R01-034RESOLUTION R01-,~
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
BOYNTO N ESTATES H O M EOWN E RS'
ASSOCIATION, INC.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Boynton Estates 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
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 Boynton Estates Homeowners'
]
Association, Inc., attached hereto as Exhibit "A"
Section 2. This Resolution will become
effective
immediately
upon passage.
PASSED AND ADOPTED this,~ day of February, 2001.
ATTEST:
City Clerk
CITY OF BOYNT¢)N BEACH, FLO,~RIDA
Vice Mayor
· ~ MUNICIPAL TRAFFIC CONTROL -1URISDICTION AGREEMENT FOR BOYNTON ESTATES
.~/~ CiTY OF SOY,'-~TO~ BEACH
CiTY ~!..~:..-":.~, ~ OFFICE
THIS AGREEMENT, made and entered into this ,~ day of F~,, ~ ~ p,~0~.13~Y and
between:
C1TY OF BOYNTON BEACH, FLORZDA
A munidpal corporation
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
(hereinafter referred to as cl'rY)
and
BOYNTON ESTATES HOMEOWNERS ASSOCZATZON
1 Valencia Drive
Boynton Beach, FL 33436
(hereinafter referred to ASSOCZATZON)
wI-rNESSE-i'H:
WHEREAS, ASSOC[A'I'[ON is the party who owns or controls certain private roads lying
and being in the City of Boynton Beach, Palm Beach County, Rodda; and
WHEREAS, ASSOCZA'I'[ON does not have the power to enact or enforce traffic laws
within the ASSOC[A'rZON nor can it hire others with police power to do so; and
WHEREAS, signs installed on private roads in the ASSOCZATZON "establishing" speed
limits and other restrictions cannot be effectively enforced by the ASSOCL4TION, and violators
often disregard them with impunity; and
WHEREAS, itis the desire of the CiTY to afford some measure of traffic enforcement for
all residents of the C13Y, wherever they may be situated; and
WHEREAS, the funds to provide suffident traffic enforcement for privately owned roads
have not bee provided in the C_R'Y's current budget;
NOW, THEREFORE, the parties agree as follows:
(1) Pursuant to Chapter 316.006(b), Florida Statutes, the ASSOCIATION hereby
grants to cI'rY and cl-rY hereby accepts from ASSOC3ATZON, municipal traffic control
jurisdiction over all those certain private roads in said ASSOCIATZON.
(2) .The CITY OF BOYNTON BEACH POLICE DEPARTMENT shall provi.de traffic
enforcement service on certain private roads in BOYNTON F_5-TATES. 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 ClTY for the actual costs of this increased traffic
control and enforcement, ASSOC~TION shall pay to the CITY the sum of SNone Dollars ($-0-)
per hour for one (1) fully equipped traffic enforcement officer.
(4) The Police Chief shall choose the hours and days of operation, the choices may
be based upon information from the ASSOCIATION and the observations of the Police
Department.
(5) ASSOCIATION shall be billed upon a monthly basis and shall promptly pay such
invoice within ten (10) days of receipt.
(6) Traffic control devices must conform to the requirements contained in the United
States-Department of Transportation Manual on Uniform Traffic Control Devices for Streets
and Highways as adopted by the ab/of 8oynton Beach Cib/Commission. The determination
as to whether the signs meet the warrants 'for installation and/or conform to the manual shall
be made solely by the
(7) To the fullest extent permitted by law, the ASSOCIATION shall indemni~,
defend, save and hold harmless the CITY, its officers, agents and employees, from all claims,
damages, losses and liabilities arising out of or alleged to have arisen out of or in consequence
of the operations, acts, omissions, negligence or tortuous conduct of the ASSOC~.TION or its
agents, officers, servants, independent contractors or employees pursuant to this.Agreement.
Such indemnification shall not include indemnification for damages, losses or liabilities caused
by C1TY's active negligence.
(8) This Agreement may be modified in writing by mutual agreement of the parties.
(9) This Agreement may be terminated by either party upon thirty (30) days written
notice to the other party.
[N WITNESS WHEREOF, ASSOCIATION and CITY have set their hands and seals, as of
the day and year first above written.
APPROVED AS '1'O FORM:
Cib/Attorney ,/"
CITY OF BOYNTON BEACH, FLORIDA
By: ~~~~ .,.,,,,,.',',?')!?!"?,/,.,, · Mayor
. --
BOYNTON ESTATES
By:
STATE OF FLOR/DA )
COUNTY OF PALM BEACH )
in
City Clerk.
The foregoing instrument was acknowledged before me, the undersigned notary public
and for the State of Florida, on the ;~$r~ day of i:¢~r~r~/ , 2001, by
, Mayor and Suzanne Kruse, ,
STATE OF FLOR/DA )
COUNTY OF PALM BEACH )
Notary Public
ll~ ~i~ :~= MY COMMISSiON # CC 913630 JJ
The foregoing instrument was acknowledged before me, the _undersigned
in an. cl for .the state of Florida, on the IG~ day of ~ notary, 2001,publiCby
~ ~)~ ~ , President of BOYNTON ESTAT~_.S.
Notary Public
Personally known to me, or
Produced Identification:
S:ca\agr\Boynton EstatesOll001