R92-175RESOLUTION NO. R92-/~'~
A RESOLUTION OF THE CITY CO~ISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CERTAIN UTILITY RELOCATION
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE ADJUSTMENT, CHANGE OR RELOCATION OF
CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY
LIMITS OF FEDERAL HIGHWAY FROM THE BOYNTON
CANAL NORTH TO HYPOLUXO ROAD; AUTHORIZING THE
DIRECTOR OF UTILITIES TO EXECUTE THE
CORRESPONDING UTILITY RELOCATION SCHEDULE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has deemed it to be in the best interest of the
residents and citizens of the City of Boynton Beach to enter
into an agreement for the adjustment, change or relocation of
certain u~ilities within the right-of-way limits of Federal
Highway from the Boynton Canal north to Hypoluxo Road with the
Florida Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby
authorized to execute a certain Utility Relocation Agreement
between the City of Boynton Beach, Florida and Florida
Department of Transportation for the purpose of adjustment,
change or relocation of certain utilities within the right-of-
way limits of Federal Highway from the Boynton Canal north to
Hypoluxo Road.
Section 2. The Director of Utilities is hereby
authorized to execute the corresponding Utility Relocation
Schedule.
Section 3. This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~ day of October, 1992.
ATTEST ~
CiG Clerk
(Corporate
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
ner
loner
FORM 723-36
1-83
PAGE 1 OF 1
I COUNTY I SECTION
~ 010
STalE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF PRECONSTRUCTION AND DESIGN
OI '. SOLUTION
I UTI 'ITY NO I STA E Ro'-D NO I COUNTY Ip OEL ./W NO1
~ 5 ~ B~ch J N/A
A RESOLUTION AUTHORIZING EXECUTION OF A UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE OR
RELOCATION OF A CERTAIN UTILITI, ES WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND
PROVIDING WHEN THIS REsOLuTi~N sHALL TAKE EFFECT.
RESOLUTION NO.
ON MOTION OF Cormmissioner (Councilman)
Commissioner (Councilman) , seconded by
adopted: , the following Resolution was
WHEREAS, the State cf Florida Department of Transportation has located and proposes to
construct or reconstruct a part of State Road 5 ,
AND WHEREAS, in order for the State of Florida Department of Transportation to further
and complete said project· it is necessary that certain utilities and/or facilities
within the Right-of-Way limits of said State Road 5 be adjusted, changed or
relocated. ,
AND WHEREAS, the State of Florida Department of Transportation having requested the
City of BOYNTON BEACH
· Florida, to executed and deliver to the State of Florida
Departmentof ~ransportation a Utilities Agreement, agreeing to make or cause to be made
such adjustments, changes or relocations of said utilities and/or facilities as set out
in said'Agreem&nt, and said request havin~ been duly considered,
NOW THEREFORE, BE IT RESOLVED by the City Cu,..;~l
of the City of BOYNTON
BF~.~CH ~ .i Florida, that the Mayor and Clerk (City Manager) be and they 'are hereby
authorized and directed to make, execute and deliver to the State of Florida Deparument
of 1Transportation a Utilities Agreement for t]ue adjustment, change or relocation of
certain utilities within the Right of Way limits of said State Road 5 ,
93010 ; Section
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the
State of '~lorida 'Department of Transportation at Tallahassee, Florida.
CITY:OF ;BOYNTON BEACH
COUNTY OF Palm Beach County Mawor
I~HER~BY CERTI~ that the foregoing is a true and correct copy of a Resolution adopted
b~ the of the City of , Florida at a meeting of
said , held on this day of A.D.
19
WITNESS my hand and seal on this
By
day of , A.D. 19
Clerk (City Manager) of the City of
Florida.
(SEAL)
FoRM 710-010-61
PAGE 1 OF 3
STATE OF FLORIDA DEPARTMENT OF T~ANSPORTATION
DIVISION OF PRECONSTRUCTION AND DESIGN
(At Municipal Expense)
JOBNO
THIS
by and between referred.
aa a munici~---
WITNESSETH:
WHEREAS, the DEPARTMENT is .constructing, reconstructing or ~therwise changing a
portion of the State ~ the DEPARTMENT as Job No. 93010-3532
Road No. 5 ~' from to North of Hypoluxo Road which shall
call for the relocation of ~ (owned by the CITY, whether within the
corporate~.timits thereof or not under said highway, via:
~m¥ and all CIi~owned or operated water mains, fire hydrants, sanitary sewers, gas
mains, fire 3, electrical, ~telegraph and T~-cable
[ties thereof, and any
or operated within such right of way,
AND or other changes to
be I and the CITY, said
above "Relocation Work",
NOW THEREFORE~ in ~c~neideration 9f th~mutual covenants hereinafter contained, it is
agreed by the pai-tles as follows. . ~
1. to make .or cause, to be made all arrangements for necessa
its facilities Whe~e located on public property at CITY's c
adj
expense and with the provi'sions of Rule 014-46.01 "Utility Acco~nodati~-.._~
Guide," Florida Administrative Code, da~e.d May 4, 1970; any supplements or revisions
thereof as of the,.da~e of this Agreement, which, by reference here%6, are made a part of
this Agreement; an~ %l~e plans, designs and specifications of the DEPARTMENT for the
construction or -reconstruction of said portion of the State Highway 'System, prior to the
advertis: said project. The CITY further agrees to do ~all of such work with
paid under a contract let by the CITY, all under the
its own
directioh of
FOI~4 HO. 710-010-61
12/88
Page 2 gf 3
2. The CITY furthar agrees that laid edJustaunta, changes or relocation of fsaJlJttea will IM .ado
b~ ~e Cl~ ~ laffJcleflt process ~ as ~ cause ~ delay
pros~u~l~ of ~ coflstr~ttofl or roc~struct~ ~rk; P~J ~er, ~e ~e CI~ ~11 ~ be
res~nslble for delay ~o~ ~ts c~trol; e~ ~e~ s~h
dtr~tJ~ of ~e ~*S e~tnNr; oM ~e Cl~ fu~r ~r~s
~ro~t, ~4t ~t ~11 ~ d~r~tly responsible for handl;~ of any 1~oi
~flft~ate dut ~ doll~ oaus~ b~ ~o Cl~S n~l~gonco; aM ~lt t~ Cl~ ~11 ~t p~ w?~ the
ReJ~atl~ Work" wf~ ~ts won forces ~r adverse nor Jet
~ ~e D~T"S wr~tt~ eut~r~ty ~ pr~.
3. The CITY further agrees that tt FIll maintain and keep fn repoJr, or cause to be maintained and
kept ~fl repair) a11 of such ad,lusted) changed or reJeeatnd CITY ~ed or operated fectlJtles or
within the right of way of said portion of the State Highway Syateei and to ~xmpJy with alt provisions cf
thc lee, Including RuJo
q. The DEP~ agrees to furnish the CiTY w~th st1 necessary highway ~onstruetton plans that are
required by the CITY to facilitate tho ClTYf$ "~otonstton Work".
$. The DEPARTHEHT further agrees that the CITY may relu~ito Its facilities upon the State*s
r~ght-of-way, acco~J~ to the te~ of t~ stoMerd pe~tt r~u~r~ ~ ~e S~ Sto~tes for ~upa~y
of ~bl~c rtght;-of~ey~ a~ a11 pubJt~ r~ulat~on$ loufutty ~opt~ b~ ~e D~ as of ~e date
of ~ts Agre~t,
6. It Is mutua;J¥ agreed that the CITY'S plams, maps or sketches show~ng any such facilities or
utilities tO bo ed.~ueted) changed or relocated ore made a part hereof by reference.
7. The CITY covenants and agree, this tt will indemnify and hoJd hamlosu the I)~PAIITI~I! and all of
the DEPARTHENT'S agents and empJoyons from any claim, Joss, dauge, cost, charge or expense arlat~ out
~-~of any act) ectfon,.neplect or omission by the CITY during the perfort~nco of the contract, whether
direct or Indirect, and ~hether to afl~ person or property to ~hlch said parlties may be sub~ect, excap~
that netther CITY nor any of its sub=ontractore will be liable under this section for damages arlefn~ out
'of tnJur~ or demepo to person or property causnd or resulting from the sole negligence of the DEPART)tENT,
any of ~ts offlcors) agents or omplo~ela,
FON4 140. 7IQ-GIG-G1
BY: )'
(T~ t, le: ,
&TTEST= ~ '
Florida Department of TrenspOr~aC~on
(Title:
,.)
(SEkL)
ATT~.ST:
Executive Secretary
Leg~l Review: Date:
A"rTORMEY - FDOT
Approved
By:
Utt1[t~es Of~t~e