HomeMy WebLinkAboutCity of Tamarac Resolution R-99-1871
Temp. Reso. # 8695
Page 1
July 7, 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
CONSTRUCTION AND EXPANSION OF PARKING SPACES
WITHIN THE PUBLIC RIGHTS -OF -WAY ON NW 72ND
STREET AND NW 72ND MANOR TO MEET THE
HANDICAPPED SPACE REQUIREMENTS PER AMERICANS
WITH DISABILITIES ACT SUBJECT TO THE NEGOTIATION
AND EXECUTION OF A HOLD HARMLESS AGREEMENT
WITH WESTWOOD COMMUNITY #3 HOMEOWNERS
ASSOCIATION, INC. FOR THE USE OF PUBLIC RIGHTS -
OF -WAY ON N.W. 72ND STREET AND N.W. 72ND MANOR
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Westwood Community #3 Homeowners Association, managing
authority of the Westwood Three Clubhouse, desires to construct and expand parking
spaces within the public rights -of -way of N.W. 72"1 Street and N.W. 72ND Manor; and
WHEREAS, the construction and expansion of parking spaces is required to meet
the handicapped space requirements per American with Disabilities Act (ADA); and
WHEREAS, the Westwood Community #3 Homeowners Association, Inc. requests
the use of public rights -of -way on N.W. 72"d Street and N.W. 72nd Manor to meet the ADA
requirements; and
Temp. Reso. # 8695
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July 7, 1999
WHEREAS, the Westwood Community #3 Homeowners Association, Inc. has
offered to enter into a Hold Harmless Agreement with the City of Tamarac for the use of
public rights -of -way on N.W. 72nd Street and N.W. 72nd Manor; and
WHEREAS, the Westwood Community #3 Homeowners Association, Inc., upon
execution of a Hold Harmless Agreement, shall hold the City harmless from any use or
obligation or expenses incurred by the City's use of the said rights -of -way resulting in the
destruction and/or removal of said existing and/or future parking spaces and/or structures;
and
WHEREAS, cost of said construction and expansion of parking spaces will be less
than $10,000; and
WHEREAS, said expenses will be incurred by the Westwood Community #3
Homeowners Association, Inc. and at no cost to the City; and
WHEREAS, the Director of Public Works and Director of Community Development
recommend the use of said public rights -of -way by the Westwood Community #3
Homeowners Association, Inc. subject to execution of a Hold Harmless Agreement by the
Westwood Community #3 Homeowners Association, Inc.; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens of Tamarac to authorize the use of public rights -of -way on
N.W. 72nd Street and N.W. 72n1 Manor by the Westwood Community #3 Homeowners
Association, Inc. subject to execution of a Hold Harmless Agreement by the Westwood
Community #3 Homeowners Association, Inc.
Temp. Reso. # 8695
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July 7, 1999
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
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 construction and expansion of parking spaces to meet the
handicapped space requirements per Americans with Disabilities Act within the rights -of -
way of N.W. 72"d Street and N.W. 72"d Manor is HEREBY approved subject to execution
of a Hold Harmless Agreement by the Westwood Community #3 Homeowners Association,
Inc.
SECTION 3: The appropriate City officials are HEREBY authorized to negotiate
and execute a Hold Harmless Agreement with the Westwood Community #3
Homeowners Association, Inc. for the use of public rights -of -way on N.W. 72"d Street
and N.W. 72"d Manor,
SECTION 4: The City Clerk is HEREBY authorized and directed to record
said agreement in the public records of Broward County.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
HEREBY repealed to the extent of such conflict.
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Temp. Reso. # 8695
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July 7, 1999
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 of
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
passage and adoption.
PASSED, ADOPTED AND APPROVED this An- day of , 1999.
ATTEST:
CAROL GOO, CMC/AAE
CITY CLERK
I HERBY CERTIFY that I have
this RESOLUMON as
CHELL
CITY ATTORNEY
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