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HomeMy WebLinkAboutR-2012-074 - Requested the Removal of Portions of SE 5th Avenue, SE 3rd Street and SE 7th Street from Traffic Engineering Agreement RESOLUTION NO. 2012-074 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING THE REMOVAL OF PORTIONS OF SE 5TH AVENUE, SE 3RD STREET AND SE 7TH STREET FROM THE TRAFFIC ENGINEERING AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 21, 1994, Broward County("County") and the City of Dania Beach ("City") entered into a Traffic Engineering Agreement ("TEA"), in which the City granted jurisdictional authority to the County for the installation, operation, and maintenance of traffic control devices on City local roadways; and WHEREAS, the City seeks to exclude portions of SE 5th Avenue, SE 3rd Street and SE 7th Street from the subject Agreement in order for the City to retain its original jurisdiction on these roadway segments pursuant to Florida Statutes, Section 316.006(2)(a), pertaining to the installation, operation, and maintenance of associated traffic control devices which shall conform to the Manual on Uniform Traffic Control Devices ("MUTCD") and applicable specifications of the Florida Department of Transportation; and WHEREAS, the City acknowledges that the transfer back to it of its original jurisdictional authority for the associated traffic control devices requires conformance with the provisions outlined in Florida Statutes, Chapter 316 for exercising such powers and authority, and that the City shall be fully responsible for all actual costs of traffic control, operation, maintenance, repair, enforcement, liability insurance, and indemnification associated with such placement and maintenance of such traffic control devices; and WHEREAS,the City acknowledges that this request, if agreed to by the County, relieves the County of all statutory traffic control responsibilities and liabilities associated with the excluded portions of the subject roadways; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the recitals set forth in the preamble to this Resolution are incorporated by this reference. Section 2. That the City Commission of the City of Dania Beach, Florida, by adopting this Resolution, is seeking to exclude portions of SE 5t' Avenue, SE 3`d Street and SE 71h Street from the existing TEA with Broward County in order for the City to retain its original traffic control jurisdiction on those roadway segments, pursuant to Florida Statutes, Section 316.006(2)(a). Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 12, 2012. ATTEST: rL CU ,q LOUISE STILSON, CMO PATRICIA A. FLURY CITY CLERK MAYOR �PRp's F1�r APPROVED AS TO F RM Ayp CORRECTNESS: THOM S J.XNSBRCP CITY ATTORNEY , 2 RESOLUTION#2012-074