2013-13 Amends Res 2010-04 FDOTRESOLUTION NO. 2013-13
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RESCINDING A
PORTION OF RESOLUTION NO. 10-04, ADOPTED APRIL 20, 2010,
PARTICULARLY ITEM "D" THEREIN WHICH WAS A REVERTER OF INTEREST IN
THE CITY OWNED DOWNTOWN PARK; BUT OTHERWISE SUPPORTING THE
CONTINUED IMPLEMENTATION OF FDOT FIVE-YEAR WORK PROGRAM NO.
424846-1-32-01; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as a preliminary expression of support for the proposed intersection improvement plan
offered by Florida Department of Transportation (FDOT) in Okeechobee at the intersection of
Highway 441 (SR15), the City approved Resolution No. 10-04 in April 2010; and
WHEREAS, said resolution further supported, in section "d" therein, the City's agreement to revert
its title and interest in Flag ler Park to the Hamrick Trust upon the occurrence of certain
conditions that FDOT intended to pursue and obtain; and
WHEREAS, said section "d" specifically stated that "...at such time within this five year work program
as the FOOT announces its intent to acquire that portion of Flagler Park as described herein,
and finalizes its agreement of right-of-way compensation, the City agrees, upon request, to
release and revert its title and interest in that portion of Flagler Park to the trustees of the
Hamrick Trust..."; and
WHEREAS, to the date of this resolution, FDOT has not met the conditions precedent in section "d"
of said resolution. Not only has FDOT failed to finalize its agreement of right-of-way
compensation for the taking of the portion of Flagler Park with the City and Hamrick Trust,
FDOT has initiated a condemnation suit against the City and the Hamrick trust, now pending
in the Circuit Court for Okeechobee County, in which said action the City is offered no
compensation, and the Hamrick Trust has filed an answer contesting and opposing the
proposed right-of-way compensation offered by FDOT; and
WHEREAS, as Florida Statutes 166.041(1)(b) sets forth that a resolution is defined as "...an
expression of the governing body concerning matters of administration, an expression of a
temporary character..."; and
WHEREAS, the City of Okeechobee possesses the right and obligation to rescind or amend any
resolution from time to time as it deems to be in the best interests of the City and the citizens
of the city of Okeechobee;, particularly in this instance where the conditions anticipated to be
met by FDOT have failed to materialize;
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, that:
SECTION ONE: That section "d" of Resolution 10-04 dated April 20, 2010 is hereby rescinded
in its entirety, and the title of said resolution amended accordingly.
SECTION TWO: That the balance and remainder of resolution 10-04 is ratified and shall remain
in full force and effect.
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 be 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.
Resolution No. 2013-13 Page 1 of 2
SECTION FIVE: This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 12' day of Nrember. 2013.
ATTEST:
Lane Gamiotea,
C, City Clerk
REVIEWED FOR LE-pAL(SUFFICIENCY:
cL
Johh R. Cook, City Attorney
Resolution No. 2013-13 Page 2 of 2
ames E. Kirk, Mayor