HomeMy WebLinkAbout10-242RESOLUTION NO. 10-242
A RESOLUTION EXPRESSING THE DESIRE OF THE BOARD
OF COUNTY COMMISSIONERS TO ENTER INTO A
MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT
OF TRANSPORTATION FOR IMPROVEMENTS WITHIN THE
RIGHT-OF-WAY OF SUNRISE BOULEVARD AND OLEANDER
AVENUE; AUTHORIZING THE CHAIRMAN TO SIGN THE
MEMORANDUM OF AGREEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the COUNTY has jurisdiction over Sunrise Boulevard and Oleander Avenue
as part of the County Roadway System from Ohio Avenue to Virginia Avenue within the limits of
the County; and
WHEREAS, the DEPARTMENT seeks to install and have maintained by the COUNTY
certain Highway improvements within the right of way of Sunrise Boulevard and Oleander Avenue
as described within the Memorandum of Agreement; and
WHEREAS, pursuant to §339.07 and 339.08, Florida Statutes and the American
Recovery and Reinvestment Act of 2009 (ARRA), the DEPARTMENT is authorized to undertake
a project within the COUNTY geographical limits and the COUNTY is desirous of having this
improvement constructed; and
WHEREAS, the said project is identified and known to the parties as the "Sunrise
Boulevard, Oleander Avenue and N 29th Street Roadway Improvements," Financial Project
Identification Nos. 426385-1-52-01 and 428652-1-52-01, FAP Nos. ARRA-015-B and
ARRA-676-B, which will benefit the COUNTY; and
WHEREAS, in accordance with Federal law and Federal Highway Administration
regulations issued pursuant thereto, there must be an agreement from the COUNTY to maintain
the project; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida;
Section 1: Memorandum of Agreement
The Board of County Commissioners desires to enter into the Memorandum of Agreement
attached as Attachment "A" and authorizes its Chairman to sign such Agreement.
Section 2: Severability
In the event a court of competent jurisdiction shall hold or determine that any part of this
resolution is invalid or unconstitutional, the remainder of the resolution shall not be affected and it
shall be presumed that the St. Lucie County Board of County Commissioners did not intend to
enact such invalid or unconstitutional provision. It shall further be assumed that the Board of
County Commissioners would have enacted the remainder of this resolution without said invalid
or unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 3: Effective Date
This Resolution shall be effective upon adoption by the Board of County Commissioners
for St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Charles Grande, Chairman AYE
Doug Coward, Vice Chairman AYE
Commissioner Chris Dzadovsky AYE
Commissioner Chris Craft AYE
Commissioner Paula Lewis AYE
PASSED AND DULY ADOPTED this 7th day of September 2010.
ATTEST:
a
DEPUTY
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BOARD OF COUNTY COMMISSIONERS
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APPROVED AS TO LEGAL FORM AND