2019-08-06 Ex 10RESOLUTION NO. 2019-10 PAGE 1 OF 2
RESOLUTION NO. 2019-10
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; RESCINDING
RESOLUTION NO. 1988-5 AND NO. 2011-02 CONCERNING TEMPORARY
CLOSING OF STATE ROADS FOR SPECIAL EVENTS; CREATING
PROCEDURES AND FORMS FOR SUBMISSION TO FLORIDA
DEPARTMENT OF TRANSPORTATION FOR STATE APPROVAL FOR
SUCH CLOSINGS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) publishes promulgated rules
and procedures for an application to temporarily close State Roads for special events
in the Florida Administrative Code (FAC); and
WHEREAS, the City of Okeechobee has previously adopted Resolutions setting forth some
of these procedures; and
WHEREAS, it has been requested by the FDOT that the City update, and adopt by
Resolution, additional rules and procedures for the closing of State Roads for special
events; and
WHEREAS, the City, as well as other organizations, have historically sought closure of State
Road 70 and U.S. Highway 441/State Road 15 to conduct parades and special events
for the citizens of Okeechobee County, and continuing that tradition is in the best
interests of the City and County.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; that the City 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 1: The City of Okeechobee, Florida hereby rescinds prior Resolution No. 1988-5
and No. 2011-02, and creates procedures for temporary closings of State
Roads by this Resolution.
SECTION 2: This Resolution is created to conform to the current requirements of Rules 14-
65.0035 and 14-65.0075, Florida Administrative Code, which contains the rules
and procedures to follow when applying for temporary closing of State Roads
for special events.
SECTION 3: That when the City seeks to apply for a temporary closure of State Roads to the
FDOT, City Staff must adhere to the following:
a. Any special event shall be approved by the City Administrator and Chief of
Police, or designee(s) in advance with approvals of pertinent Department
Heads that would be involved in the event, if necessary.
b. Prior to an application for the closing of a State Road, City Staff must
determine whether the closing is necessary to conduct the special event.
c. The application for closure must be submitted on FDOT form 850-040-65
(rev.12/11) or as hereafter amended, and submit same to any FDOT area
operations office.
d. The City shall submit with the application form this duly executed Resolution,
which authorizes City Staff to approve and submit the application for the
special event, along with:
i. Information from the City Administrator, Chief of Police, or their
designee(s) requesting the closure which shall include the following, if
requested by the FDOT:
a. disclosing the date and time and duration of the closure.
RESOLUTION NO. 2019-10 PAGE 2 OF 2
b. a marked map indicating the temporary detours to be utilized by the
public, and showing placement of appropriate signage; the stationing of
any Officers or flagmen; and locations of cones or barriers necessary to
detour traffic in a safe and efficient manner.
e. The City Administrator, Chief of Police, or their designee(s) are authorized to
complete the application process and submit for the temporary closing of a
State Road or Right-of-W ay.
f. As a condition of the approval of a temporary road closure by the FDOT, the
sponsor of the special event shall obtain single event liability insurance in the
sum not less than one million dollars ($1,000,000.00), or such other amount
as deemed necessary by the FDOT, naming the FDOT as additional insured,
and indemnify and hold harmless the FDOT from and against any claim,
demand, suit, personal injury, or death. Any sponsor or organization
requesting a temporary road closure shall also execute an Indemnity
Agreement holding the City harmless. The policy obtained by the sponsor or
organization shall be considered primary coverage for any loss, and any self-
insurance by the City shall be considered to be secondary.
g. Nothing herein shall be construed as a waiver of immunity or statutory
protection of Florida Statute Chapter 768 by the City of Okeechobee.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed.
SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this
Resolution, or application hereof, is 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 6: This Resolution shall take effect immediately upon its adoption.
INTRODUCED AND ADOPTED in Regular Session this 6th day of August, 2019.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney