HomeMy WebLinkAboutCity of Tamarac Resolution R-83-200Introduced by
Temp. #2817
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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
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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