76-OOO RESOLUTION NO. 76-000
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING EXECUTION OF TRAFFIC CONTROL AGREEMENT
FOR THE INTERSECTION OF WOOLBRIGHT ROAD (S. E. 15th
AVE. ) AND U.S. HIGHWAX 1 (SR 5) WITH PALM BEACH COUNTY,
FLORIDA.
BE IT RESOLVED BY THE CITY COIFNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Section 1: Thai the City of Boynton Beach, Florida, enter into the
Traffic Control Agreement for the intersection of Woolbright Road (S. E. 15th
Ave. ) and U.S. Highway 1 (SR 5) with Palm Beach County, Florida, whereby
said County, among other things, agrees for a period of ten (10) years and
without cost to the City to undertake installation and/or maintenance and
operation of thOse traffic control devices to be located within the corporate
limits of the City at Woolbright Road (S. E. 15th Ave. ) and U. S. Highway 1
(SR 5) and in consideration of which, the City re[inqt~ishes any jurisdictional
rights or responsibilities over such traffic control devices during said period;
a copy of said Agreement being annexed hereto and hereby made a part hereof
by reference.
Section 2: That the Mayor, or in his absence the Vice Mayor, and the
City Clerk, or in her absence the Deputy Clerk, of the City of Boynton Beach]
Florida, be, and they are hereby authorized to act for the City in entering intc
and executing said Agreement with Palm Beach County, Florida.
Section 3: That the City Clerk,
of the City of Boynton Beach, Florida,
or in her absence the Deputy Clerk,
hereby authorized to deliver a
certified copy of this Resolution and the fully executed Agreement described
above to Mr. Charles R. Walker, Jr., P.E., Acting Director, Traffic
Division, of the Palm Beach County Department of Engineering and Public
Works, Box 2429, West Palm Beach, Florida 33402, in order that he~may
obtain approval of said Agreement by the Board of County Commissioners of
Palm Beach Counly, Florida, and of the Florida Department of Transportation
PASSED and ADOPTED this
ATTEST:
City Clerk
~ day of December, 1976.
CITY OF BOYNTON BEACH, FLORIDA
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TRAFFIC CONTROL AGREEMENT
FOR THE INTERSECTION OF
WOOLBRIGHT ROAD (S.E. 15th AVENUE) & U. S. 1 (SR-5)
This Traffic Control Agreement made and entered into on the date
specified herein by End between Palm Beach County, hereinafter called the
County, and the City-of Boynton Beach , hereinafter called the
Municipality;
gbiEREAS, the County and the Municipality are authorized to enter into
this Agreement by Section 125-01 (1) (p) Florida Statutes, as amended, ~ich
section permits the County to enter into agreements with other governmental
agencies for the performance of governmental functions by one unit in behalf of
the other; and
~REAS, it is in the best interest of both the County and the
Municipali~y to insure uniform traffic control through the road and street
system of Palm Beach County in order to provide an int&grated and balanced
traffic network.
NOW, T~REFORE~ in consideration of the mutual covenants, promises
and representations ~erein, the parties hereto agree as follows:
!. PD-F3OSE OF CON-TRACT
%~ne 'purpose of the Contract is to provide for t~,e ~n~fo~m matte-
hence ~n-------------~ ope_~atio~ of ~e t~fflc control d~vices to ~e located at
corporate lf~ts of tfne ~nnicipa!ity and d~sc_~-i%~ed sp~c~ica!ly as a ~i~
si~m! ~a~ce ~d ~~t si~g ~d to provide ~at ~e ~ aside
instailatim, ~/or operatio~l ~ ~int~nce re~msiBitities for sai~
traffic con~! de~ces. ~e pn~ome of ~he c~tract i. to ~her
that the M~icipa!ity relinquish any jurisdictional rights and responsibilities
it might have over the specified traffic control devices for the duration of
the Agreement.
2. CONSIDERATION AND MECHANICS OF THE CONTRACT
The County agrees to undertake the installation and/or maintenance
and operation of those traffic control devices to be located at Woolbright
Road (S.E. 15th Avenue) & U. S. 1 (SR-5) within the
corporate limits of the Municipality and described specifically~ as a traffic
signal device and appurtenant signing, for a period of ten (10) years from the
date of this Agreement. The Municipality agrees to relinquish, disclaim and
disavow any jurisdictional rights or responsibilities it may have with regard
to the described traffic control devices for the period of ten (10) years. It
is further agreed by the parties that should either party not desire to renew
the Agreement at the end of the ten (10) year contract period, the County will
retain ownership of the above described traffic control devices and shall have
the right, duty, and responsibility to remove said devices and make what dis-
position it deems appropriate of them within.thirty (30) days of the expiration
of the Contract. ·
Should this Agreement be cancelled, modified, or abridged by mutual
consent of the parties prior to the end of its expiration date, the County
sba!! maintain ownership and the inc~ment rights of removal and disposition
of the traffic control devices a+~ all teem.
All of the foregoing provisions shall be subject to funding by the
Boar~ of County Commissioners of Pa~ Baa~ C~o~ty upon m year-to-year basis.
R'ne Municipality s~na~_i ~ ...... if-y~ ~efen~-=-n~ save ha~less the
~ ~_~m_ a!! suits, act~_'on=s or =!~w B~ ~ecanse of ~ injn_-!~s or
~.~-~-.=~=~s sustained by any ~ers~-m ~ ~z__~e~-n~ a~-ising out of
~zo~, however, the Municipa~2~_~ s~=!! n~t ~ reqnire~ to defe~_~ ~ine County
=_$ m~?~st its own negligence er_ +~-~--e ~=m!~=~ce of the Cc~ty's
B. ~-'!~-_~RPA_RTS OF AGRE~T
~mfs Agreement may. be -~%~-~=!_~ e~ecuted in t~o co--tea-parts,
each of ~ich shall he deemed to he mn original, and such counterparts shall
constitute one in the same instz~t.
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4. INTERPRETATION
All words used herein in the singular form shall extend to and
include the plural. Ail words used in the plural form shall extend to and
include the singular. Ail words used in any gender shall extend to and include
all genders.
The Agreement shall become effective upon approval of the Board of
County Co~issioners, Palm Beach County, by resolution.
CITY/~KOF BOYNTON BEACH
By:
ATTEST:
Mayor
BOARD OF COUNTY COMMISSIONERS
PAiMBEACHCOUNTY, FLORIDA
Town Clerk
By:
Chairman Date
(Corporate Seal)
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