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.
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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
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