HomeMy WebLinkAbout708-15 FDOT MOU ROW Acquisition SR39-CR54 RESOLUTION NO. 708-15
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA, AUTHORIZING EXECUTION OF A
MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
ZEPHYRHILLS TO ENABLE THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION TO ACT ON BEHALF OF THE CITY OF
ZEPHYRHILLS IN THE ACQUISITION OF RIGHT-OF-WAY AND
EASEMENTS, AND UNDERTAKE DRIVEWAY MODIFICATIONS
NECESSARY FOR COMPLETION OF A ROADWAY PROJECT ON U.S. 301
(GALL BOULEVARD) BETWEEN S.R. 39 (PAUL S. BUCHMAN HIGHWAY)
AND C.R. 54 (EILAND BOULEVARD) (WORK PROGRAM ITEM
SEGMENT 256422-2),AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 336.467, Florida Statutes allows the Florida Department of
Transportation, hereinafter referred to as the "DEPARTMENT," the authority to acquire Right-of-
Way through condemnation as necessary on behalf of the City of Zephyrhills; and
WHEREAS,the DEPARTMENT, has included in their Work Program the reconstruction of
U.S. 301 (Gall Boulevard), and sections of 6th Street, 7th Street, and Fort King Road from South of
S.R. 39 (Paul S. Buchman Highway)to South of C.R. 54 (Eiland Boulevard); and
WHEREAS, 6th Street, 7th Street, and Fort King Road are not on the State Road System
and the Project requires the acquisition of Right-of-Way and easements, as well as driveway
modifications along these roadways which are located within the jurisdiction of the City of
Zephyrhills,hereinafter referred to as the "CITY"; and
WHEREAS, the DEPARTMENT and CITY agree that it is in the best interest of both
parties for the DEPARTMENT to exercise the power of eminent domain on behalf of the CITY
in order to complete the Project; and
WHEREAS, the DEPARTMENT will perform all Right-of-Way acquisition services
through completion of the eminent domain cases at no cost to the CITY and address any design
issues arising during the acquisition of Right-of-Way and construction of the Project; and
WHEREAS, the DEPARTMENT will be entering into a future Roadway Transfer
Agreement with the CITY for the purpose of transferring the jurisdiction of those sections of 6th
Street, 7th Street, and Fort King Road to the DEPARTMENT as part of the State Road System;
and
NOW,THEREFORE,BE IT RESOLVED, by the City Council of the City of Zephyrhills,
that the City Council President is hereby authorized to execute the Memorandum of Understanding
that authorizes the DEPARTMENT to acquire by conveyance or by eminent domain all Right-of-
Way and easements; and undertake driveway modifications as necessary, for completion of the
Project that lie within the jurisdiction of the City on 6th Street, 7th Street, and Fort King Road, and to
address any design issues resulting from the acquisition of Right-of-Way and easements and
driveway modifications,through the construction of the Proje t, at no cost to the CITY.
DONE AND RESOLVED this 11th day of January,2016.
Attest ss �� �
Lori L. Hillman, City Clerk ntjeth M. urgess, Jr., ouncil President
Gene yfitfield.Mayor
APPROVED AS TO LEGAL FORM AND CONTENT
FOR THE SOLE RELIANCE OF T ITY OF ZEPHYRHILLS
JOSEPH OBLICK, CITY ATTORNEY