HomeMy WebLinkAboutCity of Tamarac Resolution R-78-105Introduced by:
Temp. #1040
Rev. 6/21/78
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. Z-7?—/OJ
A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT WITH BROWARD COUNTY TO SHARE IN
THE COST OF ILLUMINATION ALONG COMMERCIAL
BOULEVARD FROM N.W. 88TH AVENUE TO THE
"S" CURVE
WHEREAS, Broward County has presented an Agreement to the
City of Tamarac, which provides that the City agrees to share in
the cost of illumination of Commercial Boulevard from N.W. 88th
Avenue to the "S" curve, and
WHEREAS, the City Manager and City Attorney have reviewed
said Agreement and recommend approval and execution of same, and
WHEREAS, the City Council wishes to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF TAMARAC:
SECTION 1: That the appropriate City Officials are
hereby authorized to execute an Agreement with Broward County to
share in the cost of Trafficways Illumination along West Commercial
Boulevard from N.W. 88th Avenue east to the "S" curve. This
Agreement will reflect the changes authorized to be made by the
City Council at its June 14th, 1978, meeting pertaining to the
County's holding the City harmless for any improper design or
the County's breach of this Agreement.
PASSED, ADOPTED AND APPROVED this 14thday of June ,1978.
�3
MAYUK
ATTEST:
I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION
A THUR M. BIRKEN, CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR W. FALCK ��_ _
VjM H. MASSARO
C/M H. WIENER
CAM I.M. DISRAELLY
CIW M. KEI.Chf
A G R E E M E N T
FOR TRAFFICWAYS ILLUMINATION
Between
BROWA RD COUNTY
and
The City of Tamarac
This Agreement made and entered into this day
of , 19 , by and between BROWA RD COUNTY,
a political subdivision of the State of Florida (hereinafter
referred to as COUNTY), and The City of Tamarac ,
a municipal corporation located in Broward County, Florida,
and organized and existing under the laws of the State of
Florida (hereinafter referred to as the MUNICIPALITY);
W I T N E S S E T H;
WHEREAS, Commercial Boulevard from Northwest 88th
Avenue to the "S-Curve"
(is)(are) public trafficway(s) (hereinafter referred to as
the "trafficway(s)") located within the municipal boundaries
of the MUNICIPALITY; and
WHEREAS, it is of mutual benefit to the residents of
the COUNTY and MUNICIPALITY to illuminate the trafficway(s) by
installation and maintenance of lighting systems; and
WHEREAS, the MUNICIPALITY by resolution of its govern-
ing body adopted on the _y day of J ct,n\o 19 7P , has
approved joint illumination of the trafficway(s) with the COUNTY
pursuant to the terms of this Agreement and has authorized the
appropriate officers of the MUNICIPALITY to execute this Agreement;
and
WHEREAS, the COUNTY by action of its Board of County
Commissioners on the day of , 19 , has
likewise approved the joint illumination of the trafficway(s)
with the MUNICIPALITY and has authorized the appropriate COUNTY
officers to execute this Agreement; NOW, THEREFORE
l
IN CONSIDERATION of the mutual terms, conditions,
promises, covenants and payment hereinafter set forth, the COUNTY
and MUNICIPALITY agree as follows:
1, The COUNTY and MUNICIPALITY shall participate in the illumi-
nation of the trafficway(s) in the manner set forth in this
Agreement.
2. The COUNTY shall perform the following:
(a) Prepare or cause to be prepared design plans and speci-
fications for the illumination of the trafficway(s).
Such plans and specifications shall be reviewed and
approved by the Director of the COUNTY'S Department
of Transportation (hereinafter referred to as the
"Director") and shall conform to the Standard Speci-
fications for Highway Lighting established by the
Florida Department of Transportation.
(b) In accordance with the approved design plans and speci-
fications, install a lighting system along the traf-
ficways-. The lighting system so installed shall remain
the property of the COUNTY after installation and shall
not be moved or relocated without the express written
consent of the Director.
(c) Maintain the lighting system along the trafficway(s)
in accordance with the approved design plans and
specifications and the Standard Specifications for
Highway Lighting adopted by the Florida Department of
Transportation. As part of such maintenance respon-
sibility, the COUNTY shall keep in good repair and
replace defective or wornout lighting system parts and
equipment.
3. The MUNICIPALITY shall perform the following:
(a) Pay all utility charges relating to the operation of
the lighting system used in the illumination of the
trafficway(s).
