HomeMy WebLinkAboutCity of Tamarac Resolution R-77-044Proposed by:
Introduced by:
Temp. #673
Revised: 2/18/77
Revised: 2/23/77
LJ
CITY OF TAMAR.AC, FLORIDA
RESOLUTION
A RESOLUTION AUTHORIZING BROWARD COUNTY
TO ASSUME TRAFFIC ENGINEERING FUNCTIONS
WITHIN THE CITY OF TAMARAC PROVIDING AND
CONDITIONED UPON BROWARD COUNTY PROVIDING
THE CITY WITH A HOLD HARMELSS OR INDEMNI-
FICATION AGREEMENT TO THE CITY OF TAMARAC
IN CONJUNCTION WITH THE TRANSFER OF THE
TRAFFIC ENGINEERING FUNCTIONS FROM THE CITY
OF TAMARAC, FLORIDA, TO BROWARD COUNTY,
FLORIDA; PROVI DING AN EEFFE'CTIVE 'DATE.
100
_ WHEREAS, Section 316.006 (2) Florida Statues grants the
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
jurisdiction,
as they shall
deem necessary,
to
indicate
and to carry out the
provisions of
Chapter 316 or
to
regulate, warn or guide traffic; and
WHEREAS, the City of Tamarac has previously entered
into a contractual arrangement whereby the County Traffic
Engineering Division was authorized and directed to carry out
certain functions within the City for certain monetary reimburse-
ment; 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 needed
service; and
WHEREAS, as part of this centralization of functions,
City and County have agreed to transfer the authority of the City
pertaining to the planning, installation operation of maintenance
of traffic control devices within the City to the County pursuant
to the terms of this Resolution; and
I
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-
after performed by any municipality whenever such municipality
shall request the performance or transfer of the function to
the County; and
WHEREAS, it is the expressed intention of the County
to immediately assume, upon passage of this Resolution, authority
and responsibility for the planning, installation, operation
or maintenance of traffic signals within the City, all of these
services to be at the sole expense of Broward County; and
WHEREAS, in conjunction therewith to approve a
contract containing a hold harmless and indemnification clause
wherein Broward -County agrees to hold harmless or indemnify the
City of Tamarac, Florida, from any suits or judgments against
the City of Tamarac caused by any act or omission of the County;
and
WHEREAS, in order for the County to properly
assume all other responsibility for the planning, installation,
operation and maintenance of all traffic control devices in
the City of Tamarac, it will be necessary for the County to
increase its available supply of personnel, material and equip-
ment; and
WHEREAS, when sufficient personnel, material and
equipment is available, the County Administrator shall send
written notification of same to the City; and
WHEREAS, it is the intention of the City to transfer
the full responsibility for planning, installation, operation
and maintenance of all traffic control devices in the City upon
receipt of such written notification.
-2-
No Text
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the City, effective upon
receipt of an agreement in conjunction therewith to approve a
contract containing a hold harmless and indemnification clause
wherein Broward County agrees to hold harmless or indemnify the
City of Tamarac, Florida, from any suits or judgments against
the
City
of
Tamarac,
Florida,
from any
suits or judgments
against
the
City
of
Tamarac
caused by
any act
or omission of the
County,
transfers to Broward County and requests the County to assume
full authority and responsibility for the planning, installation,
operation or maintenance of traffic signals within the City, all
of these services to be at the sole expense of Broward County,
SECTION 2: That the City hereby requests that
the County, when it has sufficient personnel, materials and
equipment to adequately provide for the assumption of full
authority and responsibility for all traffic, engineering and control devi es
within the City, so notify the City by letter addressed to
the City from the County Administrator, and that effective
immediately upon receipt of such notification, said full authority
and responsibility for traffic engineering and control devices within the City
is hereby deemed transferred to the County, all of these services
to be at the sole expense of Broward County,
SECTION 3: Nothing contained herein shall be
deemed to
remove from the
City of
Tamarac the
right
to determine
additional
traffic, safety
needs
on all roads
within
the City of
Tamarac, and have the necessary signalization or other traffic
control devices installed, at its own cost or cost of another
party or person as may be applicable under the circumstances.
SECTION 4: This Resolution shall become effective
-3-
A
I
I
immediately upon receipt of the aforesaid agreement
PASSED, ADOPTED AND APPROVED this
ATTEST:
tox I
I HEREBY CERTIFY that I
have approved the form and
correctness of this RESOLUTION
RECORD OF COUNCIL VOTE
MAYOR W. FALCK
V/M N Macenon
C/W M. KELCH
C/M 0. TUCKER
C/M M. WEINBERGER
7.
-4-
a
1
LJ
a