HomeMy WebLinkAboutR-1993-094 RESOLUTION NO. 9 4-9 3
A RESOLUTION OF THE CITY OF DANIA, FLORIDA.
APPROVING THE TRAFFIC ENGINEERING
AGREEMENT BETWEEN BROWARD COUNTY AND
THE CITY OF DANIA: AND PROVIDING FOR AN
EFFECTIVE DATE. j
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BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, �((
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FLORIDA: f
Se .tiC on 1. That that certain Traffic Engineering Agreement between f
Broward County and the City of Dania, a copy of which is attached hereto as
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Exhibit "A", be and the same is hereby approved and the appropriate city officials
are hereby authorized to execute same.
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Sectio, That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED and ADOPTED this 22nd day of June 1993.
{ ATTEST: `
Mayor - Commissioner l
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City ClerkeAuditor I
APPROVED AS TO FORM AND CORRECTNESS i
1!116/ .L-�
Frank C. Adler, City Attorney
RESOLUTION NO . 94-93
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TRAFFIC ENGINEERING AGREEMENT
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Between
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BROWARD COUNTY
And
CITY OF DANIA
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r'I EXHIBIT "A"
IC tIGTRAEEIt
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Between
� BROWARD COUNTY -
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And
CITY OF DANIA
This is a Traffic Engineering Agreement made and entered into
a political subdivision of the State
its successors and assigns, hereinafter referred to as
by and between BR COUNTY, Commissioners,
of Florida el through its Board of County
"COUNTY,
AND
a municipal corporation located
OF DANIA and organized and existing under the
CITY Florida,
in Broward County, Florida, its successors and assigns,
laws of the State of ,CITY" ;
hereinafter referred to as
l W I T N E S S E T H:
Florida Statutes, grants
316.006 (2) , highways
WHEREAS, Section and grants
final jurisdiction over
state roads,and t
municipalities original excep
located within their boundaries, Control Devices
lace and maintain rafficc control devices
said cities authorityt tetManuaI on Uniform with Roadway
which conform Highway Administration and Department
published by the Federal romulgated by the Florida Dep their
Standards p hways under
and Traffic Design all streets and hig to indicate
of Transportation uponas they shall deem necessary, regulate
original jurisdiction, ter 316 or to
and to carry out the provisions of Chap
warn, or guide traffic; and
CITY OF DANIA presently has a traffic
WHEREAS, ion
authorized and directed to carry out the
engineering Section 316.006(2) . Florida Statutes; and
matters authorized by Section 1.050, provides
I Charter,
WHEREAS, the Broward County ower and authority to assume
that county government shall have obligations now or hereinafter
perform all functions andshall
and p any municipality whenever such function
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request the performance or transfer of the function to the COUNTY;
and
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WHEREAS, it has been determined that a centralized agency
responsible for the installation, operation and maintenance of
traffic control devices, throughout Hroward County, Florida, is the f
most economical and efficient means of providing such needed `
service; and
WHEREAS, as part of this centralization of function, CITY and
COUNTY have agreed to transfer the functions, authority, powers,
i responsibilities 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 this Agreement,
CITY has agreed to transfer to COUNTY certain equipment, materials
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and supplies enumerated hereunder; and
WHEREAS, Section 125. 01 (3) , Florida Statutes, 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:
ARTICLE 1
TRANSFER OF FUNCTIONS AND DUTIES
1. 1 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 where warranted to govern
traffic.
(b) Install and maintain traffic signals where warranted.
(c) Prohibit or restrict left, right and U-turns.
(d) Designate crosswalks, establish safety zones and mark
traffic lanes, including school zones.
(e) Designate one-way streets.
(f) Establish no-parking, no-standing and no-stopping
regulations.
(g) Establish emergency and experimental regulations.
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(h) Establish on-street true'-; and passenger loading Zones.
(i) Establish speed limits in accordance with nationally
recognized standards.
(j) Establish no-passing zones.
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(k) Designate public carrier stands. •
(1) Establish traffic control guidelines for all roadway
construction and maintenance operations.
(m) Prohibit use of streets by trucks.
(n) Prohibit use of streets by bicycles.
(o) Install and maintain street name signs.
1. 2 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 actual
notice of any and all defects, malfunctions, failings or
imperfections in the installation or operation of traffic
regulation equipment, signs, and signals as encompassed under
this Agreement or if any said equipment, signs and signals are
in need of repair, replacement or maintenance. CITY shall give
notification to COUNTY by contacting the Broward County
Traffic Engineering switchboard operator at 484-9600; then
follow-up the verbal notification with written notice to the
COUNTY.
1. 3 Notwithstanding the above, the CITY shall remain responsible
for the trimming and/or removing of any plant growth that
blocks or obstructs any traffic control device (or street
sign) . The COUNTY shall have the duty and obligation to
' notify CITY promptly when COUNTY receives actual notice of any
f!! obstruction of traffic control devices or signage. COUNTY
shall give said notice by calling CITY 'S Citizen Service at
i CITY'S Citizen Service shall then notify the
appropriate CITY department.
