Resolution 2002-083
1602
RESOLUTION NO. 2002- ~
A RESOLUTION AUTHORIZING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, OR HIS DESIGNEE, TO
EXECUTE A REQUEST FOR TEMPORARY CLOSING
OF STATE ROAD 29 TO CONDUCT A CATTLE DRIVE
TO BENEFIT THE ROBERTS RANCH
WHEREAS. from time-to-time Collier County requests that a state road
be temporarily closed to facilitate special events such as races, fairs,
parades, art, harvest and other festivals; and
WHEREAS, the State of Florida, Department of Transportation requires
execution of a Request for Temporary Closing of State Road Form (850-
040-65a) to be executed and submitted by the County to the Department,
which form identifies the nature of the event requiring the applied-for road
closure, the duration of the closure, and that the County will be responsible
for traffic control and liability claims arising from or based upon the
activities of the event in the state road, with limited exceptions, exculpating
the Department of Transportation from specified responsibilities; and
WHEREAS, staff hereby requests that the Board of County
Commissioners authorize its Chairman to execute the required forms to
acquire authorization to temporarily close a specified portion of State Road
29 in Immokalee as specified in the "Request" to facilitate a (Cattle Drive)
fundraiser to the benefit of the Roberts Ranch.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
that
I. The Chairman of the Board of County Commissioners of Collier
County, Florida, is hereby authorized to execute forms required by the
Florida Department of Transportation necessary for temporary closure of
State Road 29 to facilitate this specified special event (Cattle Drive)
fundraiser to benefit the Roberts Ranch.
2. The Board of County Commissioners acknowledges the Florida
Department of Transportation requirement that they not be held responsible
1602
for traffic control, loss, cost, or expenses arising as a result of any such
special event and the Board, by authorizing its Chairman to execute the
forms, agrees that as between the County of Collier and the Florida
Department of Transportation, the County of Collier will be responsible for
traffic control and liability claims arising from or based upon the activities
of the event to the extend specified in the respective forms.
3. Nothing herein shall be construed as an assumption by the Board of County
Commissioners of Collier County, Florida, of liability for claims unrelated to
the applied-for street closure and for which the Florida Department of
Transportation would otherwise be liable. Nothing herein shall be construed as
a waiver of any defense or limitation available to the Board of County
commissioners of Collier County, Florida pursuant to Section 768.28, Florida
Statutes, or otherwise.
4. This Resolution shall take effect immediately for adoption.
THIS RESOLUTION adopted this /.< d-day of
~..L..u~ ., , 2002 after motion, second, and majority vote
in favor of adoption.
DATED: d--~"'--lJ /<,.:uo 2-
,,1111""1,
,~~f~~!:~~'~;", BOARD OF C MMISSIONERS
/'.." : r?~E:}~~~. CLERK OF CaLL ,E ~
\~~~~ ~'I~~S N COLmA, :AIRMAN
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App;o\le(1"as't~ form
and legal SUfficier ,J
/OIlV\ ~
Thomas C. Palmer,
Assistant County Attorney