Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-84-082Introduced by V/M Massaro Temp. # 2742 1 2 3 4 5 11 8 9 10 11 12 M49A 14 15 16 17 1 20 21 22 23 24 25 26 27 28 29 30 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R -84-82 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT 14ITFI BROWARD COUNTY FOR TRAFFIC ENGINEERING FUNCTIONS IN THE CITY OF TAMARAC; AND PROVIDING 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 traffic engineering functions with Broward County within the City of Tamarac, a copy of which is hereby attached hereto as Exhibit A. SECTION 2: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 14th day of ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY t at I have approved the form and co rr ctness of this Resol! n. CI A March MA OR . 1984. RECORD OF COUNCIL VOTE MAYOR FALCK: DIST. 1: CAA KRAVITZ: DIST. 2: V/M I':AASSARO: DIST. 3: C/M S d ELZER:- DIST. 4: C/M KRANTZ: 0 ,. Ll TRAFFIC ENGINEERING AGREEMENT THIS AGREEMENT, made and entered into this day of A. D . 19�, by and between: BROWARD COUNTY, Florida, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY;" and CITY OF M,4 &4 C , a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "CITY;" W I T N E S S E T H: WHEREAS, Section 316.006(2), Florida Statutes, grants municipalities original jurisdiction over all streets and highways located within their bound- aries, except state roads, and grants said cities authority to place and main- tain traffic control devices which conform to the manual and specifications of the State Department of Transportation upon all streets and highways under their original jurisdiction, as they shall deem necessary, to indicate and to carry out the provisions of Chapter 316 or to regulate, warn, or guide traffic; and WHEREAS, CITY OF 7AMARAC presently has a traffic engi- neering function authorized and directed to carry out the matters authorized by Section 316.006(2), Florida Statutes; and WHEREAS, the Broward County Charter, Section 1.050, provides that county government shall have the power and authority to assume and perform all functions and obligations now or hereinafter performed by any municipality whenever such municipality shall request the performance or transfer of the function to the COUNTY; and WHEREAS, it has been determined that a centralized agency respon- sible for the installation, operation and maintenance of traffic control devices, throughout Broward County, Florida, is the most economical and efficient means of providing such needed service; and WHEREAS, as part of this centralization of functions, CITY and COUNTY have agreed to transfer the functions, authority, powers, responsi- bilities and duties of the CITY'S Traffic Engineering function pertaining to the planning, installation, operation and maintenance of traffic control devices to the COUNTY pursuant to terms and conditions of this Agreement; and WHEREAS, as a part of the consideration for the entering into of this Agreement, the COUNTY has agreed to assume the current funding obligation for the operation transferred hereunder, pursuant to the terms of this Agreement; and WHEREAS, as part of the consideration for this Agreement, CITY has agreed to transfer to COUNTY certain equipment, materials and supplies enumerated hereunder; and WHEREAS, Florida Statutes, Section 125.01(3), authorizes the COUNTY to enter into agreements with other governmental agencies within or outside the boundaries of the COUNTY for the performance of the COUNTY of certain of the CITY'S authorized functions. NOW, THEREFORE, IN CONSIDERATION of the premises and mutual covenants hereinafter contained, the parties do agree as follows: I. TRANSFER OF FUNCTIONS AND DUTIES. CITY agrees to transfer to COUNTY, and the COUNTY agrees to accept and perform the following functions and duties in order to protect the welfare of the public, which functions and duties were formerly performed by CITY: (a) Install stop or yield signs necessary to govern traffic. (b) Install and maintain traffic signals where necessary. (c) Prohibit or restrict left, right and U-turns. (d) Designate crosswalks, establish safety zones and mark traffic lanes. (e) Designate one-way streets. (f) Establish no -parking, no -standing and no -stopping regulations. (g) Establish play streets. (h) Establish emergency and experimental regulations. (i) Establish on -street truck and passenger loading zones. (j) Establish speed limits. (k) Establish no passing zones. (1) Designate public carrier stands. (m) Establish traffic control guidelines for all roadway construction and maintenance operations. -2- r 1 1 2. (n) Prohibit use of streets by trucks. (o) Prohibit use of streets by bicycles. The COUNTY shall perform the above -described functions and duties through its Division of Traffic Engineering or any successor division which may be created. The COUNTY shall be fully responsible for all repair and maintenance concerning the items delineated in paragraphs (a) through (o) above, but it is understood and agreed that CITY shall have the duty and obligation to notify COUNTY promptly when CITY receives notice, or has either actual or constructive knowledge, of any and all defects, malfunctions, failings or imperfections in the installation or operation of traffic regulation equipment, signs, and signals as encom- passed under this Agreement or if any said equipment, signs and signals are in need of repair, replacement, or maintenance. All regulations established by the Traffic Engineering COUNTY shall be made only after an engineering study the regulation is proper. All signs, signals and markings ment thereof shall be in conformance with the manual on Control Devices published by the State Department of No regulation will be effective unless proper signs, signal ings are in place. ENCROACHMENTS. Department of has shown that and the place - Uniform Traffic Transportation. s and/or mark - It is understood and agreed that CITY shall retain the power to grant encroachments as provided by its Code of Ordinances subject, however, to the right of the COUNTY Traffic Engineering Division to review any proposed encroachments in order to ascertain whether the same will con- stitute a traffic hazard. If the COUNTY Traffic Enginnering Division determines that said encroachment agreement will constitute a traffic hazard, then such encroachment agreement shall not be executed. With regard to existing encroachment agreements, the COUNTY Traffic Engi- neering Division shall review the same at the request of the CITY or may review the same at its own option in order to determine whether or not the same constitute traffic hazards. If the COUNTY Traffic Engi- neering Division does so determine that any of such encroachment agree- ments do in fact constitute a traffic hazard or hazards, the COUNTY Traffic Engineering Division shall notify the CITY and CITY shall take such steps as may be necessary to effect the removal of such encroach- ments at CITY expense. MZ 3. RETENTION BY CITY OF FUNCTIONS AND DUTIES NOT TRANSFERRED. It is specifically understood and agreed that all rights and powers as may be vested in the CITY pursuant to Chapter 316 of the Florida Statutes or any other law or ordinance or Charter provision of CITY and not specifically transferred to COUNTY hereunder shall be retained by CITY. It is further understood and agreed that CITY is not transferring any of its traffic enforcement functions, rights or duties by the execution of this Agreement, and CITY shall fully retain such traffic enforcement functions, rights and duties together with all rights of enforcement of CITY traffic ordinances or state traffic statutes. 4. TRANSFER OF MATERIALS, SUPPLIES AND EQUIPMENT. The CITY transfers ownership to the COUNTY of those materials, sup- plies and equipment contained within and used exclusively by the CITY'S traffic engineering function, such materials, supplies, and equipment being those itemized and described in the list attached hereto as Exhibit "A" and made a part of this Agreement; and, the CITY shall execute a Bill of Sale Absolute for transfer of title to the COUNTY, and shall transfer possession of these materials, supplies and equipment. 5. ' • TRANSFER OF OWNERSHIP OF TRAFFIC CONTROL DEVICES. The CITY transfers ownership to the COUNTY of all traffic control devices presently installed within and owned by the CITY; and, the CITY shall execute a Bill of Sale Absolute for the transfer of title to the COUNTY of these devices. 6. PAYMENT OF UTILITIES FOR TRAFFIC CONTROL DEVICES. As part of the assumption of the CITY'S traffic engineering functions, duties and responsibilities, COUNTY agrees to be responsible for and to pay utility bills for traffic control devices located within the CITY limits, but said responsibility shall not include responsibility for utility bills for street lights. 