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Home My WebLink AboutCity of Tamarac Resolution R-77-119c I - Proposed by: P/?n TEMP. #786 Introduced by:� _ CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 7 - 11,1 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BROWARD COUNTY FOR TRAFFIC ENGINEERING FUNCTIONS, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Resolution No. 77-44 authorizing Broward County to assume traffic engineering functions within the City of Tamarac, and WHEREAS, the City Council wishes to implement this program by execution of an agreement with Broward County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials are hereby authorized to execute an agreement for traffic engineering functions by Broward County, copy of which is attached hereto and made a part of. SECTION 2: This Resolution shall become effective immedi- ately upon its adoption. PASSED, ADOPTED AND APPROVED this / -�_ day of , 1977 ATTEST: CVITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this Resolution. RECORD OF COUNCIL VOTE MAYOR W. FALCI( _ V/M H. MASSARO jZ C/M M. WEINBERGER C/M I. M. DISRAELLY C/M M. KLIKA 0 0 COUNj�4 August 25, 1977 Mr. Edward A. Gross City Manager City of Tamarac 5811 N. W. 88th Avenue Tamarac, FL 33321 Dear Mr. Gross: Traffic Engineering division Broward County Courthouse 201 S.E. Sixth Street Fort Lauderdale; Florida 33301 2p/ 2�� 4Tr �917 r Enclosed for your records is one copy of the fully executed Traffic Engineering Agreement between the City of Tamarac and Broward County. The Agreement was approved by the Board of County Commissioners during their meeting on August 16, 1977. Please feel free to contact this office at any time we may be of assistance. Very truly yours, R. W. Mercer, P.E. Director RWM/c1 Enclosure BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS Hugh A. Anderson Howard C. Forman Kenneth C. Jenne Anne L. Kolb Jack L. Moss J.W. (Bill) Stevens Gerald F. Thompson g TRAFFIC ENGINEERING AGREEMENT THIS AGREEMENT made and entered into this l) *(day or:vG�S�t 1977, by and between: Broward County, Florida, a political subdivision of the State of Florida) hereinafter referred to as "County"; and CITY OF T MARAC, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City". IV I T N E S S E T H: WHEREAS, Section 316.006(2), Florida Statutes, grants municipalities original jurisdiction over all streets and high hays located within their boundaries, except state roads, and grants said cities authority to place and maintain traffic control devices which conform to the manual and specifications of the State Department of Transportation upon all streets and highways under their original jurisdiction, as they shall deem necessary, to indicate and to carry out the provisions of Chapter 376 or to regulate, warn, or guide traffic; and WHEREAS, the City of Tamarac, presently has,a traffic engineering function directed to carry out the matters authorized by Section 316.006(2), Florida Statutes; and WHEREAS., the Broward County Charter, Section 1.050, provides that county government shall have the power and authority to assume and perform all functions and obligations now or here- inafter performed by any municipality whenever such municipality shall request the performance or transfer of the function to the County; and WHEREAS, it has been determined that a centralized agency responsible for the installation, operation and maintenance of traffic control devices throughout Broward County, Florida, is the most economical and efficient means of providing such x needed service; and MIEREAS, as part of this centralization of functions, City and County have agreed to transfer the functions, authority, powers, responsibilities and duties of the City's Traffic Engineering function pertaining to the planning, installation, operation and maintenance of traffic control devices to the County pursuant to the terms and conditions of the Agreement; and WHEREAS, Florida Statutes, Section 12.5.01(3), authorizes the County to enter into agreements with other governmental agencies within or outside the boundaries of the County for the performance by the County certain of the City's authorized functions; NOW, THEREFORE, IN CONSIDERATION of the.premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. City agrees to transfer to the County, and the County agrees to accept, the function of planning, installing, operating and maintaining all traffic control devices within the city limits, limited to traffic signals, traffic signs, -traffic markings, traffic lights and street name signs on all streets and highways within territorial limits of the city. (Streets or highways shall be defined as the entire width between boundary lines of whatever way or place of whatever nature which is open to the use of the public for t13e purposes of venicula - traffic.) As of the effective date of this Agreement, the County shall have authority in concurrence with the City Council to plan, install, operate and maintain traffic control devices within the City. The County shall perform this function through its Division of Traffic Engineering or any successor division assigned these duties pursuant to the Administrative Code. 2. The County agrees to provide a traffic engineering level of service and standard of operation equivalent to or better than that presently existing in the City. -2- 3. The City transfers ownership to the County of —i fic control devices presently installed within the City; an, she City shall execute a Bill of Sale Absolute for the transfer of title to the County of these devices. 4. As part of the assumption of the City's traffic engineering functions, duties and responsibilities, County agrees to be responsible for and to pay utility bills for traffic control devices located within the City limits, but said responsibility shall not include responsibility for utility bills for street lights. 5. The City agrees to allow the County to apply for and accept any State of Federal grants, loans, or other programs, which may become available to the County by virtue of the transfer of this function from the City to the County. 6. County shall indemnify, hold harmless and defend City- for all claims and damages incurred as a result of traffic control devices installed by the County or as a result of work 'It performed by County, its agents or employees pursuant to the terms of this Agreement. 7. All pa,;ers of the City vested in it pursuant to Chapter 316, Florida Statutes, or any other law or charter provision not specifically transferred hereunder, shall remain in the jurisdiction of said City. 8. The County, through its Division of Traffic Engineering, agrees to evaluate and give full consideration to all requests by the City for the installation, retention or removal of traffic control devices within the City, and the County agrees to evaluate such requests in accordance with the manual and specifications of .the State Department of Trans- portation and any other applicable commonly accepted standards of Traffic Engineering. 9. This Agreement may be cancelled by the City upon -3- wi,itten notice given at least ninety (90) days prior lest. Succeeding October 1st, and October lst shall be the Offective date of such cancellation. 10. Should the County enter an agreement with any other municipality for the transfer to the County of a Traffic Engineering function, a provision or provisions of which are core favorable than those hereinabove, this agreement shall be attended so that the City will also be the recipient of the same and more favorable provision or provisions. 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 COINIRMISSIONERS, signing by and through its chairman, authorized to execute same by Board action of the /GP day of040$Q j1, 1977, and CITY OF TAMARAC ) signing by Walter W. Falck, 'i%1AYOR, as duly authorized by the Tamarac City Council. ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida ATTE '11 C TY CLE. X I HEREBY CERTIFY that I have approved the form and correctness of this .Agreement. CITY ATTORNEY COUN BR VARD COUNTX, Ti Ofoug its BOARD OF COLA, TY .001NUNII S I ONERS a /7-d y of Ay*vS'. ,1977 CITY CITY OF TAMARAC, FLORIDA a municipal corporation by: