R99-070RESOLUTION R99-
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
NAUTICA SOUND HOMEOWNERS' ASSOCIATION,
INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Nautica Sound 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, 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
execute the Municipal Traffic Control Jurisdiction Agreement between
the City of Boynton Beach, Florida and Nautica Sound Homeowners'
Association, Inc., attached hereto as Exhibit "A"
t
Section 2. This Resolution will become effective immediately
upon passage.
PASSED AND ADOPTED this
day of June, 1999.
(Corporate Seal)
S: c~e~a¢~e nts/BBF D~c~o~
¢
Traffic Enf,
CITY ~ BOY~.T)N BE,~CH, FLORIDA
Commissioner
Commissioner
Commissioner
MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR NAUTICA
SOUND HOMEOWNER'S ASSOCIATION, INC. ,
THIS AGREEMENT, made and entered into this
between:
day of ,1999, by and
CITY OF BOYNTON BEACH, FLORIDA
A municipal corporation
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
(hereinafter referred to as C1TY)
and
NAUTICA SOUND HOMEOWNERS' ASSOCIATION, INC.
Glen Management Services Co.
4301 Oak Circle, Suite 23
Boca Raton, FL 33431
(hereinafter referred to ASSOCIATION)
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, and violators
often disregard them with impunity; and
WHEREAS, it is the deSire of the ClTY to afford some measure of traffic enforcement for
all residents of the CI'I'Y, wherever they may be situated; and
WHEREAS, the funds to provide sufficient traffic enforcement for privately owned roads
have not bee provided in the CiTY's current budget;
NOW, THEREFORE, the parties agree as follows:
(1) Pursuant to Chapter 316.006(b), Florida Statutes, the ASSOC~TION
grants to CITY and CiTY hereby accepts from ASSOCIATION, municipal traffic
jurisdiction over all those certain private roads in said ASSOCLa, TION.
hereby
control
(2) The CITY OF BOYNTON BEACH POLICE DEPARTMENT shall provide traffic
enforcement service on certain private roads in NAUTICA SOUND. This level of service shall
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 C~-I-Y for the actual costs of this increased traffic
control and enforcement, ASSOCIAT]:ON shall pay to the C~-Y the sum of SNone Dollars ($-0-)
per hour for one (1) fully equipped traffic enforcement officer.
(4) The Police Chief shall choose the hours and days of operation, the choices may
be based upon information from the ASSOCIATION and the observations of the Police
Department.
(5) ASSOC~T]:ON shall be billed upon a monthly basis and shall promptly pay such
invoice within ten (10) days of receipt.
(6) Traffic control devices must conform to the requirements contained in the United
States Department of Transportation Manual on Uniform Traffic Control Devices for Streets
and Highways as adopted by the City of Boynton Beach City Commission. The determination
as to whether the signs meet the warrants for installation and/or conform to the manual shall
be made solely by the C~i'Y.
(7) To the fullest extent permitted by law, the ASSOCIATION shall indemnify,
defend, save and hold harmless the C~-I-Y, its officers, agents and employees, from all claims,
damages, losses and liabilities arising out of or alleged to have arisen out of or in consequence
of the operations, acts, omissions, negligence or tortuous conduct of the ASSOCIATION or its
agents, officers, servants, independent contractors or employees pursuant to this Agreement.
Such indemnification shall not include indemnification for damages, losses or liabilities caused
by C~TY's active negligence.
(8) This Agreement may be modified in writing by mutual agreement of the parties.
(9) This Agreement may be terminated by either party upon thirty (30) days written
notice to the other party.
IN W~'I'NES$ WHEREOF, ASSOC:[A'I'~ON and C~'I'Y have set their hands and seals, as of
the day and year first above written.
C~TY OF B,~NTO~/I~.~, FLOR.I:DA
/Mayor / ~._,)
APPROVED AS TO FORM:
City Attorney ~
NAUTICA SOUND HOMEOWNERS ASSN., INC.
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
City Clerk.
The foregoing instrument was acknowledged before me, the undersigned notary public
in and for the State of Florida, on the ~' day of ,-;"~-.,,/~' ., 1999, by
FT. ~-~/,,v~ ., Mayor and Suzanne Kruse, ,
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Notary Public
~Commission # CC 7604~?
Expires July 19, 2002
~NDED THRU
in
v/Personally known to me, or
Produced Identification:
The foregoing instrument was acknowledged before me, the undersigned notary public
and for the State of Florida, on the ~ day of ~,1o~ , 1999, by
0o0~,~$ ~. c~.t;.y , President of Nautica Sound Homeowners' Association.
Notary Public
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I SHSn~ B BERN'ER I
INo'rARY PUBUC STATE OF FLORIDA !
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S:ca\agr\Nautica Sound Traffic Enf