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2022-11-15 VI. C. Exhibit 3 Exhibit 3 11/15/2022 RESOLUTION NO.2022- A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; RESCINDING RESOLUTION NO. 2019-10 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"); WHEREAS, the City of Okeechobee ("City") has previously adopted resolutions setting forth some of these procedures; 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; 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("County"), and continuing that tradition is in the best interests of the City and County; and WHEREAS, these events have historically included, but shall not be limited to, Speckled Perch Parade, the Brat Club Labor Day Parade, the Okeechobee High School Homecoming Parade, and the Okeechobee Main Street Christmas Festival Lighted Parade; 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. 2019-10, 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, FAC,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 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: i. disclosing the date and time and duration of the closure. ii. 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-way. 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 the City's immunity or statutory protection under Florida Statute Chapter 768. 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 herein. SECTION 6:This resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in Regular Session this day of ,2022. Dowling R.Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Revised Exhibit 3 11/15/2022 RESOLUTION NO. 2022-08 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; RESCINDING RESOLUTION NO. 2019-10 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, Florida ("City") 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("County"),and continuing that tradition is in the best interests of the City and County; and WHEREAS, these events have historically included, but shall not be limited to, Speckled Perch Parade,the Brat Club Labor Day Parade,the Okeechobee High School Homecoming Parade, and the Okeechobee Main Street Christmas Festival Lighted Parade. 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 1.The City hereby rescinds prior Resolution No. 2019-10 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, FAC, 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. Resolution No. 2022-08, Page 1 of 2 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 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: i. disclosing the date and time and duration of the closure. ii. 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-way. 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 the City's immunity or statutory protection under Florida Statute Chapter 768. 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 herein. SECTION 6. This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED by the City Council of the City of Okeechobee, Florida on this 15th day of November 2022. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Resolution No. 2022-08, Page 2 of 2