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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-207Introduced by: Temp. Reso.# L3 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15` 16 17 1B 19 20 21 22 23 24 25 26 !I 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86-rZo- A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR TRAFFICWAYS ILLUMINATION WITH BROWARD COUNTY FOR THAT PORTION OF UNIVERSITY DRIVE FROM COMMERCIAL BOULEVARD TO SOUTHGATE BOULEY_&RD; AND PROVIDINQ AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement for Trafficways Illumination with Broward County for that portion of University Drive from Commercial Boulevard to Southgate Boulevard. A copy of said Agreement being attached hereto as Exhibit "l". SECTION 2: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this_4/?�Aday of , 1986. MAYOR ATTEST: RECORD OF COUNCIL VOTE CITY CLEOK MAYOR: HART I HEREBY CERTIFY that I have approved the form and correctness DIST 1: C/W MASSARO of this Resolution. DIST. 2: C/M STELZER DIST. 3: C/M GOTTESMAN 4 DIST. 4: V/M STEIN CITY AT ORNEY C] Ao A G R E E M E N T FOR TRAFFICWAYS ILLUMINATION Between BROWARD COUNTY And This is an Agreement made and entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida (hereinafter referred to as COUNTY), and (Z' 4 -r�J E, � —"r'A MA E- c , a municipal corporation located in Broward County, Florida, and organized and existing under the laws of the State of Florida (hereinafter referred to as the MUNICIPALITY); W I T N E S 5 E T H: WHEREAS, 1 V ►"�. T `f «a M 1�1 �-Cz �-I �-- [ �•c r3, "TO 4ZZ5 o 0 T H c3 A -rP- u+Y t (is) (are) public trafficway(s) (hereinafter referred to as the "trafficway(s)" located within the municipal boundaries of the MUNICIPALITY; and WHEREAS, it is of mutual benefit to the residents of the COUNTY and MUNICIPALITY to illuminate the trafficway(s) by installation and mainte- nance of lighting systems; and WHEREAS, the MUNICIPALITY by resolution of its governing body adopted on the 11th day of June 19 86, has ' approved joint illumi- nation of the trafficway(s) with the COUNTY pursuant to the terms of this Agreement and has authorized the appropriate officers of the MUNICIPALITY to execute this Agreement; and WHEREAS, the COUNTY by action of its Board of County Commis- sioners on the day of , 19 , has likewise approved the joint illumination of the trafficway(s) with the MUNICIPALITY and has autho- rized the appropriate COUNTY officers to execute this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, cov- enants and payment hereinafter set forth, the COUNTY and MUNICIPALITY . agree as follows: 9. The COUNTY and MUNICIPALITY shall participate in the illumination of the trafficway(s) in the manner set forth in this Agreement. 2. The COUNTY shall perform the following: (a) Prepare or cause to be prepared sodium vapor design plans and specifications for the illumination of the trafficway(s). Such plans and specifications shall be reviewed and approved by the Director of the COUNTY'S Public Works Department (hereinafter referred to as the "Director") 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 trafficways. The lighting system _ so installed shall remain the property of the COUNTY after instal- lation and shall not be moved or relocated without the express written consent of the ❑irector. 3. The MUNICIPALITY shall perform the following: (a) Pay all electrical energy charges relating to the operation of the lighting system used in the illumination of the trafficway(s). (b) If the length of the trafficway or any portion of such length is (are) coterminous with the jurisdictional boundaries of the MUNICI- PALITY, the MUNICIPALITY shall pay the utility charges for a number of street lights based on the MUNICIPALITY'S frontage along the referenced trafficway. The pro rata share for the MUNICIPALIT)' along this trafficway is as follows: (c) Maintain the lighting system along the trafficway(s) 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, the MUNICIPALITY shall keep in good repair and replace defective or wornout lighting system parts and equipment. 0 -2- 0 4. As a material consideration for the COUNTY'S entry into this Agreement, to the extent allowed by law, the MUNICIPALITY agrees to indemnify, defend, save and hold harmless the COUNTY from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of this Agreement by the MUNICIPALITY, its agents, contractors, or employees, or due to any act, occurrence, or omission to act by the MUNICIPALITY, its agents, contractors or employees. S. The Director shall decide all questions, difficulties and disputes of what- ever nature which may arise under or by reason of the illumination of the trafficway(s) pursuant to the terms of this Agreement. 6. This Agreement does not effect responsibility for installation and main- tenance of traffic control signals and devices along the trafficway(s). 7. This Agreement may be terminated by either party upon thirty (30) days written notice given by the terminating party to the other party. IN WITNESS WHEREOF, the COUNTY and MUNICIPALITY 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 Chairman, authorized to execute same by Board action on the day of , 19 and signing by and through duly authorized to execute same. COUNTY ATTEST: County Administrator and Ex- _ Officio Clerk of the Board of County Commissioner of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Scott i. Cowan, Chairman day of 19 Approved as to form and legality by Office of General Counsel for Broward County, Florida SUSAN F. DELEGAL General Counsel Governmental Center, Suite 423 _ 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 By . Assistant General Counsel _3- I� AGREEMENT FOR TRAFFICWAYS ILLUMINATION BETWEEN ' BROWARD COUNTY AND CITY OF TAMARAC MUNICIPALITY ATTEST: City lark (CORPORATE SEAL) APPROVED AS TO FORM: 1�1-, , �,A� r �rl �, . tr,ity Att; ne RAF:ed A191-C 8/3/84 084-192 CITY OF TAMARAC By Mayor day of 19 dpX By: City Manager 010 day. of 19