7. ASSIGNMENT OF CITY'S OUTSTANDING AGREEMENTS. The CITY hereby assigns to the COUNTY all the rights and duties of existing outstanding agreements of the CITY Traffic Engineering func- tion, and the COUNTY hereby assumes all performance required by the CITY in said contracts, a list of which is attached to this Agreement as Exhibit "B", and made a part hereof. No Agreement shall be assumed which is not enumerated in Exhibit "B". ZC r. 1 8. COUNTY TO PROVIDE NECESSARY FINANCIAL SUPPORT UNDER AGREEMENT. The COUNTY agrees to provide in its annual budget the financial support necessary for the purposes set forth in this Agreement. 9. APPLICATION FOR STATE AND FEDERAL GRANTS BY COUNTY. The CITY agrees to allow the COUNTY to apply for and accept any State or Federal grants, loans, or other programs, which may become available to the COUNTY by virtue of the transfer of this function from the CITY to the COUNTY. 10. CITY ORDINANCES TO CONFORM TO AGREEMENT. The CITY agrees to make whatever changes to its code of ordinances that are necessary to fully implement the provisions of this Agreement. 11. REASONABLE REQUESTS OF CITY. The COUNTY and the Traffic Engineering Division of COUNTY agree to accede to and to implement all reasonable written requests of CITY promulgated by either the CITY Manager of CITY or by Resolution of the CITY Commission of CITY for the installation, retention, or removal of traffic control devices within the CITY, and further agree to accede to and to implement all reasonable requests of the CITY with regard to any of the duties and functions specified in paragraph I above, so long as such requests accord with the manual and specificaitons of the State Department of Transportation and commonly accepted standards of traffic engineering. No request of CITY as set forth herein shall alter or affect the provisions of paragraph 13 below. 12. INDEMNIFICATION. COUNTY shall indemnify, hold harmless and defend CITY for all claims and damages incurred as a result of work performed by COUNTY, its agents or employees pursuant to the terms of this Agreement to the extent allowed by law. It is specifically understood and agreed that COUNTY does not indemnify CITY for the negligent acts or omissions of CITY'S agents or employees or the neglect or omission of CITY to notify COUNTY promptly when CITY receives notice, or has either actual or constructive knowledge, of any and all defects, imperfections, malfunc- tions, or failings of the traffic regulation equipment, signs or signals or any required repairs, replacement or maintenance of the traffic regula- tion equipment, signs or signals provided under the terms of this Agree- ment. -5- 13. CANCELLATION. This Agreement may be cancelled by CITY or COUNTY upon formal written notice given at least ninety (90) days prior to the next succeeding October 1st and said October 1st shall be the effective date of such cancellation. On or before the effec- tive date of such cancellation, the COUNTY shall transfer to the CITY an inventory comparable to that described in para- graphs 5 and 6 hereinbove and the exhibits related thereto, or at the option of the CITY will make a lump sum payment to the CITY in an amount equal to the value of the above -referenced inventory as of the date the lump sum payment is to be made. 14. AMENDMENTS. If COUNTY amends any traffic engineering agreement that it has with any other municipality in the COUNTY, then CITY shall have the option of adding said amendment to this Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signa- ture: 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�A,,", and CITY OF TAMARAC J. signin by and through its Ma or duly authorized to execute same.. COUNTY UAT BROWARD COUNTY, through its BOARD OF COUNTY CO ISSIONERS nns r an x- Officio Clerk of the Board of By County Commissioners of I s Chairman Broward County, Florida c7 day of 19d Approved as to form and legality by Office of General Counsel for Broward County, Florida HARRY A. STEWART, General Counsel Room 248, Courthouse Fort Lauderdale, Florida 33301 By Assistant Genera Counsel WITNESS: Manag - 1 City C1e TRAFFIC ENGINEERING AGREEMENT day' of , 19 . Approved as to Farm and Legality: �� RAF: tab A140-E 2/28/83 1183-171 -7- r