HomeMy WebLinkAboutCity of Tamarac Resolution R-97-285Temp. Reso. #8054
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97-9195
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH
BROWARD COUNTY TO INSTALL IRRIGATION AND
LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY OF PINE
ISLAND ROAD, BETWEEN COMMERCIAL BOULEVARD
AND UP TO THE PUBLIC CANAL NORTH OF NW 58TH
STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Broward County is expanding Pine Island Road from four lanes to six
lanes, from Oakland Park Boulevard to Commercial Boulevard; and
WHEREAS, the project will end approximately 1700 feet north of Commercial
Boulevard, up to the public canal north of NW 58th Street; and
WHEREAS, Broward County has offered to install the irrigation and landscaping
within the project limits at no cost to the City of Tamarac; and
WHEREAS, after installation of irrigation and landscaping, the City of Tamarac will
maintain irrigation and landscaping at its own expense; and
WHEREAS, the City of Tamarac is already maintaining the said section of Pine
Island Road at its own expense except at a lesser cost; and
Temp. Reso. #8054
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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 execute the
Agreement with Broward County to install landscaping and irrigation within the pubic right-
of-way of Pine Island Road, between Commercial Boulevard and up to the pubic canal
north of NW 58th Street.
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 irrigation and landscaping, consistent with
City's Landscaping Master Plan 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hereby repealed to the extent of such conflict.
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Rev. #1—11/18/97
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.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 2
ATTEST:
CAROL A. 9VANS
CITY CLERK
I HEREBY CERTIFY that I
approved this
P�ESOLUTION as to form.
MITCHEL'C S. KF
CITY ATTORN
Agenda Mtg 11/26/97-bl
day of N �1997.
o0-4—""94... `
JOE SCHREIBER
MAYOR
RECORD OF COMMISSIO
MAYOR SCHREIBER
DIST 1: COMM. MCKAYE
DIST 2: V/M MISHKIN r
DIST 3: COMM. SULTANOF
DIST 4: COMM, ROBERTA -x
,VOTE
EXHIBIT "1"
TEMP. RESO. #8054
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AGREEMENT
for
TELF ICNAYS BEAUTIFICATION
Between
aR4INARD_C—OUNTY
and
CITY OF TAMARAC
for
IMPROVEMENTS TO PINEISLAND ROAD FR M
CQMMEECIAL BOULEVARD NORTH APPROXIMATELY 1,587 FEE
Project No. 5121
AGREEMENT
for
TRAFFICWAY5 B AUTIFI ATION
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
IMPROVEMENTS TO PIN S AND ROAD FROM
M E ALB ULEVARD NORTH APPROXIMATELY 1,587 FEE
Project No. 5121
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, improvements to Pine Island Road from from Commercial Boulevard
North Approximately 1,587 feet 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 beautify the Trafficway by landscaping and irrigation; and
WHEREAS, MUNICIPALITY, by resolution of its governing body adopted on the
26 day of November , 199 7 , has approved joint beautification of the
Trafficway with COUNTY pursuant to the terms of this Agreement and has authorized the
appropriate officers of MUNICIPALITY to execute this Agreement; and
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WHEREAS, COUNTY, by action of ifs Board of County Commissioners on the
day of , 19 , has approved the joint
beautification 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 beautification of the Trafficway
in the manner set forth in this Agreement.
2. - COUNTY and MUNICIPALITY agree and -understand that this section of Pine
Island Road is currently classified as a County Minor Arterial and will remain
classifed as same after the improvements are completed.
3. COUNTY shall perform the following
(a) Prepare or cause to be prepared plans and specifications for the
beautification 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 "Director") and a representative
of MUNICIPALITY.
(b) In accordance with the approved design plans and specifications, landscape
the Trafficway by installing along the Trafficway: vegetation, which may
include, but is not limited to, plants, trees, shrubberies and grassed areas
(sodded and/or seeded); pavers and/or separators and other non -vegetative
items; and installing irrigation systems compatible with the installed
vegetation.
(c) Issue written notification to MUNICIPALITY that the irrigation system has
been constructed and is ready for electrical and water service to be
authorized.
4. MUNICIPALITY shall maintain all vegetation, as listed in Section 3(b) above,
located within the right-of-way; all non -vegetative items, such as pavers, installed
for beautification or reduced maintenance, including grassed and/or landscaped
stormwater impoundment facilities (detention ponds), but excluding the concrete
fence; and irrigation system installed by COUNTY along the Trafficway as follows:
(a) MUNICIPALITY shall properly fertilize all vegetation; keep all vegetation as
free from disease and harmful insects as practicable; properly mulch the
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vegetation beds, keeping them free from weeds; periodically cut the grass
in order to maintain a neat and proper appearance; prune all plants so as to
remove all dead or diseased parts of plants and all parts of plants which
present a visual hazard or physical obstacle to the use of the Trafficway;
remove and replace all vegetation which is dead or diseased or which
otherwise falls below the initial level of beautification of the Trafficway, such
replacement to be accomplished by the use of plants of the same grade as
specified in the original approved plans and specifications and the same size
as those existing at the time of replacement; keep litter removed from the
Trafficway; and maintain irrigation parts in working order according to the
original approved plans and specifications, including the maintenance and
replacement of pumps, pipes, and sprinkler heads.
