNTY.
The CITY agrees to allow the COUNTY to apply for and accept any State
or Federal grants, loans, or other programs, which may become available
to the COUNTY by virtue of the transfer of this function from the CITY
to the COUNTY.
10. CITY ORDINANCES TO CONFORM TO AGREEMENT.
The CITY agrees to make whatever changes to its code of ordinances
that are necessary to fully implement the provisions of this Agreement.
11. REASONABLE REQUESTS OF CITY.
The COUNTY and the Traffic Engineering Division of COUNTY agree to
accede to and to implement all reasonable written requests of CITY
promulgated by either the CITY Manager of CITY or by Resolution of
the CITY Commission of CITY for the installation, retention, or removal
of traffic control devices within the CITY, and further agree to accede
to and to implement all reasonable requests of the CITY with regard to
any of the duties and functions specified in paragraph I above, so long
as such requests accord with the manual and specificaitons of the State
Department of Transportation and commonly accepted standards of traffic
engineering. No request of CITY as set forth herein shall alter or
affect the provisions of paragraph 13 below.
12. INDEMNIFICATION.
COUNTY shall indemnify, hold harmless and defend CITY for all claims
and damages incurred as a result of work performed by COUNTY, its
agents or employees pursuant to the terms of this Agreement to the
extent allowed by law. It is specifically understood and agreed that
COUNTY does not indemnify CITY for the negligent acts or omissions of
CITY'S agents or employees or the neglect or omission of CITY to notify
COUNTY promptly when CITY receives notice, or has either actual or
constructive knowledge, of any and all defects, imperfections, malfunc-
tions, or failings of the traffic regulation equipment, signs or signals or
any required repairs, replacement or maintenance of the traffic regula-
tion equipment, signs or signals provided under the terms of this Agree-
ment.
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13. CANCELLATION.
This Agreement may be cancelled by CITY or COUNTY upon formal
written notice given at least ninety (90) days prior to the
next succeeding October 1st and said October 1st shall be the
effective date of such cancellation. On or before the effec-
tive date of such cancellation, the COUNTY shall transfer to
the CITY an inventory comparable to that described in para-
graphs 5 and 6 hereinbove and the exhibits related thereto, or
at the option of the CITY will make a lump sum payment to the
CITY in an amount equal to the value of the above -referenced
inventory as of the date the lump sum payment is to be made.
14. AMENDMENTS.
If COUNTY amends any traffic engineering agreement that it has
with any other municipality in the COUNTY, then CITY shall
have the option of adding said amendment to this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the respective dates under each signa-
ture: 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�A,,", and
CITY OF TAMARAC J. signin by and through its Ma or
duly authorized to execute same..
COUNTY
UAT BROWARD COUNTY, through its
BOARD OF COUNTY CO ISSIONERS
nns r an x-
Officio Clerk of the Board of By
County Commissioners of I s Chairman
Broward County, Florida c7
day of 19d
Approved as to form and legality
by Office of General Counsel
for Broward County, Florida
HARRY A. STEWART, General Counsel
Room 248, Courthouse
Fort Lauderdale, Florida 33301
By
Assistant Genera Counsel
WITNESS:
Manag
- 1
City C1e
TRAFFIC ENGINEERING AGREEMENT
day'
of , 19 .
Approved as to Farm and
Legality: ��
RAF: tab
A140-E
2/28/83
1183-171
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