86-61
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RES 0 L UTI 0 N
No. 86 - 61
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE CI'ry MANAGER OR nIS DESIGNEE TO
EXECUTE ON BEHALF OF THE CITY SUCH APPLICATIONS
AND OTHER FORMS THAT MAY BE REQUIRED BY THE FLORIDA
DEPARTMENT OF TRANSPORTATION IN ORDER TO PERMIT
THE TEMPORARY CLOSING OF ANY STATE ROAD WITHIN
THE CITY IN'CONJUNCTION WITH ANY SPECIAL EVENT 1
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is necessary from time to time to close State Roads
temporarily in order to conduct special events, such as but not
limited to parades, races and street dances1 and
WHEREAS, the Florida Department of Transportation requires that
certain forms be completed by a city official in order to request
the temporary closing of State Roads for such purposes; and
WHEREAS, the present form used for this purpose includes a
statement 'that the City will assume all responsibility for
traffic control and any liability claims arising from or based
upon the activities of such events, and disclaiming such
,
responsibility on the part of the Florida Department of Trans-
portation1 and
, ,
WHEREAS, the City Commission of the City of Clearwater desires
to authorize the City Manager or his designee to execute any and
all necessary forms 'for the temporary closing of State Roads, as
provided herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMHISSION OF THE CITY OF CLEARWATER, FLORIDA:
section 1. The City Manager, or his designee, is hereby
authorized to execute any applications or other forms of the
Department of Transportation necessary for the temporary closing
"'of a State Road within the City in ol"der to facilitate special
events, and'for other municipal purposes. As used herein,
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,,:.,' "special event II ,shall have 'the meaning set forth in section 116.31,
Code ,of Ordinances, and shall be limited to those special events
for which a complete and acceptable permit application has been
~'filed and a special event permit has been issued by the City
,', ,~anager or his designee as provided in Article III of Chapter 116,
Res. 86-61
9/18/86
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Code of Ordinances, as the same mny be amended from time to
,time. The issuance of a special events permit for any s~ecial
event requiring the temporary closure of a State Road shall
constitute a determination that such temporary closure is
"necessary" within the meaning of Secti.on 337.406(1), Florida
Statutes, as amended by Chapter 86-37, Laws of Florida (1986),
or successor provisions thereto.
Section 2. Nothing herein shall be construed as an assumption
by the City of Clearwater of liability for claims unrelated to
street closure and for which the Florida Department of Transportation
would otherwise not be liable.
Nothing herein shall be construed
as a waiver of any defense or limitation available to the city of
Clearwater pursuant to Section 668.28, Florida Statutes, or
succeasorprovisio~s thereto.
section 3. This resolution shall take effect immediately
"
. upon adoption.
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PASSED AND ADOPTED this 18th day of September, 1986.
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