(b) MUNICIPALITY shall pay all utility charges relating to the operation of the
irrigation systems used in the beautification of the Trafficway.
(c) If the length of the Trafficway or any portion of such length (is)(are)
coterminous with the jurisdictional boundaries of MUNICIPALITY,
MUNICIPALITY shall coordinate the performance of its maintenance
responsibility pursuant to this Agreement with the governmental entity or
entities having jurisdiction over the adjacent area. The terms and conditions
of such coordination shall be stated in a Memorandum of Understanding
entered into by MUNICIPALITY and the adjacent governmental entity or
entities and shall provide for the division of maintenance responsibility and
the costs of maintenance between the parties to the Memorandum of
Understanding. The Memorandum of Understanding shall be in substantially
the form as provided in Exhibit "A" hereto. This Agreement is conditioned
upon and subject to such executed Memorandum of Understanding being
approved by the Director.
(d) MUNICIPALITY shall authorize commencement of service to, and billing for,
electric and water service.
5. If at any time subsequent to COUNTY'S installation of vegetation and irrigation
systems along the Trafficway it is determined by the Director that MUNICIPALITY
is not maintaining the beautified Trafficway pursuant to the terms of this Agreement,
the Director shall notify MUNICIPALITY in writing of such deficient maintenance.
If MUNICIPALITY does not correct and improve such deficient maintenance within
thirty (30) days of receipt of the Director's written notice, COUNTY, at the option of
the Director, may cause such deficiencies to be corrected and improved and bill
MUNICIPALITY for the costs of such correction and improvement. MUNICIPALITY
shall then remit to COUNTY the amount so billed within thirty (30) days of
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MUNICIPALITY'S receipt thereof. If MUNICIPALITY requests a meeting with the
Director, however, COUNTY may correct and improve any deficiencies but shall not
bill MUNICIPALITY without the written consent of MUNICIPALITY.
6. Both COUNTY and MUNICIPALITY, which are state agencies or subdivisions, as
defined in Section 768,28, Florida Statutes, agree to be fully responsible 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.
7. Subject to the provisions of paragraph 4 above, the Director shall decide all
questions, difficulties, and disputes of any nature which may arise under or by
reason of the beautification of the Trafficway pursuant to the terms of this
Agreement.
8. This Agreement may be terminated for cause by either party upon a thirty (30) day
written notice given by the terminating party to the other party..
9. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreements 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.
10. 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.
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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
Mayor , duly authorized to execute same.
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COUNTY
ATTEST:
County Administrator and Ex-Officio
Clerk of the Board of County
Commissioners of Broward County,
Florida
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BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
Z
Chair
day of ,19
Approved as to form by Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
DAPHNE E. JONES
Assistant County Attorney
AGREEMENT FOR TRAFFICWAYS BEAUTIFICATION BETWEEN BROWARD COUNTY
-i AND CITY OF TAMARAC FOR IMPROVEMENTS TO PINE ISLAND ROAD FROM
COMMERCIAL BOULEVARD NORTH APPROXIMATELY 1,587 FEET
1ftQ_
WITNESSES:
CITY OF TAMARAC
By
Mayor. ..
Joe Schreiber
26 day of November 19 97 .
ATTEST:
Carol A, Evans, City Clerk City Manager
C M C Robert S. Noe, Jr.
(CORPORATE SEAL)
ILE
DEJ:vjg
09/24/97
#97-088.05
Tamarac.bea
CAFA120
Rev. 6121/95
26 day of November , 19 97 .
AP/PROVIfgAS TO FO
.City Attorney
Mitchell S. Kraft
0 EXHIBIT "A"
MEMQRANDQM OF UNDERSTANDING
Between
THE CITY OF TAMARAC
and
$ROWARD COUNTY
Pursuant to the terms of paragraph 4(c) of the Agreements for Trafficways
Beautification entered into between Broward County, and the CITY OF TAMARAC,
on the 26 day of November , 19 97 , the CITY OF TAMARAC and
Broward County hereby enter into this Memorandum of Understanding and state as
follows:
1. This Memorandum of Understanding relates to the following Trafficway:
Pine Island Road From Commercial Boulevard North Approximately
587 Feet - Project No 512
2. That the CITY OF TAMARAC shall maintain that portion of the Trafficway
described as follows:
Pi a Island Road From Commercial Boulevard North Approximately
1 587 Fee - Protect No. 5121
3. For the purposes of this Memorandum of Understanding, the term
"maintenance" shall include, but shall not be limited to, the functions specified
in paragraph 4(a) of the Agreements for Trafficways Beautification referred to
in the first paragraph hereof, and the obligation to pay all utility charges
relating to the operation of the vegetation and irrigation systems used in the
beautification of the Trafficway.
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4. This Memorandum of Understanding shall continue in effect until the
agreements referred to in the first paragraph hereof are terminated.
WITNESSES:
ATTEST:
Carol A. Evans, C M C:
City Clerk
APPROVED:
BROWARD COUNTY DIRECTOR
OF PUBLIC WORKS DEPARTMENT
By
CAF#120
Rev. 6/21 /95
CITY OF TAMARAC
B 0C -
Y
Schreiber, . Mayor
26 day Of November , 1997
S
By -
Robert S, Noe, Jr.
City Manager
26 day of November 1997
Date:
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