R93-198 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
31
32
RESOLUTION NO .~93-/~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYHTON BEACH, FLORIDA, AUTHORIZING A TRAFFIC
CONTROL JURISDICTION AGREEMENT WITH HUNTER'S RUN
HOMEOWNERS ASSOCIATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is authorized to exercise jurisdiction
over ~i~a~e- roads and limited access roads within its
boundaries provided it enters into a written
approved by the City Commission; and
WHEREAS, the Hunter's Run community through
agreement
its master
association has requested limited traffic enforcement within
the Hunter's Run community; and
WHEREAS, the City has the ability and desire to provide
limited traffic enforcement for the benefit of the citizens of
Hunter's Run community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, THAT:
The foregoing WHEREAS clauses are true and
hereby ratified and confirmed by the City
THE CITY OF
Section 1.
correct and
Commission.
Section 2.
execute
Boynton
which is
DAY OF ~z~z~
The Mayor and City Clerk are authorized to
the Traffic Control Agreement between the City of
Beach and the Hunter's Run Association, a copy of
attached hereto as Exhibit "A".
Section %. This Resolution shall become effective
i~ediately upon passage.
PASSED AND ADOPTED THIS ~/
1993. //
~¥0
CO~ISS~O~ER ~
A~EST:
Page 1
MUNICIPAL TRAFFIC CONTROL
JURISDICTION AGREEMENT
FOR
HUNTER' S RUN HOMEOWNER' S ASSOCIATION
THIS AGREEMENT, made and entered into this -~/ day of-~~
1993, by and between:
CITY OF BOYNTON BEACH, FLORIDA
a municipal Corporation
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
(hereinafter referred to as CITY)
AND
HUNTER'S RUN HOMEOWNER'S ASSOCIATION
3700 Club House Lane
Boynton Beach, FL
(hereinafter referred to as ASSOCIATION)
W I TNE SETH:
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, which subdivision is, (hereinafter referred to as
HUNTER'S RUN); and
WHEREAS, ASSOCIATION does not have the power to enact or enforce
traffic laws within HUNTER'S RUN nor can it hire others with police
power to do so for it; and
WHEREAS, signs installed on private roads in HUNTER'S RUN
"establishing" speed limits and other restrictions cannot be
effectively enforced by ASSOCIATION, and violators often disregard
them with impunity; and
WHEREAS, it is the desire of CITY to afford some measure of
traffic enforcement for all residents of CITY, wherever they may be
situated; and
WHEREAS, the funds to provide sufficient traffic enforcement for
privately owned roads have no~ been provided in CITY's budget;
NOW, THEREFORE, the parties agree as follows:
(1) Pursuant to Chapter 316.006(b), Florida Statutes (1987), as
enacted by chapter 87-88, Laws of Florida, ASSOCIATION hereby grants
to CITY and CITY hereby accepts from ASSOCIATION, municipal traffic
control jurisdiction over all those certain private roads in HUNTER'S
RUN.
(2) The City of Soynton Beach Police Department shall provide
traffic enforcement service on certain private roads in HUNTER'S RUN.
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)
increased
CITY the
($-~-)
officer.
In order to reimburse the CITY for the actual costs of this
traffic control and enforcement, ASSOCIATION shall pay to
amount of i~°-o . dollars
per hour for one (1) fully equipped traffic enforcement
(4) The Police Department shall choose the hours and days of
operation, the choices may be based upon information from ASSOCIATION
and the observations of the Police Department.
(5) ASSOCIATION shall be billed upon a monthly basis and shall
p~omptly pay such bill 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
b~ 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 CITY.
(7) To the fullest ex%ent permitted by law, ASSOCIATION shall
indemnify, 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 tortious 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 CITY'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.
2
IN WITNESS WHEREOF, ASSOCIATION and CITY have set their hands and
seals, as of the day and year first above written.
ATTEST:
Cif~ Clerk
STATE OF FLORIDA
COUNTY OF~PALM BEACH
CIT~~. BEACM, FLORIDA
The foregoing instrument was acknowledged before me, the
undersigned notary public in and for the State of Florida, on this the
~2. day of ~e~t~ , 1993, by Edward Harmening and
Suzanne Kruse, Mayor and City Clerk respectively.
HUNTER'S RUN HOMEOWNE4%'S ASSOCIATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
On this, the // day of ~--~/~9 , 199~, before me, the
undersigned Notary Public of the ~ta~e of Florida, the foregoing
instrument was acknowledged by ~70~ of HUNTER'S RUN
HOMEOWNERS ASSOCIATION, on behal~ of the corporation.
Notary Public
Personally known to me, or _ Produced identification:
Traffic.Agr
H/Run
11/10/93
' .OTARy PUBLIC, STATE O~ FLORIDA.