HomeMy WebLinkAboutCity of Tamarac Resolution R-98-372Temp. Reso. #8487
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December 15, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98 -.9 11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ENTER INTO A
TRAFFICWAYS BEAUTIFICATION AGREEMENT WITH
BROWARD COUNTY PERTAINING TO THE MAINTENANCE
OF MEDIANS ON PINE ISLAND ROAD BETWEEN MCNAB
ROAD AND COMMERCIAL BOULEVARD; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Pine Island Road between McNab Road and Commercial Boulevard
is classified as a Broward County Minor Arterial and;
WHEREAS, the City Commission of the City of Tamarac has expressed the desire
to enhance the median strips on Pine Island Road between McNab Road and Commercial
Boulevard with landscaping and irrigation; and
WHEREAS, the City of Tamarac is already maintaining the said section of Pine
Island Road at its own expense; and
WHEREAS, Broward County requires that the City of Tamarac enter into a formal
Trafficways Beautification Agreement for the said section of Pine Island Road prior to the
City installing new landscaping and irrigation; and
WHEREAS, the Public Works Director recommends approval of the Trafficways
Beautification Agreement; and
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Temp, Reso. #8487
Page 2
December 15, 1998
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interests of the of the citizens and residents of the City of Tamarac to enter into a
Trafficways Beautification Agreement with Broward County for said section of Pine Island
Road.
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: That the appropriate City officials are HEREBY authorized to sign the
Agreement with Broward County, attached hereto as Exhibit 1.
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repealed to the extent of such conflict.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 adoption.
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Temp. Reso. #8487
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December 15, 1998
PASSED, ADOPTED AND APPROVED this a..3 n � day of ke�� 998.
E SCHREIBER
AYOR
ATTEST: Approved as to form and sufficiency:
CAROL GOI4 , CMC/AAE $MICHELL &SKRA
CITY CLERK CITY ATTORNEY
RECORD OF COMMISSION
MAYOR SCHREIBER c
DIST 1:
COMM. McKAYE
DIST 2:
WM MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
f"���'� + Public Works Department
Engineering Division
115 S. Andrews Avenue, Room 321
6 Fort Lauderdale, FL 33301
• ld� `
BROWARD COUNTY (954) 357-6222 • FAX (954) 357-6983
E
LETTER OF TRANSMITTAL
.wa
r� AS,
.� r •
D• ''
ATTENTION: LAM 86EKWAI
1
.i= A _ r I� S J1r
We are sending you: ✓ For approval _ Returned for corrections
_ For your use _ Approved as noted
_ As requested _
For review and comment
COPIES DATE NO DESCRIPTION
REMARKS:
COPY TO:
Stuart H. Bussian, RL4
(954)357-6543
Facsimile: (954) 357-6983
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal Opportunity Employer and Provider of Services
Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Ilene Lieberman Lori Nance Parrish Sylvia Poitier John E. Rodstrom, Jr.
World Wide Web: hnp://www.co.broward.fl.us
•
AGREEMENT
Between
BROWARD COUNn
and
CITY OF TAMARAC
for
TRAFFICWAYS BEAUTIFICATION
FOR PINE ISLAND ROAD FROM APPROXIMATELY 1500 FEET
NORTH OF QQMMERCIAL BOULEVARD TO MCNAB ROAD
. AGREEMENT
Between
BROWARD CQ!JNTY
and
CITY OF TAMARAC
for
TRAFFICWAYS BEAUTIFICATION
FOR PINE ISLAND ROAD FROM APPROXIMATELY 1500 FEET
NORTH OF COMMERQ18L BOULEVARD „TO MCNAB ROAD
This is an Agreement made and entered into by and between BROWARD COUNTY,
a political subdivision of the state of Florida, its successors and assigns, hereinafter
referred to as "COUNTY," through its Board of County Commissioners,
AND
• CITY OF TAMARAC, a municipal corporation located in Broward Count P P Y, Florida,
and organized and existing under the laws of the state of Florida, its successors and
assigns, hereinafter referred to as "MUNICIPALITY."
WITNESSETH:
WHEREAS, Pine Island Road, from approximately 1500 feet north of Commercial
Boulevard to McNab Road, is a public trafficway (hereinafter referred to as the
'Trafficway") located within the municipal boundaries of MUNICIPALITY; and
WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY
to beautify the Trafficway by landscaping, irrigation and paver blocks; and
WHEREAS,MUNICIPALITY, by resolution of its governing body adopted on the
23 day of 19qL_, has approved joint beautification of the
Trafficway with COUNTY pursuant to the terms of this Agreement and has authorized the
appropriate officers of MUNICIPALITY to execute this Agreement; and
WHEREAS COUNTY, by action of its Board of County Commissioners on the
o23 day of � _ _ , 19_q_L, has approved the joint
. beautification of the Trafficway with MUNICIPALITY and has authorized the appropriate
COUNTY officers to execute this Agreement; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows:
1. COUNTY and MUNICIPALITY shall participate in the beautification of the Trafficway
in the manner set forth in this Agreement.