1. 4 All regulations established by the Traffic Engineering
Division of COUNTY shall be made only after an engineering
study has shown that the regulation is proper. All signs,
signals and markings and the placement thereof shall be in
conformance with the Manual on Uniform Traffic Control Devices
published by the Federal Highway Administration and with
Roadway and Traffic Design Standards promulgated by the
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Florida Department of Transportation. No regulation will be
effective unless proper signs, signals and/or markings are in
place. y
ARTICLE 2
ENCROACHMENTS
j 2. 1 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 constitute a traffic I `
hazard. If the COUNTY Traffic Engineering Division determines ! o
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 Engineering 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
constitutes traffic hazards.
2.2 If the COUNTY Traffic Engineering Division does so determine
that any of such encroachment agreements 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
encroachments at CITY ' S expense.
ARTICLE 3
RETENTION HY 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.
ARTICLE 4
TRANSFER OF MATERIALS. SUPPLIES AND EQUIPMENT
1J The CITY transfers ownership to the COUNTY of those materials,
supplies and equipment contained within and used exclusively
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-; 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.
ARTICLE 5
TgANSFEg 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.
ARTICLE 6
PAYMENT OF UTILITIES FOE mnAFFIC CONTROL DEVICES
1 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.
ARTICLE 7
1 SSIGNMENT OF CITY 'S OUTSTANDING AGREEMENTS
1 The CITY hereby assigns to the COUNTY all the rights and I
j duties of existing outstanding agreements of the CITY Traffic
Engineering function, 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. "
ARTICLE 8
COUNTY TO PROVIDE NECESSARY FINANCIAL SUPPORT
UNDER AGREEMENT
I The COUNTY agrees to provide in its annual budget the
i financial support necessary for the purpose set forth in this
JI Agreement.
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`.RTICLE 9
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APP I ATION FOR STATE AND FEDERAL GRANTS BY COUNTY
The CITY agrees to allow the COUNTY to apply for and accept i -
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.
ARTICLE 10
CITY ORDINANCES TO CONFOR14 TO AGREEMENTS
The CITY agrees to make whatever changes to its code of
ordinances that are necessary to fully implement the
provisions of this Agreement.
ARTICLE 11
REASONABLE REQUESTS OF CITY
11. 1 The COUNTY and the Traffic Engineering Division of COUNTY
implement all reasonable written
agree to accede to and to
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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 Article 1 herein
so long as such requests accord with the National Manual on
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Uniform Traffic Control Devices and specifications of the
k State Department of Transportation and commonly accepted
standards of traffic engineering.
11.2 No request
tiof CofYAras set ticle 13rbelowth rein shall alter or affect
ARTICLE 12
INDEMNIFICATION
12 . 1 COUNTY shall indemnify, hold harmless and defend CITY for all
claims and damages incurred as a result of work performed by
COUNTY, its agent or employees, pursuant to the terms of this
Agreement to the extent allowed by law.
12 .2 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 actual notice of any
and all defects, imperfections, malfunctions, or failings of
the traffic regulation equipment, signs or signals or any
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required repairs, replacement or maintenance of the traffic
regulation equipment, signs or signals provided under the
j terms of this Agreement.
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12 . 3 The provisions of Sections 12. 1 and 12 . 2 above shall survive
the expiration or earlier termination of this Agreement.
1 g$TICL•E 13 t�
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CANCELLATION
13 . 1 This Agreement may be canceled 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.
13 .2 On or before the effective date of such cancellation, the
COUNTY shall transfer to the CITY an inventory comparable to
that described in Articles 4 and 5 hereinabove and the
exhibits related thereto, or at the option of the CITY, COUNTY
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.
ARTICLE 14
rnyENENT MARKINGS AFTER RESURFACING OF ROADWAY
i CITY agrees to install permanent pavement marking materials,
either thermoplastic or preformed tape as approved by Broward
i County Traffic Engineering Division, on all roadway
i. resurfacing projects.
ARTICLE 15
NOTICES
Whenever either party desires to give notice unto the other,
such notice must be in writing, sent by registered United
States mail, return receipt requested, addressed to the party
for whom it is intended at the place last specified; and the
place for giving of notice shall remain such until it shall
have been changed by written notice in compliance with the
provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving of
notice:
FOR BROWARD COUNTY:
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FOR CITY:
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ARTICLE 16
AMENDMENTS
No modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in
a written document executed with the same formality and of equal
dignity herewith.
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IN WITNESS WHEREOF, the parties hereto have made and executed w 3e
this First Amendment to Agreement on the respective dates under
each signature: BROWARD COUNTY through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Chair or Vice Chair,
authorized to execute same by Board action on the day of � }A;
19 and
signing by and through its MAYOR, duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and
Ex-Officio Clerk of the By
Board of County Chair
Commissioners of Broward
County, Florida day of 19
Approved as to form by
office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR. , County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
{ Fort Lauderdale, Florida 33301
!I Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
Mary Frances Bakke
Assistant County Attorney i
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fTRAFFIC AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
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DANIA
CITY
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ATTEST: CITY OF DANIA i .
1.
By
MAYOR
CITY CLERIC day of June , 19 93 f
APPROVED AS TO FORM:
By
CITY ATTORNEY Cit Manager
STATE OF FLORIDA )
) ss.
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me, the
undersigned Notary Public in and for the State of Florida, on this
day of June , 1993, by Bobbie H . Grace, Robert F. Fla%a W
Wanda Mu i in, ayor, City Manager and City %-Ierx respectively. The
individuals who signed are personally known to me and no identification
was produced and oaths were taken.
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(SEAL) Notary Pub l c, State of Florida
Print or type name of Notary
Public exactly as commissioned
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