HomeMy WebLinkAboutCity of Tamarac Resolution R-79-2191
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Introduced TEMP: RESo. #1402.
CITY OF TAMARAC, FLORIDA
lRESOLUTION NUMBER R -
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT
WITH BROWARD COUNTY FOR TRAFFICWAYS
ILLUMINATION FOR COMMERCIAL BOULEVARD FROM
THE TURNPIKE TO POWERLINE ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION l: That the appropriate city officials are hereby
authorized to execute an agreement with Broward County for trafficwayE
illumination for Commercial Boulevard from the Turnpike to Powerline
Road, a copy of which is attached hereto.
SECTION 2: This Resolution shall become effective im-
mediately upon its adoption.
PASSED, ADOPTED AND APPROVED this day o
MAYDR
RECORD OF COUNCIL V07E
MAYOR.
(I
� CITY LERK � DISTRICT 1:
DISTRICT 2:
DISTRICT 3:.
I HEREBY CERTIFY that I have DISTRICT 4: �----
approved the form and correctness
of this RESOLUTION.
&444Al
CITY ATTORNEY �,
, 1979.
1
A G R E E M E N T
FOR TRAFFICWAYS ILLUMINATION
Between
BROWARD COUNTY
A N D
•-��
/ 4 �•�,�
This is an Agreement made and entered into by and between
BROWARD COUNTY, a political subdivision of the State of Florida (hereinafter
referred to as COUNTY), and,4 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 ES5ETH:
WHEREAS
(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 mainte-
nance of lighting systems; and
WHEREAS, the MUNICIPALITY by resolution of its governing body
adopted on the day of , 19 , has approved joint illumi-
nation 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 Commis-
sioners on the day of , 19 , has likewise approved the
joint illumination of the trafficway(s) with the MUNICIPALITY and has autho-
rized the appropriate COUNTY officers to execute this Agreement; NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, cov-
enants and payment hereinafter set forth, the COUNTY and MUNICIPALITY
agree as follows:
1. The COUNTY and MUNICIPALITY shall participate in the illumination of
the trafficway(s) in the manner set forth in this Agreement.
GCF#119-1
Rev 2/26/79 -1 _
2. The COUNTY shall perform the following:
(a) Prepare or . cause to' be prepared sodium vapor design plans and
specifications 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 re-
ferred to as the "Director") and shall substantially conform to the
Standard Specifications for Highway Lighting established by the
Florida Department of Transportation.
(b) In accordance with the approved design plans and specifications,
install a lighting system along the trafficways. The lighting system
so installed shall remain the property of the COUNTY after instal-
lation 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 in substantial
conformance with the Standard Specifications for Highway Lighting
adopted by the Florida Department of Transportation. As part of
such maintenance responsibility, 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 electrical energy 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 MUNICI-
PALITY, 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:
ZVM/*/,7a_/res
_,5J
(c) Notify COUNTY promptly when MUNICIPALITY, its agents, contrac-
tors, or employees, receives notice, or has or should have either
actual or constructive knowledge, of_ any and all defects, imperfec-
tions, malfunctions, or failings of the lighting system.
4. As a material consideration for the COUNTY'S entry into this Agreement,
to the extent allowed by law, the MUNICIPALITY agrees to indemnify,
GC F#119-2
Rev 5/22/79
art
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 employees, or due to any act, occurrence, or
omission to act by the MUNICIPALITY, its agents, contractors or
employees.
5. The Director shall decide all questions, difficulties and disputes of what-
ever nature which may arise under or by reason of the illumination of
the trafficway(s) pursuant to the terms of this Agreement.
r
6. This Agreement does not effect responsibility for installation and main-
tenance of traffic control signals and devices along the trafficway(s).
7. This Agreement may be terminated by either party upon thirty (30) days
written notice given by the terminating party to the other party.
IN WITNESS WHEREOF, the COUNTY and MUNICIPALITY 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
�— day of , 19and
signing by and through duly authorized to execute same.
ATTEST:
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioner of
Broward County, Florida
GC F#119-3
Rev 5/22/79
1 LLIM
COUNTY
MI:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
day of
hairman
19
Approved as to form and legality by
Office of General Counsel
for Broward County, Florida
HARRY A. STEWART, General Counsel
Room 248, Courthouse
Fort Lauderdale, Florida 33301
Telephone: (305) 765-5105
By
Assistant General Counsel
w
MUNICIPALITY
WITNESS:
A!L
By
1wa 19 - /
0112
day of ,f Ge, 19&
GCF#119-4
Rev 5/22/79
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