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Home My WebLink AboutResolution No. 1972-08 * 440.460 RESOLUTION No . 72-8 A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA TO ENTER INTO AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTA- TION FOR IMPLEMENTATING INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF STATE ROAD AlA AT CENTRAL BOULEVARD, NORTH ATLANTIC AVENUE & CENTER STREET . WHEREAS , the City of Cape Canaveral is desirous of having traffic control signals rebuilt at the intersections of State Road AlA at Central Boulevard, North Atlantic Avenue and Center Street,and WHEREAS , the State of Florida Department of Transportation under their "TOPICS" program is willing to install said traffic control signals , NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA: SECTION 1 . That the Mayor and City Clerk be and they are hereby authorized to execute a Memorandum of Agreement on behalf of the City with the Department of Transportation, which requests said Department to design and construct traffic control signals at the intersection-sof State Road AlA at Central Boulevard, North Atlantic Avenue and Center Street. SECTION 2 . That a copy of said agreement be attached hereto and made a part of this Resolution. SECTION 3 . All resolutions or parts of resolutions in con- flict herewith are hereby repealed . SECTION 4 . This Resolution shall become in full force and`l effect in accordance with the Charter of the City of Cape Canaveralo Brevard County, Florida . SECTION 5 . This Resolution was duly passed at a regular meeting of the City Council of the City of Cape Canaveral , Brevard County, Florida, on the 1st day f February 1972 . .tea i1 SiA ' etil'(/1"1"`<:"‘ f. s, M yor m J ATTEST: Oft, City Clerk °f APPROVED AS TO FORM: ff City Attorney / PAGE 1 0F5 MEMORANDUM OF AGREEI E172 TFSS AGREES4EI1T, trade and entered Into this Ist day of February , 1972 by and bet%,een the STATE OF FLORIDA DEPART- MENT Or TRANSPORTATION, a component agency of tire State of Florida, hereinafter called the Department and the CITY OF CAPE, FLORIDA, hereinafter called the City. W I T IN E S S E T H WHEREAS,. the City by this Agreement has requested. the Department to design and construct the following projects as defined in the Brevard County, Florida, TOPICS Program. State Road A -1 -A Signal System 1 State road A -1 -A & Central Blvd. 2 State Road A -1 -A & ]North Atlantic Avenue 3 State Road A -1 -A & Center Street I:0I.1, THIiREFORE, THIS INDENTURE F1ITIIL•SSETL': That the parties for and in consideration of the covenants hereinafter set forth agree as follows: T17E DEPAIiTIdE11T AGREES: 1) To prepare plans and specifications for the work, involved and advertise for bid for the equipment arid materials.. The decision as to the type and made of equipment purchased will be at the - 'epart- ment's discretion. 2) To furnish technical supervision during the installation phase of the work and finally inspect the completed protects. TliE CITY AGREES: 1) That the traffic signal and 11l;hting equipment shall remain ` the property of the Department and it is hereby understood and agreed that the City shall not, under any condition, remove the equ'pment wh!ch Is the subject matter of this Agreement for any reason without per;ni::sion anti written consent of the Department. 2) Upon completion of', the installation and ccnstruction of the project, to asruLe sole responsibility for the maintenance and operation of said traffic signal and 11Chting aqulp:nent and the pay:nants for• all cost:: for electricity and electrical charges In- curred In connection path the operation thereof out of the City's funds. PAGE z OU M4CROF1LMED • . 440-80 3) To provide the necessary maintenance and operating staff and facilities to conform to the requirements of the United States Department of Transportation, Bureau of Public Roads Policy and Pro- cedure Memorandum No. 21-18, Section 9, Paragraph B. The Traffic Engineering services required by the referenced paragraph will be provided by the existing Brevard County Florida, Traffic Engineering Department at the request of the City. 4) To adopt or maintain all regulations necessary for the efficient operation of the improvements and will enforce said regu- lations* 5) To indemnify, defend, save and hold harmless the Department from any claims, demands, or liabilities of any nature whatsoever arising out of or because of this Agreement . 6) To notify the owner of power lines on poles used for attach- ment of luminaires or traffic signals in addition to electrical power wires (joint use poles ) prior to maintenance operations requiring performance of work within 10 feet of power lines to allow the owning utility to provide safeguards against accidents. It is mutually agreed that the Department' s Director of Road Operations shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder, and the character, quality, amount and value thereof, and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. WITNESSES : STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Administration As to the Department ATTFS : (SEAL) Alf / BY: 0111kLAK c;t - Maatr I / 4 ATTEST: „41.