HomeMy WebLinkAboutCity of Tamarac Resolution R-83-0761
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Introduced by 4/fT_ Temp. # 2682
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R < - 76
A RESOLUTION APPROVING AN AGREEMENT WITH BROWARD
COUNTY FOR LANDSCAPING AND MAINTENANCE OF THE
MEDIAN ALONG NW 31 AVENUE FROM COMMERCIAL BOULEVARD
TO NW 46 STREET; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Agreement for trafficways beautification between
Broward County and the City of Tamarac for Broward County to install the landscaping
and the City to maintain the median strip along NW 31 Avenue from Commercial Boule-
vard to NW 46 Street is hereby approved, a copy of which is attached.
SECTION 2: That the appropriate City officials are hereby authorized and
instructed to execute said agreement on behalf of the City.
PASSED, ADOPTED AND APPROVED this Z3 day of C , 1983.
ATTEST:
gTTY CLERK
I HEREBY CERTIFY tha I have approved
the form and correc Ness of this
Resolution.
C
RECORD OF COUNCIL. VOTE
MAYOPA
DISTRICT I:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
�3,1 b
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M
AGRLEMENT
FOR TRAFFICWAYS BEAUTIFICATION
Between
BROWARD COUNTY
And
THE CITY OF TAMARAC
THIS AGREEMENT made and entered into this day of
, 19 , by and between BROWARD COUNTY, a political sub-
division of the State of Florida (hereinafter referred to as the COUNTY), and
_ The City of Tamarac _. �, a municipal corporation located in
Broward County and organized and existing under the laws of the State of Florida
(hereinafter referred to as the MUNICIPALITY);
W I T N E S S E T H:
WHEREAS, Northwest 31 Avenue from Commercial Boulevard to
Northwest 46 Street
(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 beautify the trafficway(s) by landscaping; and
WHEREAS, the MUNICIPALITY by resolution of its governing body adopted
on the gJS day of oe 19gl, has approved joint beautifi-
cation 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 Commissioners
on the day of , 19 , has likewise approved the joint beau-
tification of the trafficway(s) with the MUNICIPALITY and has authorized the ap-
propriate COUNTY officers to execute this Agreement; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants
and payment hereinafter set forth, the COUNTY and MUNICIPALITY agree as follows:
1. The COUNTY and MUNICIPALITY shall participate in the beautification of the
trafficway(s) in the manner set forth in this Agreement.
GCF#120-1
Rev. 2/26/79 -1-
I
2. The COUNTY shall perform the following:
(a) Prepare or cause to be prepared design plans and specifications for
the beautification of the trafficway(s). Such plans and specifica-
tions shall be reviewed and approved by the Director of the COUNTY'S
Department of Transportation (hereinafter referred to as the "Director").
(b) In accordance with the approved design plans and specifications, land-
scape the trafficway(s) by installing along the trafficway(s) vegetation,
which may include, but is not limited to, plants, trees, shrubberies
and turf.
3. The MUNICIPALITY shall maintain the vegetation installed by the COUNTY along
the trafficway(s) as follows:
(a) The MUNICIPALITY shall properly fertilize all vegetation; keep all veg-
etation as free from disease and harmful insects as practicable; prop-
erly mulch the vegetation beds, keeping them free from weeds; period-
ically 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 ob-
stacle to the use of the trafficway(s); remove and replace all vege-
tation which is dead or diseased or which otherwise falls below the
initial level of beautification of the trafficway(s), 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; and keep litter removed
from the trafficway(s).
(b) If the length of the trafficway(s) or any portion of such length is
(are) coterminous with the jurisdictional boundaries of the MUNICI-
PALITY, the MUNICIPALITY shall coordinate the performance of its
maintenance responsibility pursuant to this Agreement with the gov-
ernmental 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 the MUNICIPALITY
and the adjacent governmental entity or entities and shall provide
for the division of maintenance responsibility and the costs of main-
tenance between the parties to the memorandum. The effectiveness of
this Agreement is conditioned upon and is subject to such executed
Memorandum of Understanding being approved by the Director.
4. If at any time subsequent to the COUNTY'S installation of vegetation along
the trafficway(s) it is determined by the Director that the MUNICIPALITY
is not maintaining the beautified trafficway(s) pursuant to the terms of
this Agreement, the Director shall notify the MUNICIPALITY in writing of
Ll
CCF0120-2 -2-
Aev 2/26/79
m
such deficient maintenance. If the MUNICIPALITY does not correct and im-
prove such deficient maintenance within thrrty (30) days of receipt of the
Director's written notice„ the COUNTY, at the option of the Director, may
cause such deficiencies to be corrected and improved and bill the MUNICI-
PALITY for the costs of such correction and improvement: The MUNICIPALITY
shall remit to the COUNTY the amount so billed within thirty (30) days of
the MUNICIPALITY'S receipt thereof.
S. As a material consideration for the COUNTY'S entry into this Agreement,
the MUNICIPALITY agrees to indemnify, defend, save and hold harmless the
COUNTY from all claims, demands, liabilities and suits of any nature what-
soever 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
or occurrence or omission to act by the MUNICIPALITY, its agents, contrac-
tors or employees.
6. The Director shall decide all questions, difficulties and disputes of what-
ever nature which may arise under or by reason of the beautification of the
trafficway(s) pursuant to the terms of this Agreement.
-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 The City of Tamarac ,
signing by and through •
ATTEST:
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
COUNTY
t BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
GCF#120-3
Rev 2/26/79 -3-
By
(Chairman)
day of
19
r
• r
MUNICIPALITY
WITNESS:
f.
GCF#120-4
Rev 2/26/79 -4-
-This document prepared by
Office of General Counsel
for Broward County, Florida
HARRY A STEWART,
General Counsel
Room 248, Courthouse
Fort Lauderdale, Florida 33301
(305) 765-5105
BY
Assistant General Counsel
City of Tamarac
By
MAYOR �
`7 -
CITY MANAGER
/ - day of _ , 1983