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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-200Introduced by Temp. #2817 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 1 .�> 2 '33 34 35 36 CITY OF TANIARAC, FLORIDA RESOLUTION NO. R-83- v0 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR TP.AFFICWAYS ILLUMINATION WITH BROWARD COU14TY FOR THAT PORTION OF N.W. 31 AVENUE FROM N.W. 46 STREET TO COMMERCIAL BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the proper City officials are hereby authorized to execute an Agreement for Trafficways Illumination with Broward County for that portion of N.W. 31 Avenue from N.W. 46 Street to Commercial Boulevard as the City's pro rata share for eight (8) 250-watt luminaires along this trafficway. A copy of said Agreement is attached hereto as Exhibit "A". SECTION 2: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this „,�,%�day of 1983. MA ATTEST: ASSISTANT C T CLERK I HEREBY CERTIFY that I have approved the fo and correct- ness this R solution. MAYOR: DISTRICT T TORNEY DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE ``NI I I o200 A G R E E M E N T FOR TRAFFICWAYS ILLUMINATION Between BROWARD COUNTY AND CITY OF TAMARAC 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 CITY OF TAMARAC , 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 S E T H: WHEREAS, NW 31 AVENUE FROM NW 46 STREET TO COMMERCIAL BOULEVARD (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 27th day of July , 19 83, 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: _ 1. The COUNTY and MUNICIPALITY sYiall participate in the illumination of the'trafficway(s) in the manner set forth in this Agreement. GCF#119-1 Rev 5/22/79 -i- ww 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 Department of Transportation (hereinafter re- ferred 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 Director. (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 COUNTY shall keep in good repair and replace defective or wornout lighting system parts and equipment. 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 (are) coterr-iinous with the jurisdictional PALITY, 'the MUNICIPALITY shall pay number of street lights based on the along the referenced trafficway. The MUNICIPALITY along this trafficway is as 8 — 250 MAT!' LUMINAIRES portion of such length is boundaries of the MUN I C I - the utility charges for a MUNICIPALITY'S frontage pro rata share for the follows: (c) Notify COUNTY promptly when MUNICIPALITY, its agents, contrac- tors, or employees, receives notice, or has or should have either actual or constructive knowledge, of any and all defects, imperfec- tions, malfunctions, or failings of the lighting system. A. As a material consideration for the COUNTY'S entry into this Agreement, to the extent allowed by law, the MUNICIPALITY agrees to indemnify, GC F#119-2 Rev 5/22/79 -2- 1 11 1 1 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 CITY OF TAMARtAC signing by and through its Mayor _ duly authorized to execute same. ATTEST: County Administrator and Ex- Officio Clerk of the Board of County Commissioner of Broward County, Florida GCF#119-3 Rev 5/22/79 COUNTY -3- BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By day of Chairman , 19 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 Telephone: (305) 765-5105 By Assistant .General Counsel MUNICIPALITY WITNE CITY OF UtLWC . ey au a Z. ® u ans, ity Manager Walter W. Falck-, Mayor _ a7 day of C-arol A. Evans, A sistant City Clerk GCF#119-4 Rev 5/22/79 -4- A I