(b) If the length of the trafficway or any portion of
such length is (are) coterminous with the jurisdictional
boundaries of the MUNICIPALITY, the MUNICIPALITY shall
pay the utility charges for a number of street lights
based on the MUNICIPALITY'S frontage along the referenced
trafficway. The pro rata share for the MUNICIPALITY
along this trafficway is as follows:
City of Tamarac - 36 Street Lights
City of Lauderhill - 29 Street Lights
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I
A
4. As a material consideration for the COUNTY'S entry into this
Agreement, the MUNICIPALITY agrees to indemnify, defend, save
and hold harmless the COUNTY from all claims, demands,
liabilities and suits of any nature whatsoever arising out
of, because of, or due to the breach of this Agreement by the
MUNICIPALITY, its agents, contractors, or emplovees, or due
to any act, occurrence, or ommission to act by the MUNICI-
PALITY, its agents, contractors or employees.
5. As a material consideration for the MUNICIPALITY'S entry into
this Agreement, the COUNTY agrees to indemnify, defend, save
and hold harmless the MUNICIPALITY from all claims, demands,
liabilities and suits of any nature whatsoever arising out of,
because of, or due to the design and location of light poles
within the sidewalk area, or due to the breach of this Agreement
by the COUNTY, its agents, contractors, or employees, or due
to any act, occurrence, or ommission to act by the COUNTY,
its agents, contractors or employees.
6. The Director shall decide all questions, difficulties and
disputes of whatever nature which may arise under or by
reason of the illumination of the trafficway(s) pursuant to
the terms of this Agreement.
7. This Agreement does not effect responsibility for installation
and maintenance of traffic control signals and devices along
the trafficway(s)
IN WITNESS WHEREOF, the COUNTY and MUNICIPALITY have
executed this Agreement on the respective dates under each
BROWARD COUNTY, through its Board of County Commissioners,
and through its Chairman and 7"he- 0_�IT' 0-f
through its Mr,�p2 WaLTn2 Q. Fg C_K
by and through — I
made and
signature;
signing by
signing
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COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-
Officio Clerk of the Board of By
County Commissioner of Hugh A. Anderson, Its Chairman
Broward County, Florida
WITNESS:
day of , 19
This document prepared by
Office of General Counsel
for Broward County, Florida
BETTY LYNN LEE, General Counsel
Room 248, Courthouse
Fort Lauderdale, Florida 33301
(305) 765-5105
Approved as to form'
By
MUNICIPALITN
Assistant General Counsel
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-
By C
a 2 day of , 19Z,
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5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (305) 722-5900
June 26, 1978
Mr. J. B. Rushing, P. E. Director
Engineering Division
Broward County Courthouse Room 430
201 S. E. 6th Street
Fort Lauderdale, Florida 33301
Re: Trafficways Illumination - Commercial Blvd.
from N. W. 88th Avenue to the "S" Curve
Dear Mr. Rushing:
Enclosed herein is a copy of our Resolution No.
R-78-105 and two original, partially executed "Agree-
ments For Trafficways Illumination" for review and
approval by the Broward County Board of County Commis-
sioners.
Please note a new paragraph 5 on page 3 of the
agreement which the City Council requested be inserted,
the reason being evident within the paragraph.
We hope this revised agreement will be satisfactory
to the Commission. Following execution of the agreement
by Chairman Anderson, please return one original of the
agreement to this office.
If you have any questions concerning this matter,
please contact this office.
Very truly yours,
CITY OF TAMARAC
Marilyn Bertholf
MB/brs Assistant City Clerk
CC: City Manager
Assistant City Manager
City Attorney
City Clerk File
June 2, 1978
v. coUNZ,
Engineering Division
Broward County Courthouse
Room 530, 201 S.E. 6th Street
Fort Lauderdale, Florida 33301
Mr. Edward A. Gross1
a
City of Tamarac
5811 Northwest 88 Avenue,¢;,;
Tamarac, Florida 33321 GJy
Dear Mr. Gross:'
RE: Trafficways Illumination - Commercial Boulevard from
Northwest 88th Avenue to the "S-Curve"
This is in response to your letter dated May 9, 1978 concerning
illumination on Commercial Boulevard.
The lighting system was designed with poles all on one side for
the following reasons: (1) More economical to construct, (2)
Leaves the other side of the right of way available for other
utilities; Florida Power and Light, Southern Bell, etc., (3)
Provides a good distribution of illumination on a 120 foot
right of way.
Although all the poles are on the North side of the right of
way, it was never the intention that all of the energy costs
should be paid by the City of Tamarac. Since Commercial Boule-
vard is the common boundary between the Cities of Tamarac and
Lauderhill, and both benefit equally by the installation of the
lights, it does not seem unreasonable to assume that the Cities
should pay the energy charges based on their frontage along
Commercial Boulevard.
Enclosed is a revised agreement reflecting the acceptance of
maintenance by the County, and indicating the City of Tamarac's
pro rata share of lights along this roadway.
Should you have any further questions, please do not hesitate
to call.
Very truly yours,
B. Ru ing, P.E., Director
JBR/HPC/cd Engineering Division
Enclosure
CC: Mr. John M. Gerren, Jr.
Mr. H. P. Cook
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