2. MUNICIPALITY shall perform the following:
(a) Prepare or cause to be prepared plans and specifications for the
beautification of the Trafficway. Such plans and specifications shall be
reviewed and approved by the Director of COUNTY'S Public Works
Department (hereinafter referred to as the "Director") and a representative.
of MUNICIPALITY.
(b) In accordance with the approved design plans and specifications, landscape
the Trafficway by installing along the Trafficway: vegetation, which may
include, but is not limited to, plants, trees, shrubberies and grassed areas
(sodded and/or seeded); and other non -vegetative items; and installing
irrigation systems compatible with the installed vegetation.
3. MUNICIPALITY shall maintain all vegetation, as listed in Section 2(b) above,
• located within the right-of-way; all non -vegetative items, such as pavers, installed
for beautification or reduced maintenance, including grassed and/or landscaped
stormwater impoundment facilities (detention ponds); and irrigation system installed
by MUNICIPALITY along the Trafficway as follows:
(a) MUNICIPALITY shall properly fertilize all vegetation; keep all vegetation as
free from disease and harmful insects as practicable; properly mulch the
vegetation beds, keeping them free from weeds; periodically cut the grass
in order to maintain a neat and proper appearance; prune all plants so as to
remove all dead or diseased parts of plants and all parts of plants which
present a visual hazard or physical obstacle to the use of the Trafficway;
remove and replace all vegetation which is dead or diseased or which
otherwise falls below the initial level of beautification of the Trafficway, such
replacement to be accomplished by the use of plants of the same grade as
specified in the original approved plans and specifications and the same size
as those existing at the time of replacement; keep litter removed from the
Trafficway; and maintain irrigation parts in working order according to the
original approved plans and specifications, including the maintenance and
replacement of pumps, pipes, and sprinkler heads.
CAF#120
Rev. 6/21 /95
50A
0(b) MUNICIPALITY shall pay all utility charges relating to the operation of the
irrigation systems used in the beautification of the Trafficway.
(c) MUNICIPALITY shall authorize commencement of service to, and billing for,
electric and water service.
4. If at any time subsequent to COUNTY'S installation of vegetation and irrigation
systems along the Trafficway it is determined by the Director that MUNICIPALITY
is not maintaining the beautified Trafficway pursuant to the terms of this Agreement,
the Director shall notify MUNICIPALITY in writing of such deficient maintenance.
If MUNICIPALITY does not correct and improve such deficient maintenance within
thirty (30) days of receipt of the Director's written notice, COUNTY, at the option of
the Director, may cause such deficiencies to be corrected and improved and bill
MUNICIPALITY for the costs of such correction and improvement. MUNICIPALITY
shall then remit to COUNTY the amount so billed within thirty (30) days of
MUNICIPALITY'S receipt thereof. If MUNICIPALITY requests a meeting with the
Director, however, COUNTY may correct and improve any deficiencies but shall not
bill MUNICIPALITY without the written consent of MUNICIPALITY.
5. Both COUNTY and MUNICIPALITY, which are state agencies or subdivisions, as
defined in Section 768.28, Florida Statutes, agree to be fully responsible for acts of
• negligence of their respective agents or employees when acting within the scope
of their employment or agency, and agree to be liable for any damages resulting
from said negligence. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity may be applicable. Nothing
herein shall be construed as consent by a state agency or political subdivision of the
state of Florida to be sued by third parties in any matter arising out of any contract.
Any claim, objection or dispute arising out of the terms of this contract shall be
litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida.
6. Subject to the provisions of paragraph 4 above, the Director shall decide all
questions, difficulties, and disputes of any nature which may arise under or by
reason of the beautification of the Trafficway pursuant to the terms of this
Agreement.
7. This Agreement may be terminated for cause by either party upon a thirty (30) day
written notice given by the terminating party to the other party.
8. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreements that is not
• CAF#120
Rev. 6/21/95
-3-
0
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity hereto.
9. This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida.
10. The parties agree that the road shall remain classified as a COUNTY road.
CAM 20
Rev. 6/21 /95
REMAINDER OF PAGE HAS BEEN LEFT BLANK INTENTIONALLY
ME
IN WITNESS WHEREOF, the parties hereto 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 Chair or Vice
Chair, authorized to execute same by Board action on the day of
, 19 , and CITY OF TAMARAC, signing by and through its
duly authorized to execute same.
ATTEST:
MU TY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-Officio
Clerk of the Board of County By
Commissioners of Broward County,
Florida
•
• CAF#12o
Rev. 6/21/95
-5-
Chair
day of ,19
Approved as to form by
Office of County Attorney
Broward County, Florida
RUSSELL J. MORRISON, Interim County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
A
DAPHNE E. JONES
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR JOINT
FUNDING OF TRAFFICWAYS BEAUTIFICATION FOR PINE ISLAND ROAD FROM
APPROXIMATELY 1500 FEET NORTH OF COMMERCIAL BOULEVARD TO MCNAB
ROAD
WITNESSES:
A EST:
City Clerk
(CORPORATE SEAL)
DEJ:sc
12/1 /98
#98-088.05
tamarac3.bea
CAF#120
Rev. 6121 /95
CITY
Id
CITY OF TAMARAC
By ZL:t ��_Z
Mayor -Commissioner
day of , 19�.
City Manager
day of , 1gq