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HomeMy WebLinkAboutR-19-0333City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution: R-19-0333 File Number: 6237 Final Action Date: 9/12/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A MASTER UNDERLINE MAINTENANCE INTERLOCAL AGREEMENT ("INTERLOCAL AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI—DADE COUNTY ("COUNTY") FOR THE IMPROVEMENTS TO BE UNDERTAKEN BY THE COUNTY FOR THE UNDERLINE OPEN SPACE RECREATIONAL PROJECT ("UNDERLINE PROJECT IMPROVEMENTS") TO BE GENERALLY LOCATED ON THE CITY'S RIGHTS-OF-WAY AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("TOTAL UNDERLINE PROJECT IMPROVEMENTS AREA WITHIN THE CITY'S RIGHTS-OF-WAY"); PROVIDED THAT THERE ARE NO COSTS TO THE CITY INVOLVED, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ANY AND ALL SUPPLEMENTS AND AMENDMENTS TO THE INTERLOCAL AGREEMENT FOR THE TOTAL UNDERLINE PROJECT IMPROVEMENTS AREA WITHIN THE CITY'S RIGHTS-OF-WAY; FURTHER PROVIDING AND REQUIRING THAT ANY FUTURE PROPOSED COSTS TO THE CITY UNDER ANY SUPPLEMENT OR AMENDMENT TO THE INTERLOCAL AGREEMENT SHALL REQUIRE CITY COMMISSION APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County ("County") has requested permission to implement and maintain select improvements related to the elements of the Underline open space recreational project ("Underline Project Improvements") to be generally located on the City of Miami's ("City") Rights -of -Way along the Rapid Transit Zone within the public road rights-of-way (excluding the presently existing Miami -Dade Transit Metrorail corridor itself) from the south side of the Miami River to the City's southern boundary at approximately the intersection of Orange Street and SW 38 Avenue, more particularly depicted in Exhibit "A," attached and incorporated ("Total Underline Project Improvements Area within the City's Rights -of -Way"); and WHEREAS, the City and the County are mutually desirous of providing for the implementation and maintenance of the Underline Project Improvements within the Total Underline Improvements Area within the City's Rights -of -Way by entering into a Master Underline Maintenance Interlocal Agreement ("Interlocal Agreement") pursuant to Section 163.01, Florida Statutes; and WHEREAS, the initial portion of the Underline Project Improvements, known as the "Brickell Backyard," is set forth in Exhibit "A-1," attached and incorporated, representing work to be undertaken by the County from the south side of the Miami River to the south side of Coral Way (SW 13 Street) within the Total Underline Project Improvement Area within the City's Rights -of -Way; and City of Miami Page 1 of 3 File ID: 6237 (Revision: A) Printed On: 2/7/2020 File ID: 6237 Enactment Number: R-19-0333 WHEREAS, from time to time, the County and the City may need to add subsequent portions of the Underline Project Improvements within the Total Underline Project Improvements Area within the City's Rights -of -Way by supplementing and adding to the Interlocal Agreement new exhibits as work progresses; and WHEREAS, the Federal Transit Administration has issued a letter of consent for the overall Underline project, attached and incorporated as Exhibit "B"; and WHEREAS, as a further demonstration of the City's funding support for the Underline Project Improvements to be undertaken by the County within the Total Underline Project Improvements Area within the City's Rights -of -Way, the City Commission previously passed Resolution Nos. R-15-0371 adopted September 10, 2015, R-16-0409 adopted September 8, 2016, and R-17-0143 adopted March 23, 2017; and WHEREAS, the City and the County desire to enter into the Interlocal Agreement allowing the County to implement and maintain the Underline Project Improvements within the Total Underline Projects Improvements Area within the City's Rights -of -Way; and WHEREAS, the Board of County Commissioners will consider authorizing the County to enter into the Interlocal Agreement and authorize the County Mayor to undertake, from time to time, the necessary project supplements and amendments to the Interlocal Agreement in the near future; and WHEREAS, it is in the bests in interests of the City for the City Commission to authorize the City Manager to negotiate and execute, in a form acceptable to the City Attorney, the Interlocal Agreement and, providing that there are no costs to the City, from time to time the necessary Underline Project Improvements supplements and amendments to the Interlocal Agreement for the Total Underline Projects Improvements Area within the City's Rights -of -Way, and to provide and require that any proposed costs to the City be approved by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute, in a form acceptable to the City Attorney, an Interlocal Agreement between the City and the County for the improvements to be undertaken by the County for the Underline Project Improvements to be generally located on the City's Rights -of -Way as depicted in Exhibit "A", attached and incorporated. Section 3. Provided that there are no costs to the City involved, the City Manager is further authorized' to negotiate and execute, in a form acceptable to the City Attorney, any and all supplements and amendments to the Interlocal Agreement for the Total Underline Project within the City's Rights -of -Way. ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 6237 (Revision: A) Printed on: 2/7/2020 File ID: 6237 Enactment Number: R-19-0333 Section 4. This Resolution further provides and requires that any future proposed costs to the City under any supplement or amendment to the Interlocal Agreement shall require City Commission approval. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 ryt6ria-Wnd6'z, Cify Attoriey 813012019 jyt6riia ' ndez, ity ttor iey 1/31/2020 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 6237 (Revision: A) Printed on: 2/7/2020