Resolution 2001-063
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A RESOLUTION AUTHORIZING THE CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, OR HIS DESIGNEE,
TO EXECUTE REQUEST FOR TEMPORARY
CLOSING OF STATE ROAD 29 FOR ROBERTS
RANCH CATTLE DRIVE IN IMMOKALEE, MARCH
10,2001 FROM 9:30 AM TO 11 :00 AM.
RESOLUTION NO. 2001-63
WHEREAS, from time to time in connection with county necessity in order to
conduct special events not related to construction, reconstruction maintenance, or
emergency purposes such as, but not limited to races, fairs, parades, art, harvest or other
festivals, state and county roads are requested to be closed; and
WHEREAS, The State of Florida, Department of Transportation approval, a Request
for Temporary Closing of State Road Form (850-040-65a) is required to be executed and
submitted to the Department, which form identifies the nature of the event requiring
closures, that is the closing of SR 29 on March 10,2001 from 9:30 AM to 11 :00 AM for the
Roberts Ranch Roundup cattle drive, a statement that the County of Collier will assume all
responsibility for traffic control and liability claims arising from or based upon the activities
of the event and exculpating the Department of Transportation from such responsibility.
WHEREAS, the Board of County Commissioners of Collier County, Florida is
desirous of authorizing the Chairman of the Board or County Commissioners, or his
designee, to execute any necessary forms for temporary closing of state roads.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that
SECTION 1. The Chairman of the Board of County Commissioners of Collier
County, Florida, or his designee, is hereby authorized to execute any forms of the Florida
Department of Transportation necessary for the closure of a state road in order to facilitate
special events and other county purposes.
As used herein, special events, races, fairs, parades, art, harvest or other festivals shall
have the meaning(s) set forth in Chapter 10, Section 1, Collier County Code of Ordinances, and
shall be limited to those special events for which a complete event permit (festival permit or
license) has been issued by the Chairman of the Board of County Commissioners, or his
designee, as provided in Chapter 10, Collier County Code of Ordinances (Collier County
Ordinance No, 70-11), as the same may be amended from time to time, and those events or
County purposes that Collier County has authorized, ratified and/or determined to be in the
public interest.
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The issuance of special events permit for any special event requiring the determination
that such temporary closure is ''necessary'' is within the meaning of Section 337.406(1), Florida
Statutes, as amended by Chapter 86-37, Laws of Florida (1986), or successor provisions thereto,
SECTION II. The Board of County Commissioners of the County of Collier
acknowledges the Florida Department of Transportation requirement that they not be held
responsible for traffic control, loss, cost, or expenses arising as a result of any such special event
and the Board, by authorizing the Chairman of the Board of County Commissioners of Collier
County, Florida to execute the necessary 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.
SECTION III. Nothing herein shall be construed as an assumption by the Board of
County Commissioners of Collier County, Florida of liability for claims unrelated to 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 666.28, Florida Statutes,
or successor provisions thereto.
SECTION IV. This Resolution shall take effect immediately for adoption.
This resolution adopted after motion, second and majority vote favoring same.
This..1~ day of -:?'~ ,2001.
DATED:~~~ :lie/
.."AfiE.~I: .
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
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s1gnatureonl,J_
Approved as to form
And legal sufficifncy
S- ~ Vd-~
Thomas C. Palmer
Assistant County Attorney
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