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02-40 . RESOLUTION NO. 02-40 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A IDGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statutes mandates that the City of Clearwater operate and maintain street lighting on state roads within city limits; and WHEREAS, the City of Clearwater currently receives no compensation from the Florida Department of Transportation (FDOT) to perform said work; and WHEREAS, it is in the best interests of both the City of Clearwater and the FDOT to enter into a Highway Lighting, Maintenance, and Compensation Agreement; and WHEREAS, the proper and timely operation and maintenance of Highway Lighting is important to the City for safety reasons; and WHEREAS, the Highway Lighting, Maintenance, and Compensation Agreement is the required mechanism for the City to receive compensation for the operation and maintenance of street lights on state roads within the City; and WHEREAS, the Agreement clarifies liabilities and ensures the sovereign immunity of the City; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Highway Lighting, Maintenance, and Compensation Agreement between the City and FDOT. Section 2. The City Commission hereby authorizes the City Manager to execute the Highway Lighting, Maintenance, and Compensation Agreement described in the Resolution. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8 th day of Augus t , 2002. ~rm 000 C. Carassas Assistant City Attorney Attest: ~