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2013-11-12 Closed Exec. Session osoo�°F�°KFF��_ CITY OF OKEECHOBEE 167 0 a�4 . T NOVEMBER 12, 2013 SPECIAL CITY COUNCIL MEETING AND CLOSED EXECUTIVE SESSION A =- �•` 55 SE 3RD AVENUE, COUNCIL CHAMBERS, OKEECHOBEE, FLORIDA 34974 -T ;'• -s/111-'' SUMMARY OF COUNCIL ACTION PAGE 1 OF 2 AGENDA COUNCIL ACTION -DISCUSSION-VOTE I. CALL TO ORDER- Mayor: November 12, 2013, Special Meeting; 2:00 p.m. Mayor Kirk called the November 12, 2013, Special City Council Meeting to order at 2:00 p.m. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor Kirk noted for the record those who were present and absent: Mayor James E. Kirk Present Council Member Mike O'Connor Present Council Member Devin Maxwell Present Council Member Dowling R. Watford, Jr. Present Council Member Clayton Williams Present City Administrator Brian Whitehall Present City Attorney John R. Cook Absent City Clerk Lane Gamiotea Present III. NEW BUSINESS. A. Request by City Attorney for advice regarding a litigation - City Attorney Cook requested the Mayor and Council to schedule a closed executive session in order for him to obtain Attorney. advice regarding pending litigation.Attorney Cook had presented information at a previous executive session, held on November 5, and was present via the telephone. The Council postponed the discussion until today's meeting. Mayor Kirk stated they would proceed with entering into the executive session without the attorney present. IV. OPEN THE CLOSED EXECUTIVE SESSION - Mayor. MAYOR KIRK OPENED THE CLOSED EXECUTIVE SESSION AT 2:02 P.M. A. Discuss pending litigation Case No. 2013CA000424, State of Those present were noted above with the addition of Ms. Marcella Samson, a court reporter from Atlantic Reporting, Florida Department of Transportation vs. the City of Okeechobee who is required by Florida Statute for this portion of the meeting. The full transcription will be submitted to the City and the Hamrick Trust- City Attorney. Clerk's Office, and remain sealed until the final judgement of the litigation is signed. It will then be made part of the public record. The purpose of the closed executive session is to discuss pending litigation,Case No.2013CA000424,State of Florida Department of Transportation vs. the City of Okeechobee and the Hamrick Trust. 168 NOVEMBER 12,2013-SPECIAL MEETING -PAGE 2 OF 2 V V AGENDA COUNCIL ACTION-DISCUSSION-VOTE ADJOURN CLOSED EXECUTIVE SESSION AND RECONVENE SPECIAL MAYOR KIRK ADJOURNED THE CLOSED EXECUTIVE SESSION AND RECONVENED THE SPECIAL MEETING MEETING - Mayor. AT 2:44 P.M. III. NEW BUSINESS CONTINUED. B. Consider items that may be presented by the City Attorney- The Mayor and Council were provided with a proposed Resolution No. 2013-13 to consider for adoption, as Attorney Cook. recommended by Attorney Cook. Mayor Kirk opened the floor for consideration of the resolution. Council Member Williams moved to adopt proposed Resolution No. 2013-13, rescinding paragraph Item "D" within Resolution No. 10-04; seconded by Council Member Watford. Proposed Resolution No. 2013-13 title reads as follows: "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."There was a brief discussion on this item. VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. V. ADJOURN MEETING - Mayor. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 2:47 p.m. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,he/she may need to insure that a verbatim record of the proceeding is made,which record includes the testimony and evidence upon which the appeal is to be based.City Clerk media are for the sole purpose of backup for official records of the Clerk. Z-, Ztr/1/6/1 ATTEST: . Jame's E. Kirk, Mayor Lane Gamiotea, • MC, City Clerk W;�" ANDEPENDENT �WEWSPAPERS OKEECHOBEE NEWS 107 ',,W, 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 4 __j STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says lie is Publisher Of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Flor�da, that the attached copy of advertisement being a in the matter of ...... 4— in the -19th judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period Of One year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firni or corporation any discount, eebate, corn - mission or refund for the purpose of securing this advertisernent for publication it-) the said newspaper. Totii Byrd Sworn to and subscribed before me this t C day of AD Notary Public, State of Florida at Large SPECIAL CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council will conduct a Special Meeting on Tuesday, November 12, 2013, 2:00 p.m., or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. Contact City Admin- istration at 863-763-3372, or websb MOM.Clinfpkeechobee,com, to obtain a copy of the agenda. ANY PERSON DECIDING TO APPEAL any decision made by the City Council ,=to any matter considered at this eVrneg will need to ensure a of the proceeding is made aft;� cord ndudes the testi- m(my and evidence u�n which the aTeal will be based. In accordance witti the Americans wi Disabilities Act ADA), any person with a disability as defined by the ADA, that needs special accommodation to parLicipate In this proceeding, contact the Cj CleWs Office no later than two business days prior to proceeding, 863-76 -3372. BE ADVISED that should you intend to show any document picture, video or items to the Council In support or opposition to any item on the end; a of the document picture, video, or item must be provided to Ve C CIX for the Ckys records. by: James E. Kirk, Mayor t.�MC, City Clerk ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20,2016 Bonded Thru Notary Publi-c Underwritf.r.s lAkDEPENDENT ��IVEWSPAPERS OKFECE[OREE NEWS 107 SAN. l7th Street, Suitu 1), Okeechobee, FL, 34974 (863) 763-3134 4 __j 3TATE OF FLORIDA 2OUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher :)f the Okeechobee News, a three tirnes a week Newspaper published at Okeechobee, in -)keechobee County, Florida, thjt the attached copy of advertisement being a in the matter of in the 19th judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues Of - Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, coin - mission or refilind for the. purpose of securing this advertiserne , ut for publication in the said newspaper. /, 4,:7 '1`oin Byrd Sworn to and subscribed before me this day of AD Notary Public, State of Florida at Large 4 rr -7,7, -, ANGIE BRIDGES My COMMISSION # EE 177653 EXPIRES: April 20,2016 Sorided Thru Notary Public UnderwritP NOTICE OF CLOSED EXECUTIVE SESSION BY THE CITY COUNCILr OKEECHOBEE, FLORIDA S HEREBY GIVEN that the Okeechobee City Council oil meet in Loutive Session to discuss pending 11bgaUon, Case No. )424, the State of Florida Department of Transportation vs. the echobee and the Hamrick Trust. sed Executive Session will be held on Tuesday, November 12, wing the Special City Council Meeting, at 2:00 p.m. or as soon I as possible at City Hall, 55 SE 3rd Avenue, Council Chambersi discussion shall be confined to settlement negotiation or strategies re-1 �!�.1�2ation expenditures filed by the State of Florida Department ofl Notice is her% given that the following will be in attendance: I James E. Kirk, uncil Members Devin Maxwell, Mike O'Connor, Dowl! Watford, Jr. Clayton Williams, City Attorney John Cook, City Adminis Brian White6ll, and City Clerk Lane Gamiotea. A court reporter will be present to record the session and the tran shall be made part of the public record upon conclusion of the litigation, BY: Mayor James E. Kirk, as duly requested by City Attorney John R. EsV2re 45 , and allowed by Section 286.011, Florida Statutes. ON 11/8/2013 CITY OF OKEECHOBEE NOVEMBER 12,2013 SPECIAL MEETING 55 SE 3 RD AVENUE - COUNCIL CHAMBERS - OKEECHOBEE, FLORIDA 34974 OFFICIAL AGENDA PAGE 1 OF 2 1. CALL TO ORDER- MAYOR: November 12,2013, Special Meetin (,2D-OOp.m ry)Ctl�)Clrt I[. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Tuj�&�v� Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook C&UA%4- City Clerk Lane Gamiotea Ill. NEW BUSINESS. A. Request by City Attorney for advise regarding a litigation - Attorney Cook. IV. OPEN THE CLOSED EXECUTIVE SESSION - Mayor. a� J A. Discuss pending litigation, Case No. 2013CA000424, State of Florida Department of Transportation vs. City of Okeechobee and the Hamrick Trust - City Attorney. ADJOURN CLOSED EXECUTIVE SESSION AND RECONVENE SPECIAL MEETING - Mayor. M Ill. NEW BUSINESS CONTINUED. B. Consider items that may be presented by the City Attorney - Attorney Cook. V. ADJOURN SPECIAL MEETING - Mayor. "!J' 14i� PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. November 12, 2013 PAG-E-2-OF 2 City of 0,keechobee Office of the Cit Clerk Y 863-763-3372 ext. 215 To: Court Reporter Date: QetGbaf-22-,-2-G43 As per Florida Statute 286.011, which gives specifics on how to carry out the executive session transcription, and delivery of the full transcript, please note the following instructions: F. S. 286. 011 paragraph (8)(c) reads "the entire session shall be recorded by a certified court reporter The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of a/1 persons speaking. No portion of the session shall be off the record. The court reporters' notes shall be fully transcribed and filed with the City Clerk within a reasonable time after the meeting. " Since the transcript is not a public record until the litigation is over, we ask that you separate the transcript from the invoice. The fully transcribed transcript should be put in a sealed envelope with the outside clearly marked as "November 5, 2013 Executive Session, Case No. 2013CA000424 State of Florida Department of Transportation vs. the City of Okeechobee and the Hamrick Trust." and call my office when it is ready or mailed to: City of Okeechobee, Attention: Lane Gamiotea, City Clerk Office of the City Clerk, 55 SE 3' Avenue, Okeechobee, Florida 34974 The invoice for attending the meeting and transcribing the session should be mailed to: City of Okeechobee, Attention: Robin Brock Administration Department, 55 SE V Avenue, Okeechobee, Florida 34974 I've also attached a copy of the advertisement listing the names of persons allowed to be present at the meeting so that you will have the correct spelling of each name. Thank you, CMC cc: Robin Brock Litigation File Executive Session File Statutes & Constitution Niew Statutes : Online Sunshine Page I of 2 J Select Year: F2013 y][��] The 2013 Florida Statutes Title XIX Chapter 28 View Entire Chapter PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS 286.011 Public meetings and records; public inspection; criminal and civil penalties.