HomeMy WebLinkAbout2009-034RESOLUTION NO. 2009- 034
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, APPROVING A MAINTENANCE
AGREEMENT WITH THE CITY OF SEBASTIAN, A FLORIDA
MUNICIPAL CORPORATION, FOR C.R. 512 IMPROVEMENTS,
WHEREAS, Indian River County ("County") is a Political Subdivision of the State of Florida
and the City of Sebastian ("City") is a Florida Municipal Corporation within the County of Indian
River; and
WHEREAS, the County has jurisdiction over County Road 512 as part of the County Road
System; and
WHEREAS, the City wishes to construct and maintain a flag pole along with some
landscape vegetation on a portion of the 512 right-of-way, a description of the location is further
described in the Maintenance Agreement between the County and the City; and
WHEREAS, the parties hereto mutually recognize the need for entering into a Maintenance
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the City by Resolution No. 09-14 dated March 25 2009 attached hereto and
by this reference made a part hereof, desires to enter into this Agreement and authorizes its
officers to do so;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that, the Board approves and
authorizes the Chairman to execute the Maintenance Agreement between the Board of County
Commissioners of Indian River County, Florida, and City of Sebastian, Florida, for improvements
on County Road 512 right-of-way.
The foregoing resolution was offered by Commissioner Solari
by Commissioner O'Bryan , and, upon being put to a vote,
and seconded
The vote was as follows:
Chairman Wesley S. Davis
ABSENT
Vice Chairman Joseph E. Flescher
AYE
Commissioner Gary C. Wheeler
AYE
Commissioner Bob Solari
AYE
AT__—_
Commissioner Peter D. O'Bryan
The Chairman thereupon declared the resolution duly passed and adop(ed this &N _ day
of Apri 1 , 2009.
V
IDA
Attest: J. K. Barton, Clerk
By
Deputy Clerk
Approved as to form and legal
sufficiency:
Assistant County Attorney
INDIAN RIVER COUNT . , FLOR
BOARD OF COU Y COMM?SSIO EFS
Joseph E. Flescher, Vice Chairman
RESOLUTION NO. R-09-14
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE CONSTRUCTION AND
MAINTENANCE OF A MAST ARM FLAGPOLE; PROVIDING FOR THE
ADOPTION OF A MAINTENANCE AGREEMENT BETWEEN THE
CITY OF SEBASTIAN AND INDIAN RIVER COUNTY; DIRECTING
THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND
IMPLEMENT THE MAINTENANCE PROGRAM AS REFERENCED;
PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THIS
DOCUMENT CONTAINS TWO (2) PAGES.
WITNESSETH:
WHEREAS, the County has jurisdiction over County Road 512 as part of the
County Road System; and
WHEREAS, the City wishes to construct and maintain a flagpole, including
landscape vegetation on a portion of the 512 county right-of-way, as described further
described in Exhibit A; and
WHEREAS, the parties hereby mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the City of Sebastian desires to enter into said this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow
each to the other, the parties covenant and agree as follows:
Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the
County Road 512 Maintenance Agreement between the City Of Sebastian and Indian River
County as attached hereto as Exhibit 1.
Section 2. EXECUTION. The City Manager is hereby authorized to initiate actions he
deems reasonable and appropriate to construct and maintain the site established for the mast arm
flagpole.
Section 3. CONFLICT. All resolutions, or parts of resolutions, in conflict herewith are
hereby repealed.
Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon
final passage.
The foregoing Resolution was moved for adoption by Councilmember Coy
The motion was seconded by Councilmember Hili and, upon being put into a vote,
the vote was as follows:
Mayor Richard 11. Gilmor
aye
Vice -Mayor Jim Hill
aye
Councilmember Andrea Coy
aye
Councilmember Dale Simchick
aye
Councilmember Eugene Wolff
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 25`" day of
March 2009.
CITY OF SEBASTIAN, FLORIDA
4Yyor CRichard H. Gillmor
ATTEST:
Approved as to form and legality for
reliance by the City of Sebastian only:
Sally k io, MMC
City Cler
4oe Ginsburg, City At orney