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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-062 - RevisedTemp. Reso. #7772, March 3, 1997 1 Revised March 24, 1997 CITY OF TAMARAC RESOLUTION NO. R-97- (�42 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR "FUNDING THE RESOLUTION OF UNDERGROUND UTILITY CONFLICTS ALONG MCNAB ROAD FROM UNIVERSITY DRIVE TO PINE ISLAND ROAD" A/K/A COUNTY PROJECT 5117 ASSOCIATED WITH WATER AND WASTEWATER UTILITIES AND THE WIDENING OF MCNAB ROAD AND FORWARD IT FOR EXECUTION BY THE APPROPRIATE OFFICIALS OF BROWARD COUNTY; FUNDING OF THE AGREEMENT WITH A BUDGET TRANSFER IN THE AMOUNT OF $91,350 FROM UTILITIES OPERATING FUND ACCOUNT ENTITLED "CONTINGENCY" TO UTILITIES OPERATING FUND ACCOUNT ENTITLED "MCNAB ROAD UTILITY CONFLICTS"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County will be widening a section of McNab Road between University Drive and 89th Avenue (as shown in map form as "Exhibit 1"); and WHEREAS, the CITY COMMISSION has approved Capital Improvement Project budgets for funding, Engineering Consultants for design, and contracts for construction to address the upgrading and relocation of asbestos cement pipe (ACP) water and sewer mains that must be removed or grouted to meet Broward County's road construction standards as well as provide the increased capacity required to provide adequate water Temp. Reso. #7772, March 3, 1997 2 Revised March 24, 1997 and sewer services for the developing western areas of the City; and WHEREAS, there are also existing ductile and cast iron pipe (DIP and CIP) water mains and existing abandoned ACP water and sewer mains that are within the road widening construction area and are in conflict with the proposed drainage structures for the road widening project; and WHEREAS, the COUNTY has identified the costs for the removal, abandonment or construction of conflict structures for utilities located within the McNab Road construction area and has assigned prorated costs to the COUNTY, CITY and Bell South; and WHEREAS, the COUNTY would normally require the CITY to remove its abandoned utilities and relocate its active facilities that lie within the construction boundaries of the project in accordance with Broward County road construction standards and under the provisions of Florida Statutes 337.403 and 337.404; and WHEREAS, in lieu of requiring the CITY to remove and/or relocate CITY's utilities that interfere with the installation of the new roadway drainage facilities, the AGREEMENT between the CITY and COUNTY will allow the CITY the option to remove abandoned utilities, and construct conflict structures for active utilities that are to be left in their present locations; and WHEREAS, the COUNTY would give the CITY the option of using the COUNTY's Contractor or provide another contractor to resolve the conflicts that the CITY's utilities pose with the COUNTY's drainage located in the McNab Road construction area; and WHEREAS, funds are available for the costs of the resolution of the McNab Road utility conflicts from the appropriate Utilities Operating Account; and Temp. Reso. #7772, March 3, 1997 3 Revised March 24, 1997 WHEREAS, it is the recommendation of the Director of Utilities that this AGREEMENT to resolve conflicts associated with the widening of McNab Road be approved, executed and funded; and 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 accept and execute an agreement between Broward County and the City of Tamarac for "Funding the Resolution of Underground Utility Conflicts along McNab Road from University Drive to Pine Island Road" a/k/a County Project 5117, forward it for execution by the appropriate officials of Broward County, and provide for the funding of the AGREEMENT in the amount of $91,350 with the transfer of funds from the appropriate Utilities Operating Account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. SECTION 2: That the appropriate City Officials are hereby authorized to accept and execute the agreement between Broward County and the City of Tamarac for "Funding the Resolution of Underground Utility Conflicts along McNab Road from University Drive to Pine Island Road" a/k/a COUNTY Project 5117 (attached hereto as "Exhibit 2"), and forward it for execution by the appropriate officials of Broward County. Temp. Reso. ##7772, March 3, 1997 4 Revised March 24, 1997 SECTI4LL3: That the funding of the Agreement with a budget transfer in the amount of $91,350 from Utilities Operating Fund account entitled "Contingency" to Utilities Operating Fund account entitled "McNab Road Utility Conflicts" is hereby approved for correct accounting purposes. SECTION 4: That the City Manager or his designee be authorized to make changes, issue change orders not to exceed $10,000 per Section 6-156 (b) of the City Code, and close the AGREEMENT including but not limited to making final payment and releasing bonds when the work has been successfully completed within the terms and conditions of the AGREEMENT. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section other part or application of this Resolution is held by any Court of competent jurisdiction to be unconstitutional or invalid, in park or application, it shall not affect the validity of the remaining partitions or application of this Resolution. 11 C 1 1 SECTIQN 7: passage and adoption. WA Temp. Reso. #7772, March 3, 1997 5 Revised March 24, 1997 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this .2(; day of / 1/4,[ C 9,1 JOE SCHREIBER MAYOR ATTEST: CAROL A. EVANS, CMC - CITY CLERK I HEREBY CERTIFY that I have Utilities:Waml 7772RES.WPD XF&WI� RECORD OF COMMISSION VOTE MAW DIST DIST ow ow