— (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shalt be open to public inspection. The circuit courts of this state shalt have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shalt assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duty authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the http://www.leg.state.fl.us/statutes/index.cfm?mode=View`/`20Statutes&SubMenu=I&Ap... 10/22/2013 Statutes & Colistitution :View Statutes : Online Sunshine Page 2 of 2 court shalt assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to re"kurse said member for any portion of his or her reasonable attorney's fees. C(8,) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or a lutf� I ut ority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party- before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shalt advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shalt be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shalt be recorded by a certified court reporter. The reporter shalt record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shalt be off the record. The court reporter's notes shatt be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shalt give reasonable public notice of the time and date of the attorney-ctient session and the names of persons who will be attending the session. The session shalt commence at an open meeting at which the persons chairing the meeting shalt announce the commencement and estimated length of the attorney -client session and the names of the persons attending. At the conclusion of the attorney -client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shalt be made part of the public record upon conclusion of the litigation. History.—s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353; s. 2, ch. 2012-25. Copyright 0 1995-2013 The Florida Legislature - Privacy Statement - Contact Us http://www.leg.state.fl.us/statutes/index.cfm?mode=View�/�20Statutes&SubMenu=I&Ap... 10/22/2013 PUBLIC NOTICE NOTICE OF CLOSED EXECUTIVE SESSION BY THE CITY COUNCIL, OKEECHOBEE, FLORIDA NOTICE IS HEREBY GIVEN that the Okeechobee City Council will meet in Closed Executive Session to discuss pending litigation, Case No. 2013CA000424, the State of Florida Department of Transportation vs. the City of Okeechobee and the Hamrick Trust. The proposed Executive Session will be held on Tuesday, November 12, 2013, following the Special City Council Meeting, at 2:00 p.m. or as soon thereafter as possible at City Hall, 55 SE 3dAvenue, Council Chambers Room 200. The discussion shall be confined to relating to litigation expenditures filed Transportation. settlement negotiation or strategies by the State of Florida Department of Notice is hereby given that the following will be in attendance: Mayor James E. Kirk, Council Members Devin Maxwell, Mike O'Connor, Dowling R. Watford, Jr., Clayton Williams, City Attorney John Cook, City Administrator Brian Whitehall, and City Clerk Lane Gamiotea. A court reporter will be present to record the session and the transcript shall be made part of the public record upon conclusion of the litigation. By: Mayor James E. Kirk, as duly requested by City Attorney John R. Cook, Esquire, and allowed by Section 286.011, Florida Statutes .0 RESOLUTION 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 WRICH 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 (SR1 5), 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 Flagler 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 yearwork program as the FDOT 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(l)(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 I of 2 P SECTION FIVE: This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 5 1h day of November, 2013. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Resolution No. 2013-13 Page 2 of 2 RESOLUTION NO. 10-04 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SUPPORTING THE PROPOSED DESIGN CONCEPT FOR THE STATE ROAD 70 AND U.S. HIGHWAY 441 INTERSECTION IMPROVEMENT PROJECT; AND AGREEING TO REVERT THE CITY'S TITLE AND INTEREST IN CERTAIN PARCELS OF FLAGLER PARK TO THE HAMRICK TRUST; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has in its adopted Five Year Work Program [FPID No. 424846-1-32-01] a project to improve the SIR 70/US 441 Intersection which will require the acquisition of property from Flagler Park that is currently operated and maintained by the City of Okeechobee; and WHEREAS, the City Council of Okeechobee (City) supports the proposed design concept for intersection improvement project as presented at this meeting and as was previously presented to the public at a public workshop on April 1, 2010. NOW THEREFORE, that such intent was presented at a duly advertised public meeting; and passed by majority vote of the City; it is resolved by the City of Okeechobee, Florida, that: a. That FDOT has indicated its intent to implement the five year work program under FPID No. 424846-1-32-01 for intersection improvements at SR 15 (Highway 441) and SR70, which will require acquisition of a portion of Flagler Park; b. That the precise area of acquisition has not been determined, but estimated and preliminary at this time to be 0.80 +/- acres, which will be precisely set forth at the time of completion of survey and project engineering; C. That such acquisition and improvements in any event will not materially interfere with the public's use and enjoyment of the park; that any oak trees or landscaping lost will be replaced by FDOT, together with sidewalks and utilities as will be contained in final engineering plans; and that the Veteran's Park and monuments therein will not be moved or destroyed. d. That at such time within this five year work program as the FDOT 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, as it is generally known. e. That regardless of this agreement, until such time as FDOT actually acquires title to that portion of Flagler Park by recorded instrument, the real property shall retain it present status as a public park, operated by the City for the use and enjoyment of the public, and not subject the Hamrick Trust to any imposition of assessment, tax, or other obligation. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this 201h day of April, 2010 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Resolution No. 10-04 Page 1 of 1