Resolution 2000-070
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RESOLUTION NO. 2000-70
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN OR
DESIGNEE TO EXECUTE REQUESTS FOR TEMPORARY CLOSING OF
STATE AND COUNTY ROADS FOR SEPCIAL EVENTS AND OTHER
PURPOSES IN THE PUBLIC INTERESTS AND WHICH CLOSURES
REQUIRE APPROVAL FROM THE FLORIDA DEPARTMENT OF
TRANSPORATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, from time-to-time in connection with conducting special
events unrelated to construction, reconstruction maintenance, or emergency
purposes such as, but not limited to, races, fairs, parades, art festivals, harvest
festivals or other festivals, and other closures that are required in the public
interest, the Collier County Government requests approval from the Florida
Department of Transportation to temporarily close state and county roads to
accommodate such events and other instances; and
WHEREAS, to obtain approval from the State of Florida, Department of
Transportation, a request for temporary closing of state road - Form (850-040-65-
a) is required to be executed and submitted to that Department; which Form
identities the nature of the event requiring the respective streeUroad closure(s),
specifies the duration of the requested closure, and contains an unconditional
statement that the County of Collier assumes all responsibility for traffic control,
and liability to third parties regarding claims arising out of and based upon the
activities of the special event or other road closure instance, and exonerates the
Department of Transportation from such responsibilities; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, desires to authorize its then Chairman or designee to execute forms as
may be necessary to temporarily close state streets/roads for such special
events and other instances where closure is required in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Chairman of the Board of County Commissioners of Collier
County, Florida, or designee, is/are hereby authorized to execute any forms
required by the Florida Department of Transportation as being necessary are
prerequisite to closure of a state streets/roads to facilitate special events and for
other county purposes as required in the public interest.
A. As used herein, special events includes races, fairs, parades; art,
harvest or other festivals and shall have the meanings set forth in Chapter 10,
Section 1, Collier County Code of Laws and Ordinances, and shall be limited to
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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
designee as is then provided for in Chapter 10, Collier County Code of Laws and
Ordinances - (Collier County Ordinance No. 70-11), as the same may be
amended from time-to-time, and those special events or other County purposes
that Collier County has authorized, ratified and/or determined to be in the public
interest.
B. The issuance of special events permit for any special event
requiring the determination that such temporary closure is "necessary" within the
meaning of Section 337.406(1), F/orida Statutes, as amended by Chapter 86-37,
Laws of Florida (1986), or successor provisions thereto.
2. The Board of County Commissioners of the County of Collier
acknowledges and agrees with the Florida Department of Transportation
requirements that said Department and the State of Florida shall not be
responsible for traffic control, loss, cost or expenses arising as a result of any
such road/street closing, and the Board, by hereby authorizing its Chairman (or
Designee) to execute the necessary Forms, agrees that as between the County
of Collier and the Florida Department of Transportation, the County shall be
responsible for traffic control and liability claims arising from or based upon such
road/street closings.
3. Nothing herein shall be construed as any assumption by the Board
of County Commissioners of Collier County, Florida, or of Collier County or any
of its Officers, employees, or other representatives, of any liability for any claims
not directly related to such road/street closure for which the Florida Department
of Transportation would otherwise be liable. Nothing herein shall be construed
as a waiver of any defense or limitation now or hereafter available to the Board of
County Commissioners of Collier County, Florida, of the Collier County, or any of
its Officers, employees, or other representatives, pursuant to Section 768.28,
Florida Statutes, or any successor provisions thereto.
4. EFFECTIVE DATE: This Resolution shall take effect immediately
UPON adoption.
5. CONTINUING RESOLUTION: This is a continuing Resolution and
shall be valid and effective until repealed.
THIS RESOLUTION adopted after motion, second and majority vote
favoring same.
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DATED: .all~.d OC>
ATTEST:
DWiGHT E. BROCK. Clerk
.~. BY:~II'- ilL h.z> U--
.~ . epiJty Clerk
Att~t:as:to Chairman's
s1gAllt\ll"e on1.1_
. .'. .
. . .":,,,Ap,pr.oved as to form
and legal sufficiency:
JMQ~
Tho~as'c, Palmer
Assistant County Attorney
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/ "\
BOARD~F 'COUNTY COMMISSIONERS
OF C.O' LLlER S..Ol!NTY1E.!.O RIDA
~;,r
By' . ..'
":IM~. Y . C~~ANTINE, Chairman
G \,'
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