2023-03 FDOT Maint. Agmt Parrot Ave & 4th St RESOLUTION NO. 2023-03
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA;
APPROVING THE EXECUTION OF A POST-PROJECT MAINTENANCE
AGREEMENT FOR STATE ROAD (SR) 15/SOUTH PARROTT AVENUE/
U.S. HIGHWAY 441, FROM SOUTHWEST (SW) 3RD TO 5TH STREETS,
BETWEEN THE CITY OF OKEECHOBEE AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (the "Department") has undertaken
a project for the construction of a new stormwater sewer outfall system to help
minimize flooding issues along SR 15 (A/K/A South Parrott Avenue/U.S. Highway
441) at SW 4th Street within the City of Okeechobee, Florida ("City") right-of-way;
and
WHEREAS, the Department is responsible for the construction, at its cost, of said
stormwater sewer system along SW 4th Street which will connect to the new storm
sewer outfall system; and
WHEREAS, the City has reviewed the Department's plans for the project and agrees to
issue to the Department or Department's contractor a permit for the work within
the City's public right-of-way; and
WHEREAS, the City desires to enter into a Post-Project Maintenance Agreement with the
Department; and
WHEREAS, the City will be responsible, at its sole cost and expense, for the maintenance
of specific structures of the new stormwater sewer system within SW 4th Street
right-of-way, including, but not limited to, any required pipe cleaning or
replacements, as agreed by the City in accordance with the Agreement.
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
President Officer for the City:
SECTION 1. The foregoing "WHEREAS" clauses are ratified con confirmed as
being true and correct and are made a specific part of this Resolution.
SECTION 2. The City Council hereby approves and authorizes Mayor Dowling R.
Watford, Jr., to execute the Post-Project Maintenance Agreement between the City
of Okeechobee and the Florida Department of Transportation, identified as SR 15
from SW 3rd to SW 5th Street, Financial Project No. 449176-1-52-01, and attached
hereto.
SECTION 3. All resolutions or part of resolutions in conflict herewith are hereby
repealed.
SECTION 4. If any provision or portion of this Resolution is declared by a court of
competent jurisdiction to be void, unconstitutional, or unenforceable, all remaining
provisions and portions of this Resolution shall remain in full force and effect.
SECTION 4. This Resolution shall become effective immediately upon its adoption.
Resolution No. 2023-03, Page 1 of
INTRODUCED AND ADOPTED by the City Council of the City of Okeechobee, Florida
on this 6111 day of June 2023.
71
fL.//' / r• /, ,
Dowling R. Watford, Jr., Mayor
ATTEST: n
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Lane mi ea, C C, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Resolution No. 2023-03, Page 2 ,,,
• •
FPID#449176-1-52-01
POST-PROJECT MAINTENANCE AGREEMENT:City of Okeechobee
Page 1 of 3
TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF OKEECHOBEE
This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (hereinafter, the "DEPARTMENT') and City Okeechobee (hereinafter,
"LOCAL AGENCY") for the maintenance of post-project transportation enhancements
described below.
WITNESSETH
1. WHEREAS, pursuant to Fla. Stat. §339.08, and the Moving Ahead for Progress in the 21st
Century (MAP-21), the DEPARTMENT is authorized to undertake a project within the LOCAL
AGENCY geographical limits; and
2. WHEREAS,said project is identified and known to the parties as SR 15 from SW 3rd St.to SW
5th St. Financial Project #449176-1-52-01 at the location shown in Exhibit A, attached and
incorporated by reference which will benefit the LOCAL AGENCY; and
3. WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway
Administration regulations issued pursuant thereto, there must be an agreement from the
LOCAL AGENCY to maintain the project; and
4. WHEREAS the LOCAL AGENCY by Resolution No.2023-03,dated June 6, 2023, a copy of
which is attached hereto and made a part hereof as Exhibit A, has consented to and
approved the Agreement and has authorized its chairperson or designee to execute said
Agreement.
NOW, THEREFORE, in consideration of the premises,the parties agree as follows:
The DEPARTMENT has undertaken the project and obtained approval for state participation
in drainage construction as shown in Exhibit A:
• The scope of the project consists of the construction of a new stormwater sewer
system that is currently broken at the intersection of SR15 and SW and SE 4th St.,
within the LOCAL AGENCY'S right-of-way.
• The DEPARTMENT is responsible for the construction, at its cost, of the said
stormwater sewer system, which will connect to the existing sewer outfall system
as shown in Exhibit A. The existing LOCAL AGENCY drainage system along SW
and SE 4th St.will remain undisturbed during construction.
• The LOCAL AGENCY has reviewed the DEPARTMENTS plans for the project
and agrees to issue to the DEPARTMENT(or DEPARTMENTS contractor)a permit
for the work within the LOCAL AGENCY's public right-of-way as shown in Exhibit
A.
• The LOCAL AGENCY will be responsible, at its sole cost and expense, for the
Resolution No. 2023-03, Page 3 of 6
• •
FPI D#4491761-52-01
POST-PROJECT MAINTENANCE AGREEMENT:Okeechobee County
Page 2 of 3
maintenance of the new stormwater sewer system within SW and SE 4th St.
right-of-way, including but not exclusive of any required pipe cleaning or
replacements as determined by the LOCAL AGENCY in accordance with City,
County, State, and Federal requirements. The limits of LOCAL AGENCY
maintenance will be west of SR 15 which includes the following Structure# S-003,
S-006, and S-007.
The DEPARTMENT is responsible for the maintenance of the new stormwater
sewer outfall system within the DEPARTMENT's right-of-way from Structure # S-
001, S-002, S-004, S-005, S-008, and S-009.
This document incorporates and includes all prior negotiations, correspondence,
conversations,agreements, or understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements, or understanding concerning
the subject matter of this Agreement that is not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written. This Agreement shall be governed,
interpreted,and construed according to the laws of the State of Florida.
THE REMAINDER OF THIS PAGE IS
INTENTIONALLY LEFT BLANK
Resolution No. 2023-03, Page 4 of 6
DocuSign Envelope ID:30AB648E-EE01-46FB-804C-1CFB903016C9
FPID#449176-1-52-01
POST-PROJECT MAINTENANCE AGREEMENT: Okeechobee County
Page 3 of 3
IN WITNESS WHEREOF, the City of Okeechobee has caused this Agreement to
be executed in its behalf through its chairperson or designee, and THE FLORIDA
DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its
behalf through its District Secretary for District One, as indicated below. This Agreement
shall become effective on:
k102063
Department to enter ate.
CITY OF OKEECHOBEE, FLORIDA
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BY: '1 �- BY: 7 . 4
CHAIRPERSON, OR DESIGNEE
Lane Gamiotea Dowling R. Watford, Jr.
PRINT NAME PRINT NAME
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TITLE DATE DATE
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NOTICE:THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-13.009,F.A.C.
Resolution No. 2023-03, Page 6 of 6
324 c noPY
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VI. NEW BUSINESS CONTINUED Ctrrb'N- 3 LI
A. Continued. The overall financial soundness of the City shows Total Assets exceeding Liabilities by
$20,679,327.00. All Funds Total Assets were $14,750,280.00; Total Liabilities were $3,547,752.00;
Deferred Revenue (Business Tax Receipts) was $47,895.00; leaving a Total Balance of$11,154,633.00
(of which $44,007.00 is non-spendable for inventory; $1,279,892.00 is restricted for Public Facilities;
$18,337.00 is restricted for Law Enforcement; $1,589,534.00 assigned for subsequent year's
expenditures and $8,222,863.00 is unassigned). The City's Total Net Position increased by
$1,468,709.00.
Motion Vice Mayor Clark, second by Council Member McAuley to accept the 2022 Audited Financials [as
presented in Exhibit 2]. Motion Carried Unanimously.
B. Motion and second by Council Members Jarriel and Chandler to approve [the recommendation to rank
Nunez Lawn Care and Landscaping as number one by]the Committee Ranking for RFQ No. PW 03-32-
05-23, Landscape Maintenance and Installation Services [and approve for Administrator Ritter to
negotiate a contract, as presented in Exhibit 3]. Motion Carried Unanimously.
C. Motion by Council Member Chandler, second by Vice Mayor Clark to read by title only, proposed
Ordinance No. 1278, amending Chapter 58 of the Code of Ordinances and requiring connection to public
water and/or sewer systems [as presented in Exhibit 4]. Motion Carried Unanimously.
City Attorney John Fumero read the title of proposed Ordinance No. 1278 into the record as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE
OF ORDINANCES, SUBPART A GENERAL ORDINANCES, CHAPTER 58 UTILITIES, ARTICLE
III SEWERS AND SEWAGE DISPOSAL, SPECIFICALLY AMENDING SECTION 58-72 USE OF
PUBLIC SEWERS REQUIRED, CREATING NEW REQUIREMENTS FOR CONNECTION TO THE
PUBLIC SEWER SYSTEM; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members Jarriel and McAuley to approve the first reading and set July 18,
2023, as the final public hearing date for proposed Ordinance No. 1278. Motion Carried Unanimously.
D. Motion and second by Council Members Chandler and McAuley to adopt proposed Resolution No. 2023-
02, amending the schedule of rates, fees, and charges for building permits and plan reviews by the
Building Official [as presented in Exhibit 5].
Mayor Watford read the title of proposed Resolution No. 2023-02 into the record as follows: "A
RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING AND AMENDING THE
SCHEDULE OF RATES, FEES, AND CHARGES FOR CONSTRUCTION PLANS, BUILDING
CONSTRUCTION SERVICES AND OTHER MISCELLANEOUS SERVICES BY THE GENERAL
SERVICES DEPARTMENT; AMENDING TABLE 4 WITHIN THE CODE OF ORDINANCES APPENDIX
G; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE."
Following a discussion for various amendments to the fee structures, a Motion was made by Vice Mayor
Clark, second by Council Member Jarriel to postpone the motion on the floor [to adopt proposed
Resolution No. 2023-02] to a future meeting. Motion to Postpone Carried Unanimously.
E. Finance Director India Riedel distributed 11-pages of various graphs to show comparisons of the State
revenues, fuel tax, franchise fees, utility tax, and building permit revenues for FY 2015 through current
date. Four of the pages reviewed expenditures from the General Fund by each Department. A copy of
the document is incorporated into the official Minute File, labeled as Exhibit 7. This item was for
informational purposes in preparation for future discussions on the proposed FY 2023-24 Budget.
F. Motion by Vice Mayor Clark, second by Council Member McAuley to adopt proposed Resolution No.
2023-03, approving the execution of a Post Project Maintenance Agreement with Florida Department of
Transportation (FDOT) for the Southwest (SW) 3rd to 5th Streets and South Parrot Avenue Stormwater
Sewer System Project[as presented in Exhibit 6].
Attorney Fumero read the title of proposed Resolution No. 2023-03 into the record as follows: "A
RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; APPROVING THE EXECUTION OF A
POST-PROJECT MAINTENANCE AGREEMENT FOR STATE ROAD 15/SOUTH PARROTT AVENUE/
U.S. HIGHWAY 441, FROM SW 3RD TO 5114 STREETS, BETWEEN THE CITY OF OKEECHOBEE AND
THE FDOT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." Motion
Carried Unanimously.
JUNE 6, 2023, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4