83-JJJA RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA APPROVING
AND AUTHORIZING THE EXECUTION OF A
TRAFFIC CONTROL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the Mayor and City Clerk are
hereby authorized and directed to execute on behalf of the
City of Boynton Beach, Florida, the Traffic Control Agreement
for the intersection of SE 23rd Avenue and U.S. 91 between
the City of Boynton Beach and Palm Beach County.
PASSED AND ADOPTED this 6th day of September, 1983.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
City~rk
(Corp. Seal)
TRAFFIC CONTROL AGREEMENT FOR THE INTERSECTION
OF Southeast 23rd Avenue & SR-5 (US-1)
This Traffic Control Agreement made and entered into on the date
specified herein by and between Palm Beach County, a political subdivision of
the State of Florida, hereinafter called the COUNTY, and the City of Boynton
Beach, hereinafter called the MUNICIPALITY:
'~{EREAS, the COUNTY and the MUNICIPALITY are authorized to enter into
this Agreement by Section 125.O1 (1) (p) Florida Statutes, as amended, which
section permits the COUNTY to enter into agreements with other governmental
agencies for the performance of governmental functions by one unit in behalf
of ~e other; and
WHEREAS, it is in the best interest of both the COUNTY and the
MLE{iCiPALiTY to insure uniform traffic control through the road and street
systems of Palm Beach County in order to provide an integrated and balanced
traffic network.
NOW, THEREFORE, in consideration of the mutual covenants, promises
and representations herein, the parties hereto agree as follows:
1. PD~POSE OF CONTRACT:
The purpose of this Contract is to provide for the uniform
maintenance and operation of the traffic control devices to be located at
Southeast 23rd Avenue & SR-5 (US-1) within the corporate limits of the
MUNICIPALITY and described specifically as a traffic signal device and
appurtenant signing to provide that the COUNTY assume all installation,
operational and maintenance responsibilities for said traffic control
devices. The purpose of the Contract is to further provide that the
MUNICIPALITY relinquish any jurisdictional rights and responsibilities it
might have over the specified traffic control devices for the duration of the
Agreement.
2. CONSIDERATION AND ~CHANICS OF THE CONTRACT
The COUNTY agrees to undertake the installation,, maintenance, and
operation of those traffic control devices to be located at Southeast 23rd
Avenue & SR-5 (US-1) within the corporate limits of the MUNiCIPALiTY and
described specifically as a traffic signal device and appurtenant signing,
for a period of ten (10) years from the date of this Agreement. Such
agreement by the COUNTY includes the assumption by the COU~{TY of all the
contractual responsibilities of the MUNICIPALITY stated in any Traffic Signal
Agreement entered into by and bet~een the MUNICIPALITY and the State of
Florida Department of Transportation for the traffic signal or signals
located at Southeast 23rd Avenue & SR-5 (US-I), provided same are disclosed
to COUNTY prior to COUNTY'S execution hereof. ?ne MUNICIPALITY agrees to
relinquish, disclaim and disavow any jurisdictional rights or
responsibilities it may have with regard to the described tr. affic control
devices for the period of ten (10) years and hereby assigns to COUNTY its
rights and responsibilities under any Traffic Signal Agreement, disclosed as
above required, entered into by and between the MUNICIPALITY and the State oi
Florida Department of Transportation for the traffic signal or signals
located at Southeast 23rd Avenue & SR-5 (US-1). It is further agreed by the
parties that should either party not desire to renew this Agreement between
the 'COUNTY and the MUNICIPALITY at the end of the ten (10) year contract
period, the COUNTY will retain ownership of the above described traffic
control devices which have been installed by the COUNTY and shall have the
right, duty and responsibility to remove said devices and make what
t 0
disposition it deems appropriate of them within thirty %3 ) days of the
expiration of the Contract. Unless cancelled in writing by either party,
this agreement shall be automatically renewed for an addi~ional ten (10) yea~
period upon the tenth anniversary of its execution.
Should this Agreement be cancelled, modified, or abridged by mutual
consent of the parties prior to the end of its expiration date, the COUNTY
shall maintain ownership and the incumbent rights of removal and disposition
of the traffic control devices at all times.
All of the foregoing provisions shall be subject to funding by the
Board of County Commissioners of Palm Beach County upon a year-to-year basis;
and should such funding not be provided in any particular year, this
Agreement shall be automatically cancelled and rendered null and void from
the beginning of that fiscal year and all subsequent years.
Both parties hereby agree that each party shall be responsible for
damages caused by its own negligence, and further that MUNICIPALITY and
COUNTY further mutually covenant and agree that in the event liability for
property damages or personal i~jury to third persons is imposed upon either
of said parties purely on a technical or derivative basis as a result of the
negligence of the other party, the party hereto whose negligence occasioned
the imposition of such derivative or technical liability upon the other party
shall indemnify said other party but only to the extent of the specific
monetary limitations of liability reflected in SecTion 768.28 (5) F.S.
3. COUNTERPARTS OF AGREEMENT:
This Agreement may be simultaneously executed in two counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one in the same instrument.
~ · INTERPRETATION:
All words used herein in the singular form shall extend to and
include the plural. All words used in the plural form shall extend to and
include the singular. All words used in any gender shall extend to and
include all genders.
The Agreement shall become effective upon execution by the
MUNICIPALITY and the COUNTY.
ATTEST:
By
(SEAL)
ATTEST:
City Clerk
John B. Dunkle, Clerk
Deputy Clerk
APPROVED AS TO FOPJ~ AND
LEGAL SUFFICIF~NCY
BY
City Attorney
APPROVED AS TO FOPJ~ AND
LEGAL SUFFICIENCY
BY
County Attorney
CITY OF BOYNTON BEACH, FLORIDA
Mayor
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY C0)E~ISSIONEES
Chairman