HomeMy WebLinkAboutCity of Tamarac Resolution R-92-1571
Temp. Reso. # 345
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92- �,,57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY
OF TAMARAC RELATING TO DISBURSEMENT OF FUNDS
IN THE AMOUNT OF THIRTY-NINE THOUSAND SIX
HUNDRED THIRTY-FOUR DOLLARS ($39,634.00) FROM
THE BROWARD COUNTY TREE PRESERVATION TRUST
ACCOUNT FOR MEDIAN INSTALLATION AND WORK AND
ACCEPTANCE OF RESPONSIBILITY INCLUDING
MAINTENANCE ON NOB HILL ROAD FROM THE 6000
BLOCK OF NOB HILL ROAD TO COMMERCIAL
BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Assistant City Manager Dina McDermott prepared a
grant application to beautify Nob Hill Road Median from the 6000
block of Nob Hill Road to Commercial Boulevard; and
WHEREAS, the grant application was submitted and presented to
the Broward County Tree Trust Preservation Grants Committ.ee on
June 8, 1992 and July 13, 1992; and
WHEREAS, the Broward County Tree Trust Preservation Grants
Committee accepted and approved this grant application and funding
in the amount of Thirty -Nine Thousand Six Hundred Thirty -Four
Dollars ($39,634.00); and
WHEREAS, the City of Tamarac passed Resolution No. 92-87 and
has committed funding -in the amount of Forty Thousand Dollars
($40,000.00) to fully irrigate and curb this median area according
to Broward County specifications; and
WHEREAS, the City of Tamarac is required to enter into an
Agreement that governs the disbursement of grant funds to finance
the approved project; and
WHEREAS, the City of Tamarac is required to assume sole
responsibility for the installation, management and maintenance of
the trees on Nob Hill Road median strip from the 6000 block to
Commercial Boulevard; and
WHEREAS, the Tamarac City Council hereby agrees that this
project will benefit the residents of the City of Tamarac.
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Temp. Reso. #045
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 City Council of the City of Tamarac
authorizes additional grant funds for the City's match in the
amount of Five Thousand One Hundred Nineteen Dollars ($5,119.00).
SECTION 3: That the administration of the City of Tamarac
is hereby authorized to execute the attached Agreement (a copy of
which is attached hereto and made a part hereof as Exhibit "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 ap_� day Of , 1992.
H.L. BENDER
MAYOR
AT EST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
OL ION as' t o IF rmV
MITC L S. K
CITY ATTORNE
(TreePreserv.ms)
RECORD OP COUNCIL VOTE
MAYOR _...SENDER
DISTRICT 1: C/M KAy7
DISTRICT 2: V/M SCtiL)MANN
D'STRICT 3: C/M HREI[3F_.R
DISTRICT 4: C/M ARRAMnwIr-7
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AGREEMENT
Between
SROWARD COUNTY
and
CITY OF TAMARAC
Relating to
DISBURSEMENT OF CERTAIN FUNDS FROM THE
BROWARD COUNTY TREE -PRESERVATION COUNTY TREE PRESERVATION TRUST ACCOUNTTRUST ACCOUNT
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AGREEMENT
Between
DRP_WARD COUNTY
and
CITY OF TAMARAC
Relating to
DISBURSEMENT OF CERTAIN FUNDS FROM THE
BROWARD COUNTYOIRMST ACCOUNT
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 k, 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 -Nine Thousand Six Hundred Thirty -Four
Dollars ($39,634.00) from the Broward County Tree Preservation
Trust Account for the purpose of installation of trees and
landscaping in the Nob Hill Road Median Strip from Commercial
Boulevard to the 6000 block of Nob Hill Road; and
WHEREAS, on June 8, 1992 and July 13, 1992, 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:
1. The foregoing recitals are true and correct.
2. The COUNTY agrees to disburse to the CITY the sum of Thirty -
Nine Thousand Six Hundred Thirty -Four Dollars ($39,634.00);
Four Thousand Six Hundred Eighty -Five Dollars ($4,685.00) of
such monies coming from that portion of the Tree Preservation
Trust Account Funds collected within the CITY, and Thirty -Four
Thousand Nine Hundred Forty -Nine Dollars ($34,949.00) from the
unreserved segment of 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 in the Nob Hill Road
Median Strip from Commercial Boulevard to the 6000 block of
-2-
Nob Hill Road, 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
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 331. SS 33J-1 through
33k-12, Sroward County Code of Ordinances.
7. It is understood and agreed that in the event any person, firm
or corporation should sustain damages or claim to have
sustained damages by reason of the transfer of funds
hereunder, or by reason of the CITY 'S use of funds transferred
to CITY hereunder, CITY agrees to indemnify and hold harmless
COUNTY for all costs, losses, expenses and damages to persons
or property, including but not limited to judgments, costs and
attorney's fees arising out of and in connection with the
claim or cause of action, and if called upon by COUNTY, CITY
shall take over and defend COUNTY, in addition to itself, at
no cost and expense to COUNTY. This paragraph shall not be
construed as waiving any defenses, including the defense of
sovereign immunity, of COUNTY or CITY to any action.
8. 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 request 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:
O ROWARD COUNTY
County Administrator, Sroward County
Governmental Center
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
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 TAMARAC RELATING
TO DISBURSEMENT OF CERTAIN FUNDS FROM THE BROWARD COUNTY TREE
PRESERVATION TRUST ACCOUNT
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 Board action on the day of
19 , and the CITY OF TAMARAC, sign n� g by and
through its Mayor -Commissioner and City Manager, duly
authorized to execute same.
COUNTY
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
Barbara S. Monahan
Assistant County Attorney
:XIC
a
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC RELATING
TO DISBURSEMENT OF CERTAIN FUNDS FROM THE BROWARD COUNTY TREE
PRESERVATION TRUST ACCOUNT
CITY
WITNESSES: CITY OF TAMARAC
ATTEST:
aurol 'L vmv t, City Clerk
(CORPORATE SEAL)
s/7/92
j:\data\div2\ham\tamarsc.a01
# 91-297
day of , 19�12—
A( day of
APPROVED AS TO FORM:
Manager
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B r1i
City rney
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