69-Q RESOLUTION NO. 69-Q
A RESOLUTION ACCEPTING ON BEHALF OF THE CITY OF BOYNTON
BEACH~ FLORIDA, THE P<ESPONSIBILITY FOR MONTHLY ELECTRIC
SERVICE CHARGES AND CONTINUOUS MAINTENANCE FOR THE TRAFFIC
CONTROL SYSTEM BEING INSTALLED BY THE STATE ROAD DEPART-
MENT AT THE INTERSECTION OF U.S. HIGHWAY NO. 1 AND NORTHEAST
SECOND AVENUE WITHIN SAID CITY.
WHEREAS, The City Council after due consideration, deems it in
the public interest to accept on behalf of the City the responsibility
for the monthly electric service charges and continuous maintenance of
the traffic control system being installed by the State Road Department
at the intersection of U.S. Highway No. 1 and Northeast Second Avenue in
the City of Boynton Beach, Florida.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA:
i Section S: That this Resolution shall be
immediately upon its passage and adoption.
~ PASSED AND ADOPTED THIS 21st day of
Section 1: That the City of Boynton Beach does hereby accept the
responsibility for the monthly electric service charges and continuous
[maintenance for the traffic control system being installed by the State
Road Department at the inter-section of U.S.Highway No. 1 and Northeast
Second Avenue, upon completion of said installation.
Section 2: That a copy of this Resolution be transmitted to the
~ertinent officials of the State Road Department.
ATTEST:
City Clerk [~ --
in full force and effect
July 1969.
RESOLUTION NO. 69 -Q
A RESOLUTION ACCEPTING ON BEHALF OF THE CITY OF BOYNTON
BEACH, FLORIDA, THE RESPONSIBILITY FOR MONTHLY ELECTRIC
SERVICE CHARGES AND CONTINUOUS MAINTENANCE FOR THE TRAFFIC
CONTROL SYSTEM BEING INSTALLED BY THE STATE ROAD DEPART-
MENT AT THE INTERSECTION OF U.S. HIGHWAY NO. 1 AND NORTHEAST
SECOND AVENUE WITHIN SAID CITY.
WHEREAS, The City Council after due consideration, deems it in
the public interest to accept on behalf of the City the responsibility
for the monthly electric service charges and continuous maintenance of
the traffic control system being installed by the State Road Department
at the intersection of U.S. Highway No. 1 and Northeast Second Avenue in
the City of Boynton Beach, Florida.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA:
Section 1: That the City of Boynton Beach does hereby accept the
responsibility for the monthly electric service charges and continuous •
maintenance for the traffic control system being installed by the State
Road Department at the inter - section of U.S.Highway No. 1 and Northeast
Second Avenue, upon completior. 3f sc-- installation.
;_ection 2: That a copy of this Resolution be transmitted to the
pertine: officials of the State Road Department,
.action 3: That this is.esolution shall be in full fc. ce , effect
immediUT_ely upon its passage and adoption.
PASSED AND ADOPTED THIS 21st day of July 1969.
CITY OF BOYNTON BEAC , "AA
Mayor
Vice Mayor
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ATTEST: Coun , - ----z_-- _ - ��
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City Clerk ,%/(
I, TEREESA PADGETT, City Clerk of the City of Boynton Beach, Florida,
do hereby certify that the above is a true and correct copy of Resolution
No. 69 -Q passed and adopted on the 21st day of July, 1969, by the City
Council of the City of Boynton Beach, Florida.
(Seal)
!I/ /��Jj //
_6�'°`i '� /ice/
1' Tereesa Padgett,ty Clerk
July 23, 1969
,I
A
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this .. day of
r ?t , 1970, by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, a component agency of the State
of Florida, hereinafter called the Department, and the CITY OF
BOYNTON BEACH, FLORIDA, hereinafter called the City;
W I T N E S S E T H:
WHEREAS, the City by resolution adopted on July 21, 1969,
has requested the Department to install a traffic signal at
the intersection of S.R. 5 (U. S. 1) and S.R. S -804, in Boynton
Beach, Palm Beach County, Florida, the estimated cost of which
is $15,000, to be identified as T P Project 93 -07;
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the
Department and the City for and in consideration of the premises
and of the sum of One Dollar each to the other in hand paid, the
receipt whereof is hereby acknowledged, do mutually covenant and
agree as follows:
THE DEPARTMENT AGREES:
1. To prepare .plans and specifications for the work invol-
ved, and advertise for bids for the equipment and materials.
The decision as to the type and make of equipment purchased will
be at the Department's discretion.
2. To furnish technical supervision during the installation
phase of the work and finally inspect the completed project.
3. To pay the entire cost of said project using primary
funds therefor.
•
•
THE CITY AGREES:
1. That the equipment shall remain the property of the
Department, and it is hereby understood and agreed that the City
shall not, under any condition, remove the equipment which is the
subject matter of this Agreement for any reason without permission
and written consent of the Department.
2. That it will not change the wiring within the cabinet
or the timing on the traffic signal without prior written approval
from the Department's District Engineer.
3. Upon completion of the installation, to assume the
sole responsibility for the maintenance of said traffic signal, in
accordance with the Department's policies and "Standard Specifica-
tions for Traffic Control Signals and Auxiliary Equipment;" and the
payment for all costs for electricity and electrical charges in-
curred in connection with the operation thereof out of the City's
funds.
4. To indemnify, defend, save and hold harmless the
Department from any claims, demands or liabilities of any nature
whatsoever which may be made or come against the Department by
reason of any kind arising out of any action, negligence, failure
to act, misfeasance, non - feasance or malfeasance of the City its
agents, employees or servants with reference to this Agreement,
or by reason of the maintenance by the City of said traffic signal.
It is mutually agreed that the Department's State Highway
Engineer shall decide all questions, difficulties and disputes of
whatever nature which may arise under or by reason of this Agree-
ment, the prosecution and fulfillment of the services hereunder,
and the character, quality, amount and value thereof, and his
decision upon all claims, questions and disputes shall be final
and conclusive upon the parties hereto provided, however, that
this section is not intended to include the resolutions of dis-
putes arising between the City and third parties.
-2-
IN WITNESS WHEREOF, the parties hereto have caused '
these presents to be executed, the day and year first above 1, A knp 0' u
written.
WITNESSES: STATE 6F F RIDA DEPARTMENT OF
,PROVED TRANSPORTA ION,
r
�-� I 0 id71 4 4e for of Administ ation
City Attorney
J ATTEST: SEAL)
Executiv ecretary
City a ager
CITY OF BOYNTON BEACH, FLORIDA
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- Vv-
Mayor
1
'9A-i` -' �v t 5, ,-� - ,, ATTEST: ,G / e % (SEAL)
As to the C City Clerl
Approved: Approved as to form, legality
Director of Road Operations and x ution
(Initials) (Date) Assis ant Attorney
CERTIFICATE
STATE OF FLORIDA)
COUNTY OF LEON )
I HEREBY CERTIFY that the above and foregoing is true
copy of the original presented to me this day of
, 1970.
Notary Public
APPROVED BY SECRETARY OF TRANSPORTATION
OCT 16 1969 i 7,,,0-
(DATE) (INITIALS)