R99-141RESOLUTION R99- /~J
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A MUNICIPAL TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA AND
WELLESLEY AT BOYNTON BEACH
HOMEOWNERS' ASSOCIATION, INC.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Wellesley at Boynton Beach Homeowners'
Association, Inc., (hereinafter referred to as "Association") owns or
controls certain private roads lying and being in the City of Boynton
Beach, Florida; and
WHEREAS, the Association does not have the power to enact or
enforce traffic laws within the Association, nor can it hire others with
police power to do so; and
WHEREAS, pursuant to Chapter 316.006(b), Florida Statutes,
the Association hereby grants to the City of Boynton Beach, municipal
traffic control jurisdiction over all those certain private roads in said
Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida does hereby authorize and direct the Mayor and City Clerk to
9xecute the Municipal Traffic Control Jurisdiction Agreement between
the City of Boynton Beach, Florida and Wellesley at Boynton Beach
Homeowners' Association, Inc., attached hereto as Exhibit "A".
Section 2. This Resolution will
upon passage.
PASSED AND ADOPTED this ~.
become effective immediately
day of OctcSc;, 1999.
ATTEST:
(~l~rk
(Corporate Seal)
M~,-o7,--~7/:, '
v
ic~/Vlayo r '
Mayor Pro Tern
Commissioner
Commissioner
2
Requested City Commission
Meeting* Dates
[] July 20, 1999
[] August 3, 1999
[] August 17, 1999
[] September 7, 1999
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date FinaI Form Must be Turned
in to City Clerk's Office
July 7, 1999 (5:00 p.m.)
July 21, 1999 (5:00 p.m.)
August 4, 1999 (5:00 p.m.)
August 18, 1999 (5:00p.m.)
Requested City Commission
Meeting Dates
[] September 2I, 1999
[] October 5, 1999
[] October 19, 1999
[] November 2, 1999
IV-CONSENT AGENDA
ITEM C.1
Date Final Form Must be Turned
in to CiW Clerk's Office
September 8, 1999 (5:00p.m.)
September 22, 1999 (5:00 p.m.)
October 6, 1999 (5:00 p.m.)
October 20, 1999 (5:00 p.m.).
[] Administrative [] Development Plans
NATLTRE OF [] Consent Agenda [] New Bus/mess
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfin/shed Bus/mess
[] Announcement [] Presentation
RECOMMENDATION: That we approve the request of Wellesley for traffic enforcement in their development.
ExPLANATION: The Wellesley community is a private community and their roads are also private. They have
requested that the police department provide traffic enforcement within their community.
PROGRAM IMPACT: There will be no impact to the city as the police department already patrols this~,~or
criminhl activity. ~[ ~
ALTERNATIVES: There are no alternatives to this request other then leaving the situ~uo.
~ Depa~trnent Head s Signature
Boynton Beach PoLice Dept.
Department Name
City Attorney / Finance / Human R{~sources
S :kB ULLETINkF O RaM S ~AGENDA ITEM REQUEST FORM.DOC
WELLESLEY ~ BOYNTON BEACH HOMEOWNERS ASSOCIATION
City of Boynton Beach
Boynton Beach Police Department
100 East Boynton Beach Blvd
Boynton Beach, FI 33425
ATTENTION: Sergeant Eric Jensen
Dear Sergeant Jensen:
The Board of Directors of Wellesley at Boynton Beach located at 100 Meadows
Blvd does hereby authorize the Boynton Beach Police Department to enter our gated
Community to enforce all posted Traffic Control Signs. Such as speed limit, stop Signs
and parking on the street. We feel this is necessary to avoid potential serious
accidents, for many of our residents are not obeying the posted signs. Also your more
frequent patrol of our community should serve as a detriment to the offenders to
continue their non compliance and bad driving habits within the community. Thank You
for your immediate response to this request.
Vincent Ulissi, President
Terd Wright, Vice President
Eli Hoffstein, Treasurer
Bob Muller, Secretary
Board of Directors
We.!~es~at Boynton Beach HOA
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
r cO: Lt. Esposito DATE:
SUBJECT:
J~'ROM: Sgt. Thompson REFERENCES:
ENCLOSURES:
10-4-99 FILE:
Agreement from the Wellesley Development
Lt. Esposito, I just received the notorized copy of the agreement from the Wellesley Homeowners Association
which needs to be forwarded through the chain of corrm~and and the city.
TOUCHSTONE WEBB MANAGEMENT COMPANY, INC.
Licensed Community Assoclatfon Managers
5710 South Dixie Highway, Suite A
West Pahn Beach, Florida 33405 ~~,
(561) 547-4001 ~ Fax (561) 547-536~
WELLESLEY @ BOYNTON BEACH HOMEOWNERS ASSOCIATION
City of Boynton Beach
Boynton Beach Police Department
100 East Boynton Beach Bird
Boynton Beach, FI 33425
ATTENTION: Sergeant Eric Jensen
Dear Sergeant Jensen:
The Board of Directors of Wellesley at Boynton Beach located at 100 Meadows
Blvd does hereby autherize the Boynton Beach Police Department to enter our gated
Community to enforce all posted Traffic Control Signs. Such as speed limit, stop Signs
and parking on the street. We feel this is necessary to avoid potential serious
accidents, for many of our residents are not obeying the posted signs. Also your more
frequent patrol of our community should serve as a detriment to the offenders to
continue their non compliance and bad driving habits within the community. Thank You
for your immediate response to this request.
