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