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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-284Temp. Reso. #8053 Page 1 11 /4/97 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97- all A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE INSTALLATION OF STREET LIGHTS ON THE NORTH SIDE OF MCNAB ROAD BETWEEN UNIVERSITY DRIVE AND PINE ISLAND ROAD; AUTHORIZING APPROPRIATE OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD COUNTY TO INSTALL STREET LIGHTS ON THE NORTH SIDE OF MCNAB ROAD, BETWEEN UNIVERSITY DRIVE AND PINE ISLAND ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Public Works Director received several complaints regarding insufficient illumination on the north side of McNab Road, between University Drive and Pine Island Road; and WHEREAS, a pedestrian sidewalk exists on the north side of McNab Road, between University Drive and Pine Island Road; and WHEREAS, the construction of Winn -Dixie Marketplace at the North-West quadrant of University Drive and McNab Road would likely increase the pedestrian traffic significantly; and WHEREAS, McNab Road, between University Drive and Pine Island Road has been scheduled for expansion to six lanes in the near future; and Temp. Reso. #8053 Page 2 11 /4/97 WHEREAS, -the illumination from the existing street lights on the south side of McNab Road has been determined to be inadequate; and WHEREAS, Broward County has offered to install the street lights on the north side of McNab Road, between University Drive and Pine Island Road, at no cost to the City of Tamarac; and WHEREAS, the installation and construction of these street lights shall be according to the Florida Power and Light standards; and WHEREAS, after installation of the street lights, the City of Tamarac will own, maintain and pay electrical costs pursuant to the terms and conditions of the Agreement with Broward County, attached hereto as Exhibit 1; and and WHEREAS, the Director of Public Works recommends approval of the Agreement; WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the installation of street lights on the north side of McNab Road, between University Drive and Pine Island Road. Temp. Reso. #8053 Page 3 11 /4/97 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing `WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The installation of street lights on the north side of McNab Road, between University Drive and Pine Island Road, consistent with the design criteria of Florida Power and Light is HEREBY APPROVED. SECTION 3: The appropriate City Officials are HEREBY AUTHORIZED to sign the Agreement with Broward County, attached hereto as Exhibit 1. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. 1 1 CPrTInK1 F passage and adoption. Temp. Reso. #8053 Page 4 11 /4/97 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this c;?-(D ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I approved this RESOLUTION as to form. ITCHELL S. KRAF CITY ATTORNEY Agenda Mtg 11/26/97-bl day of iJ mterT97. JOE SCHREIBER MAYOR RECORD OF COMMIS; MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS VOTE EXHIBIT 111" C7 E C� AGREEMENT for TRAFFICWAYS ILLUMINATION Between BROWARD COUNTY and CITY OF TAMARAC for MCNAB ROAD FR M UNIVERSITY DRIVE !Q WEST OF PINE IS AND ROAD Project No, 5117 TEMP. RESO. #8053 AGREEMENT for T AFFICWAYS ILLUMINATION Between B OWARD COUNTY and CITY QF TAMARAC for M NAB ROAD FROM UNIVER51TY DRIVE TO WEST OF PINE ISLAND R AD Project No. 5117 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." WITNESSETH: WHEREAS, McNab Road from University Drive to west of Pine Island Road 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 26 day of November , 19 97 , has approved joint illumination of the _10 trafficway with COUNTY pursuant to the terms of this Agreement and has authorized the appropriate officers of MUNICIPALITY to execute this Agreement; and WHEREAS, COUNTY, by action of its Board of County Commissioners on the day of , 19 , has likewise approved the joint 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: 1. 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 "D irector") and a representative of MUNICIPALITY 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 trafficway. The lighting system so installed shall remain the property of COUNTY after installation and shall not be moved or relocated without the express written consent of the Director. (c) Issue written notification to MUNICIPALITY that street light system has been constructed and is ready for electrical service. 3. MUNICIPALITY shall perform the following: (a) Authorize electric utility company to turn on electric service to street light system and authorize utility to bill MUNICIPALITY. (b) Pay all electrical energy charges relating to the operation of the lighting system used in the illumination of the trafficway. CAF*119 Rev. 12/10/93 -2- c MUNICIPALITY shall own the newly installed lighting system upon MUNICIPALITY'S approval and acceptance of the system and COUNTY'S acceptance of same from the construction contractor. (d) 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. (e) 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 Transportation. As part of such maintenance responsibility, MUNICIPALITY shall keep in good repair and replace defective or worn out lighting system parts and equipment. 7,__ 4. Both COUNTY and MUNICIPALITY, which are state agencies or subdivisions, as defined in Section 768.28, Florida Statutes, agree to be fully responsible 18 for acts of negligence of their respective agents or employees when acting within the scope of their employment or agency, and agree to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. Any claim, objection or dispute arising out of the terms of this contract shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 5. This Agreement does not affect responsibility for installation and maintenance of traffic control signals and devices along the trafficway. 6. After consultation with MUNICIPALITY, the Director shall decide all questions, difficulties and disputes of any 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 may be terminated for cause by either party upon thirty (30) days written notice given by the terminating party to the other party. 8. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable 40 to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter CAF#119 Rev. 12/10/93 -3- • C� of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity hereto. 9. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 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 Chair or Vice Chair, authorized to execute same by Board action on the day of 19 , and CITY OF TAMARAC, signing by and through its , duly authorized to execute same. ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the Board of County By Commissioners of Broward County, Florida Chair day of , 19 Approved as to form by the Office of County Attorney Broward County, Florida JOHN J. COPEL4N, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By- 0 ROBERT E. HOEYNCK Assistant County Attorney CAF#119 Rev. 12/10/93 -4- • AGREEMENT FOR TRAFFICWAYS ILLUMINATION BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR MCNAB ROAD FROM UNIVERSITY DRIVE TO WEST OF PINE ISLAND ROAD (PROJECT NO.5117) ATTEST: Robert S. Noe Jr., City Manager Carol A. Evans, CMC, City Clerk BEH/smc Tamarac.ill 6/12197 #97-088.05 CAF#119 Rev. 12/10/93 CITY -5- CITY OF TAMARAC By � AAe Schreiber Mayor -zL!�day of 1997 4�1- jt_ 'J� �' f), - '� Robe S. Noe, Jr., City Manage ,,Z A- day of , 19 9 7 . APPRO D T F By I Mi�cl II S. Kraft, C STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared a or and Robert S. Noe, Jr., City Manager to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this �2 A& day of��� Patricia Marcurio ' + Notary Public, State of Florida Comntissiun Na. CC 422913 c F�Le My Commission Expires I1/27/98 I-SOD-3•NOTARY _ Fla, Ndmy Service d aendiag Co, ( x ) Personally know to me or NOTARY PUBLIC, State of Florida T 1 C !Cvl2[ o (Name of Notary Public: Print, Stamp or Type as Commissioned) ) Produced Identification None ( ) DID take an oath ( x ) DID NOT take an oath �J Type of I.D. produced