Vincent Ulissi, President
Terri Wright, Vice President
Eli Hoffstein, Treasurer
Bob Muller, Secretary
Board of Directors
Wel~-~at Boynton Beach HOA
MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR
WELLESLEY AT BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC.
THIS AGREEMENT, made and entered into this /5" day of ~ .1999, by
and between: ~
-'CITY OF BOYNTON BEACH, FLORIDA
A municipal corporation
"100 East Boynton Beach Boulevard
Boynton beach, FL 33425
(hereinafter referred to as CITY)
and
WELLESLEY AT BOYNTON BEACH
HOMEOWNERS' ASSOCIATION, INC.
Seacrest Services, Inc.
3700 Georgia Avenue
West Palm Beach, FL 33405
WITNESSETH:
WHEREAS, ASSOCIATION is the party who owns or controls certain private roads
lying and being in the City of Boynton Beach, Palm Beach County, Florida;and
! WHEREAS, ASSOCIATION does not have the power to enact or enforce traffic
laws within the ASSOCIATION nor can it hire others with police power to do so; and
WHEREAS, signs installed on private roads in the ASSOCIATION establishing
speed limits and other restrictions cannot be effectively enforced by the ASSOCIATION,
ahd violators often disregard them with impunity; and
WHEREAS, it is the desire of the CITY to afford some measure of traffic
ehforcement for all residents of the CITY, wherever they may be situated; and
WHEREAS, the funds to provide sufficient traffic enforcement for privately owned
roads have not been provided in the CITY's current budget;
NOW, THEREFORE, the parties agree as follows:
(1) Pursuant to Chapter 316.006(b), Florida Statutes, the ASSOCIATION
hereby grants to CITY and CITY hereby accepts from ASSOCIATION, municipal traffic
control jurisdiction over all those certain private roads in said ASSOCIATION.
: (2) The CITY OF BOYNTON BEACH POLICE DEPARTMENT shall provide
traffic enforcement service on certain private roads in WELLESLEY AT BOYNTON
B~CH. This level of service shall
' j
be determined solely by the City of Boynton Beach Chief of Police and shall be based
upon the availability of police personnel.
(3) In order to reimburse the CITY for the actual costs of this increased traffic
control and enforcement, ASSOCIATION shall pay to the CITY the sum of SNone
Dollars ($-0-) per hour for one (1) fully equipped traffic enforcement officer.
(4) The Police Chief shall choose the hours and days of operation, the choices
may be based upon information from the ASSOCIATION and the observations of the
Police Department.
(5) ASSOCIATION shall be billed upon a monthly basis and shall promptly pay
such invoice within ten (10) days of receipt.
(6) Traffic control devices must conform to the requirements contained in the
United States Department of Transportation Manual on Uniform Traffic Control Devises
for Streets and Highways as adopted by the City of Boynton Beach City Commission.
The determination as to whether the signs meet the warrants for installation and/or
conform to the manual shall be made solely by the CITY.
(7) To the fullest extent permitted by law, the ASSOCIATION shall indemnify,
defend, save and hold harmless the CITY, it officers, agents and employees, from all
claims, damages, losses and liabilities arising out of or in consequence of the operations,
acts, omissions, negligence or tortuous conductor the ASSOCIATION or its agents,
officers, servants, independent contractors or employees pursuant to this Agreement.
Spch indemnification for damages shall not include indemnification for damages, losses
or liabilities caused by CITY's active negligence.
(8)
parties.
This Agreement may be modified in writing by mutual agreement of the
(9) This Agreement may be terminated by either party upon thirty (30) days
Written notice to the other party.
IN WITNESS WHEREOF, ASSOCIATION and CITY have set their hands and
seals, as of the day and year first above written.
APPROVED AS TO FORM:
City Attorney
DATE:
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
WELLESLEY AT BOYNTON BEACH
The foregoing instrument was acknowledged before me, the undersigned notary
public in and for the St.a~e of Florida, on the .~- day of /V0~'em b~,'~, 1999, by _
~.~cb ~. ~A~,/~ , Mayor and Suzanne Kurse, ,
Ci~ Clerk. ~
NOTARY PUBLIC
STATE OF FLORIDA ) %~ ~ir~ Ja~19~ ~
'~ ~' 8ONDED THR~
COUN~ OF PALM B~CH ) ' ~T~CaOND~.~C~ '
The foregoing instrument was acknowledged before me, th¢~un, clersigned notary
pUblic, in and for the State of Florida, on the /~-~.day of ..~-~-,.,v(~, 1999, by_
~,~'~,~, ~' ~/,~'! ~'$ / , President of WELLESLEY AT BOYNTON BEACH
HOMEOWENRS ASSOCIATION.
NOTARY ~UBLIC ~"
Personally known to me, or
Produced Identification: