R01-242RESOLUTION NO. ROI-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING EXECUTION OF A RAILROAD
REIMBURSEMENT AGREEMENT FOR THE
CONSTRUCTION OF RAILROAD GRADE
CROSSINGS, INSTALLATION OF TRAFFIC CONTROL
DEVICES FOR RAILROAD GRanDE CROSSINGS,/XlN-D
FUTURE MAINTENANCE AND ADJUSTMENT OF
SAID CROSSINGS AND DEVICES; PROVIDING FOR
THE FUTURE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportau~n is constructing,
reconstructing, or otherwise changing a portion of the public road sysltem, on N.W. 22nd
Avenue (Gateway Blvd.), which shall call for the installation and mainttenance of raikoad
grade crossings and traffic control devices for raikoad grade crossings over or near said
highway; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
]~HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
authorize execution of a Railroad Reimbursement Agreementni w/th the State of
Florida Department of Transportation and the FEC Railway Company for the installation
and maintenance of certain grade crossings and traffic control devices for grade crossings
clesignated as Finance Project ID 41018215701, on N.W. 22® Avenu~ which crosses the
fight of way and tracks of the FEC Railway Company at FDOT/AAR Crossing No.
272476-Y, located in Boynton Beach, Florida.
Section 2. That the City assumes its share of the costs for future maintenance
and/or adjustment of said grade crossings and traffic control devices for grade crossings
as designated in the Railroad Reimbursement Agreement.
Section 3. That the Mayor and City Clerk are hereby authorized to execute
such Agreements with the State of Florida Department of Transportation and the FEC
Railway Company.
Section 4. That this Resolution shall take effect immediately upon passage.
~TTEST:
PASSED AND ADOPTED this oql
P~
day of August, 2001.
Commissioner
UONTROL DEVICES-MUNICIPAL
i(SIGR)
THIS AGREEMENT, made and entered into thi.~ day of
054-001
, 19.,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called
the DEPARTMENT, and Florida East Coast Railway Co.
a corpo~on organized and existing under the laws of F 1 o r ~ d ~
with its Principal place of business in the City of
County of St. Johns
hereinafter called the COMPANY; and the City of
corporation, hereinafter called the CITY.
St. Augustine
,S~ of Florida
Bovnton Beach ,amu~cip~
WITNESSETH:
Wt-IEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of
the Public Road System, designated by the DEPARTMENT as Sob No. 41018 2~ 1 - 5 7-01 ,
~)n N~. 22nd Ave.(Gateway Blvd.)
vhich crosses at grade the fight-of-way and tracks of the COMPANY'S Milepost 2 7 2 4 7 5- Y
FDOT/AARCrossing Number 316+4102' ,atornear n,,y,,rmn B~cb
as shown on the DEPARTMENT'S Plan Sheet No. One
attached hereto as a part hereof; and
NOW, TI4RREFORE, in consiclemtion of the mutual undertakings as herein set forth, the parties
hereto agree as follows:
1.: The COMPANY shall furnish the necessary materials and install Automatic Grade Crossing
Si~tmala Type I v Class IV and/or other traf~m control devices at said location on an
acres! cost basis, and in accordance with the DEPARTMENT'S Plans and Standard Index Number 17882
attached hereto and by reference made a part hereof.
2. ~.After installation of said sigaals is completed, fifty (50) percem of the expense thereof in
maintaining the sa~e shall be b~me by the CITY and fifty (50) percent shall be borne by the COMPANY,
a en
s umemted by the Schedule o.f Annual Cost of Automatic Highway Grade Crossing Devices attached
' -~reto and by thi.q reference made a part hereof and mbject to future revision.
3., After said signals ha~e been installed and found to be in satisfactory working order by the
parties hetet0, the same shall be ~mmedmtely put into service, operated and maintained by the COMPANY
so long as said COMPANY or its successors or assigns shall operate the said signals at said grade crossing;