TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: A Resolution of the City Commission of the City of North Port, Florida, as the Governing Body of the North Port Road and Drainage District, Approving and Authorizing the Mayor to Execute a Maintenance Agreement with the State of Florida Department of Transportation to Clarify Maintenance Responsibilities Within the Limited Access and State Right-of-Way of Interstate 75 at Big Slough Myakkahatchee Creek in Sarasota County; Providing for Incorporation of Recitals; Providing for Conflicts, Providing for Severability; and Providing an Effective Date.
Recommended Action
Option 1: Approve Resolution No. 2025-R-70 and Maintenance Agreement between Florida Department of Transportation (FDOT) and City of North Port for Interstate System/Local Road Crossings.
City Commission Options
Option 1: Approve Resolution No. 2025-R-70 and Maintenance Agreement between FDOT and City of North Port for Interstate System/Local Road Crossings.
• Pros: Grants Road and Drainage Division staff the authority to access and maintain essential stormwater conveyance areas adjacent to the interstate.
• Cons: Adds to staff workload by requiring ongoing monitoring and maintenance of additional drainage and vegetation areas.
Option 2: Deny Resolution No. 2025-R-70 and Maintenance Agreement between FDOT and City of North Port for Interstate System/Local Road Crossings.
• Pros: Keeps maintenance responsibility with FDOT, ensuring they remain accountable for their designated areas under the interstate.
• Cons: Limits the City’s ability to proactively address drainage or vegetation issues, potentially increasing the risk of flooding or service disruptions near the Myakkahatchee Creek.
Background Information
The FDOT constructed a segment of Interstate 75 (I-75) within the geographical limits of the City of North Port. The area in focus, known as the “Local Agency Area” (Roadway Section 17075000), includes the Big Slough and Myakkahatchee Creek region near Sumter Boulevard.
This Agreement establishes shared responsibilities between the City of North Port and FDOT for the ongoing maintenance within the interstate right-of-way, as outlined in exhibits attached to the Agreement. FDOT will retain responsibility for the area within 30 feet of the I-75 bridge drip line, while the City will assume maintenance duties beyond that limit. These responsibilities include vegetation control and stormwater drainage management necessary to preserve water flow and environmental function in and around the Myakkahatchee Creek.
By entering into this Agreement, City staff will gain year-round access to these critical drainage areas, allowing for regular upkeep and emergency response if needed. All maintenance activities must follow federal and state regulations, including the Florida Green Book Standards. The Agreement includes standard legal provisions, including mutual indemnification and the preservation of sovereign immunity as allowed under Florida law. It replaces any previous arrangements regarding this maintenance area.
Resolution No. 2025-R-70 has been reviewed by the Interim City Attorney and is legally correct as to form.
Resolution No. 2025-R-70 and the Maintenance Agreement were provided to the City Clerk's Office on October 3, 2025, for signature subject to City Commission approval.
Strategic Plan Pillar
Infrastructure & Facilities Integrity
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Resolution
Prepared by: Garrett Woods, CPWP-M, Senior Business Manager
Department Director: Chuck Speake, Public Works Director