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Resolution 2000-070 16 C 3 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 16 C 3 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. 2 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 16 C 3 / "\ BOARD~F 'COUNTY COMMISSIONERS OF C.O' LLlER S..Ol!NTY1E.!.O RIDA ~;,r By' . ..' ":IM~. Y . C~~ANTINE, Chairman G \,' 3