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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-052 TR 13294 January 9, 2019 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION R-2019 - 301 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, SUPPORTING THE METROPOLITAN PLANNING ORGANIZATION'S PROJECT TO ENHANCE BICYCLE AND PEDESTRIAN CONNECTIVITY ALONG PROSPECT ROAD WITHIN COUNTY RIGHT OF WAY, FROM SR- 7/US-441 TO COMMERCIAL BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (hereinafter FDOT) is authorized to undertake a project known as W Prospect Road Mobility Improvements and identified as FM# 429576-4, a portion of which is within the City of Tamarac's geographical limits; and WHEREAS, pursuant to said project, FDOT agrees to provide enhanced transit passenger, bicycle and pedestrian experience, through mobility and safety improvements along Prospect Road from SR-7 to Commercial Boulevard, which project limits includes the City of North Lauderdale and the City of Tamarac, within County right of way; and WHEREAS, the City of Tamarac's portion of the project lies within Broward County right of way, on Prospect Road, from NW 31 Avenue to Commercial Boulevard within the City of Tamarac; and WHEREAS, the City of Tamarac desires to have the mobility and safety improvements installed by FDOT; and WHEREAS, the City of Tamarac is willing to maintain said improvements within City right of way after installation; and WHEREAS, it is in the best interests of the City of Tamarac to approve and TR13294 January 9, 2019 Page 2 of 4 authorize an agreement to establish the mutual rights and obligations of the City and FDOT with respect to the installation and maintenance of the mobility and safety improvements pursuant to this project; and WHEREAS, the project is on the Metropolitan Planning Organization (MPO) priority list; and WHEREAS, since this is an Off-State Highway System Project, FDOT will not provide maintenance for the project segment after construction is completed, thus requiring a Maintenance Agreement to establish the County as the maintaining agency for the segment;and WHEREAS, pursuant to such authority, FDOT and the City of Tamarac are desirous of having FDOT construct mobility and safety improvements, more particularly described as FM# 429576-4; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and 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; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission hereby requests FDOT to develop plans TR13294 January 9, 2019 Page 3 of 4 to construct the mobility and safety improvements along Prospect Road, from NW 31 Avenue to Commercial Boulevard, within the City of Tamarac to enhance transit passenger, bicycle and pedestrian experience, through mobilityand safety improvements. SECTION 3: It is the intent of the City of Tamarac to take over the maintenance of the Prospect Road mobility and safety improvements along Prospect Road, from NW 31st Avenue to Commercial Boulevard. SECTION 4: The City Clerk is directed to provide a copy of this Resolution to FDOT. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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 in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its adoption. TR13294 January 9, 2019 Page 4 of 4 PASSED, ADOPTED AND APPROVED this 6 day of 2019. MICHELLE J. GOMEZ, MAYOR ATTEST: PATRICIA TEUFEL, CMf CITY CLERK �V/ RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. F I S H MA N G '°^��.z-rd ' DIST 4: V/M PLACKO th__ I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM , )1, j V79k SAMUEL S. GOR CITY ATTORNEY`