HomeMy WebLinkAboutCity of Tamarac Resolution R-93-077I
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93--_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ENTER INTO AN
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY
OF TAMARAC, RELATING TO THE DISBURSEMENT OF
$36,135.00 FROM THE BROWARD COUNTY TREE TRUST
PRESERVATION ACCOUNT FOR THE WOODMONT
STREETSCAPE 70TH STREET PROJECT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City Council of the City of Tamarac, Florida
deems it to be in the best interests of the citizens and residents
of the City of Tamarac and has prepared a joint grant application
with the Woodmont Property Owners Association for the
beautification of 70th Street; and
WHEREAS, the Woodmont Property Owners Association has
committed $35,000 to curb, and irrigate 70th Street; and
WHEREAS, the City of Tamarac has submitted a grant
application for $35,000 to the Broward County Tree Preservation
Trust Committee to install trees as part of the Woodmont
Streetscape - 70th Street Project; and
WHEREAS, on June 4, 1993, the Broward County Tree
Preservation Trust Committee reviewed the grant application and
plans submitted by the City and approved grant funding in the
amount of $36,135.00; and
WHEREAS, the City and the County wish to enter into an
Agreement to govern the disbursement of grant monies to construct
the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
EECTIOU 1: That the foregoing "WHEREAS" clauses are
hereby ratified and confirmed as being true and correct and are
hereby made a specific part of this Resolution.
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Temp. Reso. # L'so �
2EC11ON 2: That the appropriate City Officials are hereby
authorized to execute the attached referenced Agreement, herein
identified as Exhibit "1".
SECTION 3: All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
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.
This Resolution shall become effective
immediately upon its passage and adoption. \\,,
PASSED, ADOPTED AND APPROVED this 5c�ay of XLA-71--k— , 1993.
H.L. BENDER
MAYOR
ATTEST: —
DATRIICIA 1MRCURIO
ACTING CITY CLERK
RECORD OF COUNCIL
MAYOR R
I HEREBY CERTIFY that I DIST 1:
have approved this DIST.2: �P� MANN
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CITY ATT
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AGREEMENT
Between
OWARD COUNTY
and
CITY-OFAMA C
Relating to
DISBURSEMENT OF CERTAIN FUNDS FROM THE
BROWARD COUNTY TREE PRESERVATION TRUST ACCOUNT
FOR THE-WOODMONT SIRE SCAPE - 70TH-STREET PROD CT
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AGREEMENT
Between
BROWARD COUNTY
and
CI OF TAMARAC
Relating to
DISBURSEMENT OF CERTAIN FUNDS FROM THE
BROWARD COUNTY TREE PRESERVATION TRUST ACCOUNT
Fog THE WOODMONT-STRgETSCAPE -_70TH STREET PRQaECT
This is an Agreement between: BROWARD COUNTY, a political
subdivision of the state of Florida, its successors and assigns,
hereinafter referred to as "COUNTY,"
AND
CITY OF TAMARAC, a Florida municipal corporation, its
successors and assigns, hereinafter referred to as "CITY."
W I T N E S S E T H:
WHEREAS, Chapter 33 �, Broward County Code of Ordinances,
established the Broward County Tree Preservation Trust Account for
deposit of funds paid in lieu of the planting of trees displaced by
development within Broward County; and
WHEREAS, the Broward County Board of County Commissioners
established the Broward County Tree Preservation Trust Account
Committee for the purpose of considering proposed plans and making
appropriate recommendations for the expenditure of Tree
Preservation Trust Account monies; and
WHEREAS, the CITY has submitted an application for
disbursement of Thirty Six Thousand One Hundred Thirty --Five Dollars
($36,135.00) from the Broward County Tree Preservation Trust
Account for the purpose of the installation of trees as part of the
Woodmont Streetscape - 70th Street Project ("Project") within the
CITY in conjunction with the Woodmont Property Owners Association,
which Association raised the sum of approximately Thirty -Five
Thousand Dollars ($35,000.00) to finance the Project; and
WHEREAS, on June 4, 1993, the Broward County Tree Preservation
Trust Committee reviewed the plans submitted by the CITY and
unanimously approved the plans and request; and
WHEREAS, the COUNTY and CITY wish to enter into an agreement
to govern the disbursement of monies to finance the approved
Project; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms and conditions, promises.
and covenants hereinafter set forth, COUNTY and CITY agree as
follows:
I. The foregoing recitals are true and correct.
2. The COUNTY agrees to disburse to the CITY the sum of Thirty--
six Thousand One Hundred Thirty -Five Dollars ($36,135.00) from
the Tree Preservation Trust Account Funds.
