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2013-11 DENIED DOT Paint Traffic Arms 70/441 Impr -4 DENIED 4- RESOLUTION NO. 2013-11 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING A LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF ,.""' TRANSPORTATION FOR TRAFFIC MAST ARM IMPROVEMENTS IN CONJUNCTION WITH STATE ROAD 70 IMPROVEMENTS PROJECT; PROVIDING FOR PAYMENT SUBMITTAL AND PROCEDURES; PROVIDING TO AUTHORIZE THE MAYOR TO EXECUTE AGREEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as FDOT, proposes to constructor reconstruct transportation facility improvements identified on the Five- Year Work Plan as Project ID No. 425846-1-52-01, State Road 70, from NW/SW 4th Avenue to NE/SE 3' Avenue, hereinafter referred to as the Project; and WHEREAS,the City of Okeechobee requested that FDOT include street scape improvements within the Project area in an effort to provide State Road 70, also known within the City Limits as North Park Street, with aesthetic amenities and traffic calming devices; and WHEREAS, FDOT required that the City of Okeechobee adopt a Resolution authorizing the execution and delivery to the FDOT,the agreement as identified as Locally Funded Agreement (Traffic Mast Arm Improvements), hereinafter referred to as the Agreement; and WHEREAS, the City of Okeechobee has the authority, pursuant to Chapter 163, Florida Statutes, to enter into the Agreement with FDOT to improve transportation facilities on the State Highway System, finding it in the best interest of the citizens of the City of Okeechobee. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION ONE: That the Agreement, attached herewith as Exhibit A, sets forth the payment procedures to the FDOT to paint certain traffic mast arms at the State Road 70 and U.S. Highway 441 intersection, within the Project area and as set out in the Contract Plans. Estimated cost being $24,800.00. SECTION TWO: That James E. Kirk, Mayor for the City of Okeechobee, is authorized to execute the Agreement. Further directing the City Clerk to forward a certified copy of this Resolution, along with the executed Agreement to the FDOT. SECTION THREE: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION FOUR: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application thereof shall for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION FIVE: This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 1St day of October, 2013. N/A ATTEST: James E. Kirk, Mayor N/A r..- Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: N/A John R. Cook, City Attorney Resolution No. 2013-11 Page 1 of 1