(4,/ (SEAL) As to the ty City Clerk - 2 - PAGE3 0F3 RESOLUTION No. 72.6 A RESOLUTION AUTDORIZING 'fill- CITY OF CAPE CANAVERAL, E BREVARD COUNTY, FLORIDA TO ENTER INTO AN ACRUMENT WITil THE STATi: OF FLORIDA DEPARTMENT 01: TRANSPORTA- TION FOR IMPLEMENTATING INSTALLATION OF TRAFFIC CONTROL SIGNALS AT 'fill! INTERSECTION 01: STATE ROAD ALA AT CEN'T'RAL BOULEVARD, NORTII ATLANTIC AVENUE 6 CENTER STIME T. WHEREAS, the City of Cape Canaveral is desirous of having traffic control signals rebuilt at the intersections of State Road AIA at Central Boulevard, North Atlantic Avenue and Center Street,and WHEREAS, the State of Florida Department of Transportation under their "TOPICS" program is willing to install said traffic control signals, NOW, tHEREFORE, RE IT RESOLVED B1' Tllli CITY COUNCIL OP TIM CITY OF CAPE CANAVERAL, BREVARD COUNT)', FLORIDA: SECTION 1. That the Mayor and City Clerk be and they are hereby authorized to execute a Memorandum of Agreement on behalf of the City with the Department of Transportation, which requests said Department to design and construct traffic control signals at the i intersectiora oC State Road AlA at Central Boulevard, North Atlantic Avenue'and Center Street. SECTION 2. That a copy of said agreement be attached hereto and made a part of this Resolution. SECTION 3. All resolutions or parts of resolutions in con - •i flict herewith are hereby repealed. SECTION 4. This Resolution shall become in full force and effect in accordance with the Charter of the City of Cape Canaveral, Brevard County, Florida. i SECTION S. This Resolution was duly passed at a regular meeting of the City Council of the City of Cape Canaveral, Brevard County, Florida, on the 1st day f February 1972. �I i : yor ! ATTEST: '! 6. c64--r AROVED AS TO FORM: G % i LlEy Attorney (�/�..Z mil-/." u.��i- .�, "... ✓ f • ME'MORAHbUM OF nCRii1:A`I =; 1'_ TIIIS AGREEF;E11T, made and entered ;,,to this /ar clay of 1976 by and bctt:•cen the STATE OF FLORIDA DEPART - 1•;EFJT F TRA11SP01;'_ATIO1l, a component agency of the State of Florida, hercinal•ter called tIL Department and the CITY OF CAPE, FLORIDA, hereinafter called the City. W I T 11 E S S E T'1 WHEREAS, the City by this Agrecn:�_-nt has requested the Department to de... -Ign and construct the following projects as defined in the Brevard County, Florida, TOPICS Program. State RoaU A -1 -A Signal System 1 State Road.A -1 -A & Central Blvd. 2 State Road A -1 -A & North Atlantic Avenue 3 State Road A -1 -A & Center Street NOW, THEREFORE, THIS INDENTURE WITUESSETH: That the parties for and in consideration of the covenants hereinafter set forth agree as follows: THE DEPARTh1EHT AGREES: 1) To prepare plans and specifications for the work Involved and advertise for bid for the equipment and materials., The decision as to the type and made of equipment purchased will be at the Depart- ment's discretion. 2) To furnish technical supervision during the installation Phase of the work and finally inspect the completed projects. THE CITY AGREES: 1) That the traffic signal and lighting equipaent shall remain the property of the Department and It is hereby understood and agreed that the City shall not, under any condition, remove the equipment which is the subject matter of this Agreement for any reason without permission and written consent of the Department. 2) Upon completion of the installation and construction of the project, to assume sole responsibility for the maintenance and operation of said traffic signal and lighting equipment and the payments for all costs for electricity and electrical charges In- curred in connection with the operation thereof out of the City's funds. I � .._...� ....-.. .. _�,-,4. ...�.„..L�a.ti.,wa.a...<vw....irura w...r.....,s...o-,�,bn.._ ._ . __. t . C MICROFIL ''A . . . 4-1Oy8O MED , 3) To provide the necessary maintenance and operating staff and facilities to conform to the requirements of the United States Department of Transportation, Bureau of Public Roads Policy and Pro- cedure Memorandum No. 21-18, Section 9, Paragraph B. The Traffic Engineering services required by the referenced paragraph will be provided by the existing Brevard County. Florida, Traffic Engineering Department at the request of the City. 4) To adopt, or maintain all regulations necessary for the efficient operation of the improvements and will enforce said regu- lations . 5) To indemnify, defend, save and hold harmless the Department from any claims, demands, or liabilities of any nature whatsoever arising out of or because of this Agreement . 6) To notify the owner of power lines on poles used for attach- ment of luminaires or traffic signals in addition to electrical power wires , (joint use poles) prior to maintenance operations requiring performance of work within 10 feet of power lines to allow the owning utility to provide safeguards against accidents. It is: mutually agreed that the Department' s Director of Road Operations shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder, and the character, quality, amount and value thereof, and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. WITNESSES STATE OF FLORIDA T, DEPARTMENT OF , 'RAN P•RTATION V ! 'e ' ' ;. By: I,0 , roe , / '� _. 42 '1 I iii -0� _ of Administration Ail, A. & dil Ea< / - A t. .- repartment ATT& P ®j , ,l _I NiI k r (SEAL) 4000°P A_ ii* , $y: Air /0 0 i ya ►r M1I - ATT EST: _ �..c( (SEAL) As to %.. Y Cit` ? erk flOAPPPOVED V W OF .SAD oP Al'i 3TC APPROVED AS TO FORM,LEGALITY AND EXECUTION o d ELC)E2Sl�:a'C7EPA�dTMEC�iT OF T�.lafV�'PoRTATlt.ii�! d/10 _. _�lhdl`�lF4LS,� h + �y - ASSISTANT ATTOR .EY ` 1 a CITY OF CAPH CANAVERAL COUNTY OF RREVARD STATE OF FLORIDA I HEREBY CERTIFY that the foregoing constitutes a full, true and correct copy of Resolution No. 72-8 duly passed by the City Council of the City of Cape Canaveral, Florida at a Regular Meeting of the City Council, held at the Citv Hall in, the City of Cape Canaveral, Florida on the Is day of February A.D. 1972. WITNESS my hand and the official seal of the City of Cape Canaveral, Florida, this 2nd day of February A.D. 1972. ,ty cr ity o Lape anavern ,• ort a 1, Anita J. Ostrom do hereby certify that I posted a true and correct copy of this Resolution No. 72.8 on the bulletin board of the City of Cape Canaveral, Florida and the bulletin board Of the City of Cape Canaveral Post Office this 3rd day of February A.D. 1972. Signed: Z ✓a2 0 J Title: City Clerk j