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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-077Temp. Reso. #5560 CITY OF TAAIARAC, FLORIDA RESOLUTION NO. R-90 - = A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD COUNTY PERTAINING TO TRAFFICWAYS ILLUMINATION ON ROCK ISLAND ROAD FROM COMMERCIAL BOULEVARD TO N.W. 44TH STREET; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement with Broward County pertaining to trafficways illumination on Rock Island Road from Commercial. Boulevard to N.W. 44th Street, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this day of, 19 90. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form �_..._R INTERIM CITY TTORNEY 33 34 35 NORMAN ABRAMOWITZ MAYOR v RECORD OF COUNCIL VOTE tw�r� ..r..�.�►��a owl _ DISTRICT L N _.. /7. 11 AGREEMENT OR TRAFFICWAX9 ILIMINATION Between BROWARD„COUNTY and CITY OF TAMARAC for ROCK ISLAND ROAD FROM COMMERCIAL BOULEVARD--,TO-NDRTHWEST 44 STREET PROJECT NO. 5077 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 County, Florida, and organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "MUNICIPALITY." W I T N E S S E T H: WHEREAS, Rock Island Road from Commercial Boulevard to Northwest 44 Street 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 illuminate the trafficway by installation and maintenance of lighting systems; and WHEREAS, MUNICIPALITY by resolution of its governing body adopted on the ;-&- day of , 19 90 , has approved joint illumination of the trrAIficway with COUNTY pursuant to the terms of this Agreement and has authorized the appropriate officers of MUNICIPALITY to execute this Agreement; and CAF#119 Rev. 5/8/89 CDC WHEREAS, COUNTY, by action of its Board of County Commissioners on the day of 19 , has likewise approved the 33nt illumination 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: i. COUNTY and MUNICIPALITY shall` participate in the illumination of the trafficway in the manner set forth in this.Agreement. 2. COUNTY shall perform the following: (a) Prepare or cause to be prepared sodium vapor design plans and specifications for the illumination 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 and shall substantially conform to the Standard Specifications for Highway Lighting established by the Florida Department of Transpor- tation. (b) In accordance with the approved design plans and specifications, install a lighting system along the trafficway. The lighting system so installed shall remain the property of COUNTY after installa- tion and shall not be moved or relocated without the express written consent of the Director. 3. MUNICIPALITY shall perform the following: (a) Pay all electrical energy charges relating to the operation of the lighting system used in the illumination of the trafficway. (b) If the length of the trafficway or any portion of such length is coterminous with the jurisdictional boundaries of MUNICIPALITY, MUNICIPALITY shall pay the utility charges for a number of street lights based on MUNICIPALITY'S frontage along the referenced trafficway. CAF#119 Rev. 5/8/89 -2- 11 • (c) Maintain the lighting system along the trafficway in accordance with the approved design plans and specifications and in substantial conformance with the Standard Specifications for Highway Lighting adopted by the Florida Department of Transpor- tation. As part of such maintenance responsibility, MUNICIPALITY shall keep in good ting repair and replace defective or worn out ligh system parts and equipment. 4. As a material consideration for COONTY'S entry into this Agreement, to the extent permitted by law, MUNICIPALITY agrees to indemnify, defend, save and hold harmless COUNTY, its officers, agents, employees and the Board of County Commissioners from all claims, demands, liabilities and suits of any nature arising out of, because of, or due to the breach of this Agreement by MUNICIPALITY, its agents, contractors or employees, or due to any act, occurrence or omission to act by MUNICIPALITY, its agents, contractors or employees. ty I f or 5. This installationnt anddoes m maintenance of traffic control l �nsta signals and devices along the trafficway. 6. The Director shall decide all questions, difficulties and disputes of any nature which may arise under orby reason of the illumination of the trafficway(s) pursuant to the terms of this Agreement. 7. This Agreement may be terminated for cause by either party upon thirty (30) days written notice given by the terminating party to the other party. 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 Chairman, authorized to execute same by Board action on the tday of and CITY OF - ya,� duly TAMARACs gn n� g by and through its - authorized to execute same. CAF#119 Rev. 5/8/69 -3- AGREEMENT FOR TRAFFICWAYS ILLUMINATION BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC, PROJECT NO. 5077. 1 0 COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the By Board of County NICKI E. GROSSMAN, Chairman Commissioners of Broward County, Florida day of 19 Approved as to form by Office of County Attorney _ Broward County, Florida JOHN J. COPELhN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-•7641 CAF#119 Rev. 5/8/89 By ANDREA KARNS HOFFMAN Assistant County Attorney -4- 0 AGREEMENT FOR TRAFFICWAYS ILLUMINATION BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC, PROJECT NO. 5077. WITNESSES: 42 ATTEST: 114 City Clerk (CORPORATE SEAL) CAF1119 Rev. 5/8/89 CITY CITY OF TAMARAC day of r .► Ci an qer day of 19 APPROVED AS TO By Ci Attorney -5-