1958-07 Utilities Agreement with DOT_ s
1 ,
MI M
SECTION 9153
STATE ROAD
COUNTY OF
(Street* In (bees)
R E S O L U T I O N
ON MOTION OF MaM=xxxx (Councilman) Chandler ,
seconded by M3=xxDcmxX (Councilman) Walker , the
following Resolution was adopted. o ',1
-» I ct WLA- t
WHEREAS, the State Road Department of Florida has located and pro- IA- � �
poses to construct or reconstruct a part of K Street$ in � 2 �0-/ �
1 Aeiabobee " fdUme i rW
nc e�Z
00
Part :61 Qm0U Street between 8th ii9d 9Wh Street* ent
fth egad 9th Streeto X"t at 000003A Stress•
C`4
Avert 17t Ut Street botween Nod Street and Ussieaes p`+
Streets
; and
WHEREAS, in order for the State Road Department to further and
complete said project, it is necessary that certain utilities and/or facilities
Strrsta in C9Mursatsbmis
within the Right of Way limits of said : � / be adjusted, changed
or relocated; and
WHEREAS, the State Road Department having requested the City of
: els *Ob" , Florida, to execute and deliver to the State Road
Department a Utilities Agreement, agreeing to make or cause to be made such
adjustments, changes or relocations of said utilities and/or facilities as
set out in said Agreement, and said request having been duly considered;
NOW, THEREFORE, BE IT RESOLVED by the
of the City of , Florida, that the Mayor and
Clerk (City Manager) be and they are hereby authorized and directed to make,
execute and deliver to the State Road Department a Utilities Agreement for
the adjustment, change or relocation of certain utilities within the Right
Streets is Qkeodhobee
of way limits of said - --- Fr / , Section 9153 ;
BE IT FURTHER RESOLVED that a certified copy of this Resolution
SHEET No. 2
SRD NO.
SECTION
- 9153
(ftro*U in t as )
be forwarded to the State Road Department at Tallahassee, Florida,
CITY OF
COUN'T'Y OF
I HEREBY CERTIFY that the foregoing is a true and correct
copy of a Resolution adopted by the City Council of the
City of , Florida, at a meeting of said
City Council held on this 10 day of June ,
A. D. 195 8
WITNESS my hand and seal on this 10 day of Juno ,
A. D. 195 8 .
BY
Clerk f
the C. y of
lorida
SRD NO. ' e
SEC TI ON 9153
® - STATE ROAD •
COUNTY OF-+OKEEC?,OBEE
(Strebts in Okeechobee)
CITY UTILITY AGREEMENT
THIS AGREEMENT, Made and entered into this 10 day of June, A. D. 1958,
by and between the STATE ROAD DEPART1;1ENT OF FLORIDA, HEREINAFTER referred
to as the DEPARTMENT, and the CITY OF OKEE(TIOHEE, a municipal corporation,
hereinafter referred to as the CITY.
WI ME,SSE7H:
Z-1AT, WHEREAS, the `Department proposes to construct or r econstruet
a municipal connecting line State Road within said City, which Road is
known and described as follows:
Part 16: Osceola Street between 8th and 9th. Streets and 8th and 9th
Streets East of Osceola Street.
Part 17: 1st Street between Miami Street and Kissimmee Street.
V411EREAS, in order to facilitate such work it is necessary that pro-
visions be made for adjustment, change or relocation of certain facilities
and/or utilities within said City and located within the right of way of
said municipal connecting line State Road or appurtenances thereto, viz:
Any and all water mkins, fire hydrants, sanitary sewers, gas mains,
fire and police call systems, telephone, electrical and telegraph
systems, including poles, pole lines and underground facilities there
Of'. and any other utilities and facilities within such right of way.
NOW, THEREFORE, the premises considered and in consideration of the
sum of One($1.00) Dollar moving between the parties and in further consid-
eration of the mutual covenants hereinafter contained, it is agreed by the
parties as follows:
That the Department will provide at its expense for the construction,
reconstruction, change or replacement of all drainage structures nec-
essary to properly drain said municipal connecting line State Road irithin
the said City, but not otherwise.
That in consideration of the Departmentts undertaking the construction
or reconstruction of said municipal connecting link State Road which will
be of benefit to the City and the citizens thereof as a City thoroughfare,
the city agrees to made or cause to be made all necessary adjustments, re-
locations or changes of said facilities or utilities thereon, municipal or
otherwise, in order to comply with the pland, designs and specifications of
the Department for the eonstructiDn or reconstruction of said municipal
connecting line State Road, without cost or expense to the Department. The
City further agrees that said adjustments, changes,or 1ywx:kk=a relocations
of said facilities or utilities will be performed by the City or at its dir-
ection vd_ th sufficient promptness so as to cause no delay to the Department
or its contractor on such construction or reconstruction work on said
municipal connecting line State Road. The City further agrees; That in the
event this work is done simultaneously with the construction of the project
the City agrees to r eimburse the contractor directly for any just claim
due to delays caused by the City's operations, or hinderance to the con-
tractor's effieient prosecution of his work.
The City further agrees to make and enter into a written agreement with
the Department's succesfiful bidder and file and executed copy with the
Department to provide as follows:
1. Covering procedure for coordinating the work.
2. mininization of delays.
3. M6thod of arriving at compensation to contractor for delays
occasioned by the City's operation.
4. The Cityts agreement to pay compensation so determined.
5. An arbitvation clause naming the State Highway Engineer the
arbiter and agreeing to abide by his decision.
`rhe City further agrees that it will maintain and keep in repair or
cause to be maintained and kept in repair all of such adjusted, changed
or relocated facilities or utilities within the right of way of said State
Road, to comply with all provisions of law of the Department's manual
with amendments and specifications for traffic control routing and parking
and to conform with the regulations of the Department pertaining thereto.
It is mutually agreed that any attached i' or sketch showing any
such facilities or utilities to be adjusted, changed or .relocated is made a
part hereof by reference.
IN WITNESS MEREOF�, the parties hereto have used this instrument
to be duly executed the day and first above wri% en.
Signed, - seal.ed and delivered in the ;orbgenc.e . of : j
STATE ROAD DEPARTMENT OF FLO'JIDA
BY:
As to the Department ITS CHAIRMAN
ATTEST:
G MCRETARY
CITY OF OKEECHOBEE, FLORIDA
CORINE Curdeshaw BY: Jesse R. Watford
PRESIDENT CITY COUNCIL
Alfred Watterson
AS TO THE CITY ATTEST: Lorena Spivey