3. The CITY agrees that the approved monies shall only be used to
finance the proposed Project as outlined in the CITY'S
applications and plans. A copy of the CITY'S site plan for
the proposed Project is attached as Exhibit "A."
4. The CITY agrees to do the following:
(a) Submit to the Tree Preservation Trust Fund Committee
documentation of the CITY'S disbursal of the funds
provided under this Agreement for the approved Project
within sixty (60) days of disbursal.
(b) Return any unused funds to the Tree Preservation Trust
Account within twelve (12) months of the date of this
Agreement.
(c) Maintain books, records and documents in accordance with
accounting procedures and practices which sufficiently
and properly reflect all expenditures of funds provided
by COUNTY under this Agreement.
(d) Assure that these records shall be subject to inspection,
review or audit at local level by duly authorized COUNTY
personnel.
(e) Retain all financial records, supporting documents;
statistical records, and any other documents pertinent to
this Agreement for a period of three (3) years after
termination of this Agreement, or if an audit has been
initiated and audit findings have not been resolved at
the end of three (3) years, the records shall be retained
until resolution of the audit findings.
5. The CITY agrees to assume sole responsibility for the
management and maintenance of the trees at the Project as
identified in the site plan attached hereto as Exhibit "A."
6. CITY and COUNTY agree that CITY will notify COUNTY, in
writing, within thirty (30) days after completion of the
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Project, and COUNTY shall perform a final inspection of - the
Project to ensure that the installation conforms to the site
plan attached hereto as Exhibit "A," and with the intent of
the Tree Preservation Ordinance-, Chapter 33k. §§ 33k-1 through
33k-12, Broward County Code of Ordinances.
7. Whenever either party desires to give notice to the other, it
must be given by written notice, sent by registered or
certified United states mail, return receipt requested,
addressed to the party for whom it is intended, at the place
last specified and the place for giving notice shall remain
the same until changed by written notice in compliance with
the provisions of this paragraph. For the present,, the
parties designate the following as the respective places for
giving notice, to wit:
TO BROWAD COUNTY
County Administrator, Broward County
Governmental Center
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
TO TAMARAC_:_
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321--2401
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AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMAR.AC RELATING
TO DISBURSEMENT OF CERTAIN FUNDS FROM THE BROWARD COUNTY TREE
PRESERVATION TRUST ACCOUNT FOR THE WOODMONT STREETSCAPE - 70TH
STREET PROJECT
IN WITNESS WHEREOF, the parties 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 Chairman or Vice Chairman,
authorized to execute same by Soard action on the day of
a, 19 , and the CITY OF TAMAR.AC, signing by and
through its Mayor -Commissioner and City Manager, duly
authorized to execute same.
COUNT'
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and By
Ex-Officio Clerk of the Chairman
Board of County Commissioners
of Broward County, Florida
day of 19
Approved as to form by
Office of County Attorney
Broward County; Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
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Assistant County Attorney
41 f �.3 , 1'
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AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC RELATING
TO DISBURSEMENT OF CERTAIN FUNDS FROM THE BROWARD COUNTY TREE
PRESERVATION TRUST ACCOUNT FOR THE WOODMONT STREETSCAPE - 70TH
STREET PROJECT
WITNESSES:
ATTEST:
CAROL A. EVANS City clerk
(CORPORATE SEAL)
6/30/93
j:\data\div2\bsm\tamarac.a03
#91-297
CITY
CITY OF TAMARAC
By
yor-Comm ssioner
7 H. L. BENDER
day of 19
F7y manager
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EXHIBIT A
Exhibit "A" is to large to attach and will be on file in the
City Clerk's office.
Exhibit "A" is a conceptual landscape plan of Woodmont
Streetscape - NW 70th Street Medians, prepared by Kimberly
Moyer, Landscape Architect and consists of 8 pages.
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