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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-291Temp. Reso. # 7.2.M Revised 12/06/95 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95- C29 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A "TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT" WITH THE CITY OF LAUDERHILL FOR THE NORTHWEST 44TH STREET 12" WATER MAIN REQUIRED FOR INSTALLING, MAINTAINING AND OPERATING WATER AND SEWER UTILITIES AND INFRASTRUCTURES; THE EASEMENTS ARE LOCATED ON A PORTION OF THE NORTH SIDE OF NORTHWEST 44TH STREET BETWEEN NORTHWEST 64TH AVENUE AND ROCK ISLAND ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a portion of Northwest 44th Street right-of-way between Northwest 64th Avenue and Rock Island Road is currently located in the City of Tamarac (shown in map form as "Exhibit 1"); and WHEREAS, the City of Tamarac owns and maintains a 12" water main within that portion of Northwest 44th Street right-of-way and proposes to extend the water main to Northwest 64th Avenue; and WHEREAS, the City of Lauderhill desires to make improvements to Northwest 44th Street which will directly benefit the residents of the City of Lauderhill; and WHEREAS, the City of Lauderhill has expressed an interest in having the entire right-of-way of Northwest 44th Street within the City of Lauderhill; and 1 Temp. Reso. # Z2M Revised 12/06/95 WHEREAS, the City of Lauderhill wishes to place a Special Act before the Broward County Legislative Delegation for Tamarac to deannex said right-of-way and Lauderhill to annex same; and WHEREAS, the City of Tamarac requires that it retain exclusive easement rights to its existing and proposed utilities location within a portion of the right-of-way of Northwest 44th Street between Northwest 64th Avenue and Rock Island Road; and WHEREAS, the parties agree that upon the deannexation and annexation of said right-of-way, Tamarac will retain its easement rights to its utilities through this agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to execute a Tamarac Utilities West Water and Sewer Utility Easement with the City of Lauderhill for the 44th Street 12" Water Main Project required for the maintenance and expansion of utilities in a portion of the 44th Street right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific park of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to accept and execute a "Tamarac Utilities West Water and Sewer Utility Easement" with the City of Lauderhill for the Northwest 44th Street 12" Water Main Project (attached hereto as 2 1 Temp. Reso. # 7275 Revised 12/06/95 "Exhibit 2") to allow legal access by City Utility Personnel in performing their duties, including utility installation, maintenance and operation. That the City Clerk is hereby authorized and directed to record said Agreement in the public records of Broward County. SECTION -A: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION_5: 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 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13 day of De. -C-fA &Zr , 1995. ATTEST: azn CAROL A. EVANS City Clerk N�� �Mayor I HEREBY CERTIFY t I have pp ov d this RES UTION as to form. MAYOR DIST. 1: DIST. 2: MI HELLS. K FT DIST. 3: City Attorney DIST. 4: K RECORD OF COMMISSION VOTE