Submitted By: Sean Lanier
presenter
Presentation By: Tracy Taylor
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Department: Engineering
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Resolution 2025-32 for an Agreement for Subordination of Utility Interest to the Florida Department of Transportation
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
Staff requests the approval of an Agreement for Subordination of Utility Interest for two electric utility easements that affect Marion County Parcel #31962-000-00. The subordination will be granted to the Florida Department of Transportation (FDOT) to support a future expansion project of State Road 40. The City facilities located within the easement areas include feeder poles and guy anchors. FDOT will cover all expenses related to locating, protecting, adjusting, relocating, or removing any City facilities, if necessary.
FINDINGS AND CONCLUSIONS:
A resolution is required for the purpose of authorizing execution of the agreement. Ocala Electric Utility staff have reviewed the agreement. Staff recommends approval.
FISCAL IMPACT:
None
PROCUREMENT REVIEW:
The Procurement and Contracting Officer has reviewed this Agreement in compliance with City policy.
LEGAL REVIEW:
This Agreement has been reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with amendments
• Deny
• Table
RESOLUTION 2025-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA AUTHORIZING EXECUTION OF A SUBORDINATION OF UTILITIES AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION CONCERNING PROPERTY COMMONLY KNOWN AS PARCEL 116.2; DIRECTING THAT THE SIGNED RESOLUTION AND AGREEMENT BE FORWARDED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve
State Road 40, Section No. 36080, F.P. No. 410674-3 in Marion County, Florida; and
WHEREAS, it is necessary that certain easement rights presently owned by the City of Ocala,
Florida, be subordinate to the rights of the State of Florida Department of Transportation; and
WHEREAS, said subordination is for transportation purposes which are in the public or
community interest, is for the public welfare, and in the best interests of the City of Ocala; and
WHEREAS, the State of Florida Department of Transportation has made application to the City
of Ocala to execute and deliver to the State of Florida Department of Transportation an Agreement for Subordination of Utility Interests in favor of the State of Florida Department of Transportation and said request has been duly considered.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ocala,
Florida as follows:
Section 1. Adoption and Incorporation of Recitals.
The City Council of the City of Ocala, Florida adopts the above-outlined recitals and incorporates them herein as part and parcel of this resolution.
Section 2. Purpose and Authority for Resolution.
This resolution is adopted for the purpose of authorizing execution of the above-described
Agreement for Subordination of Utility Interests and subsequent amendments thereto with the State of Florida Department of Transportation and is adopted pursuant to the authority granted by Chapters 166, 334 and 335, Florida Statutes.
Section 3. Designation of Signatory.
The City Council of the City of Ocala, Florida hereby designates the President of the City Council as the official who is authorized to sign the Agreement for Subordination of Utility Interests and subsequent amendments thereto with the State of Florida Department of Transportation.
Section 4. Direction to Staff.
A certified copy of this Resolution shall be forwarded to the State of Florida Department of
Transportation at 719 South Woodland Blvd., Deland, Florida, 32720-6834 along with the executed Agreement for Subordination of Utility Interests.
Section 5. Effective Date of Resolution.
This resolution shall become effective immediately upon adoption.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session duly assembled as follows:
This resolution adopted this ______ day of ______________________, 2025.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Kristen M. Dreyer
City Clerk President, Ocala City Council
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney