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Home My WebLink AboutO-12187J-02-109 2/14/02 ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12128, AS AMENDED, BY CREATING A NEW CAPITAL IMPROVEMENT PROJECT AND MODIFYING AN EXISTING CAPITAL IMPROVEMENT PROJECT FOR RIVER WALK EXTENSIONS AS DETAILED HEREIN AND ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,160,000, CONSISTING OF TWO GRANTS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY TO ACCEPT THE GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT"), with the approval of the Metropolitan Planning Organization, has awarded two federal grants to the City of Miami for the design and construction of river walk extensions as follows: $1,260,000 for an extension near Jose Marti Park and $900,000 for an extension near Lummus Park; and WHEREAS, the extensions will serve to link existing river walks to other rights-of-way and access points; and WHEREAS, the proposed Jose Marti extension will run along the Miami River under I-95 on property leased to the City by i211?i FDOT, then along Southwest 3rd Avenue to approximately 6th Street, and the proposed Lummus Park extension will run along Northwest South River Drive, from approximately Northwest 3rd Street to the 5th Street Bridge and Northwest 7th Street, as described on Composite "Exhibit A," attached and incorporated; and WHEREAS, these grants were awarded with the support of the Trust for Public Land (the "Trust") and the Miami River Commission and are consistent with the Miami River Greenways Action Plan, adopted in principle by the City in May 2001; and WHEREAS, the Trust has offered to participate in these projects by providing qualified engineering services through a Knight Foundation grant; and WHEREAS, a new Capital Improvement Project entitled "Jose Marti Park River Walk Extension", CIP No. 331413, is to be created for this purpose; and WHEREAS, additionally, the City previously received a grant of $500,000 from the Florida Department of Environmental Protection (FDEP) for various improvements, including, among other things, a river walk, public plazas and streetscape enhancements for City property on the Miami River across from Lummus Park, also known as Lummus Landing, and said funds were appropriated along with other resources into Capital Improvement Project No. 322064 entitled "Riverside Riverfront Redevelopment"; and Page 2 of 6 121 S WHEREAS, FDEP has advised that only $337,000 of the $500,000 grant is currently available for this project of the City; and WHEREAS, the new $900,000 FDOT grant will be used in part to offset the FDEP funding reduction, thereby allowing the completion of the streetscape improvements at Lummus Landing; and WHEREAS, Capital Improvement Project No. 322064 will be further modified to expand its scope to include the river walk extension and additional streetscape enhancements along River Drive to Northwest 7th Street; and WHEREAS, in order to accept the new funds and to implement these projects, it is necessary to amend the agreement dated November 7, 1997, as amended, with FDEP to modify that source of funding for Capital Improvement Project No. 322064 and to execute separate contracts, Local Agency Project agreements with FDOT for the two new grants, and an agreement with the Trust for the provision of engineering services; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 12128, as amended, adopted September 25, 2001, the Annual Appropriations Ordinance for Page 3 of 6 Fiscal Year ending September 30, 2002, is further amended in the following particulars:l/ "Ordinance No. 12128 Section 7. Section 6 of Ordinance No. 11705, as amended, adopted September 28, 1998, Section 5 of Ordinance No. 11839, as amended, adopted September 28, 1999, and Section 7 of Ordinance No. 11970, as amended, adopted September 28, 2000, are further amended in the following particulars to revise previously approved Projects and establish new Projects to be initiated during Fiscal Year 2001-2002: The following appropriations in all Capital Improvement Projects are in the thousands of dollars. The FY 2002 Budqet Allocation represents fundinq available from June 29, 2001 - Sept. 30, 2002. Total FY'2002 Project Budget Appropriation Allocation III. Social and Economic Environment 6. Riverside Riverfront Redevelopment 322064 $1,488.5 $1,163.3 $751.F, $355.2 (a)$ 44.5 - Private Developer Contribution (b)$ 200.0 - Florida State Direct Appropriation (c)$ 160.7 - 96 Safe Neighborhood Park Bond (d)$ 46.3 - Florida DEP Coastal Management Grant 137.0 (e)$ 309.6 - State of Florida Direct Appropriation FY98 (f)$ 900.0 - Florida Department of Transportation Grant IV. Parks and Recreation 103. Jose Marti Park River Walk Extension 331413 $1,260.0 $1,260.0 (a)$ 1,260.0 - Florida Department of Transportation Grant 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 4 of 6 Section 3. The City Manager is authorized' to accept the aforementioned grants and to execute all necessary documents, in a form acceptable to the City Attorney, to accept the grants. Section 4. The herein authorization shall remain valid and outstanding even if the anticipated grant award is reduced or increased. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance is declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make the required and necessary payment of its debts, purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs. Section 8. The requirements of reading this Ordinance on two separate days is dispensed with by an affirmative vote of not less that four-fifths of the members of the Commission. zi 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 Code provisions. Page 5 of 6 Section 9. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED BY TITLE ONLY this 14th day of February , 2001. ATTEST: IdOA SYLY A SCHEIDER ACTING CITY CLERK APPROVED,.*f'V F! AND CORRECTNESS :(A/" LARELLO - ' 1.� 5:tr:LB:BSS si If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. Page 6 of 6 COMPOSITE EXHIBIT "A" Page 1 of 2 JOSE MARTI PARK 0 t218'i END NW 7TH A 7th STREE Mora NW NORTH RIVER DRIVE LUMMUS PARK oil ti Fd "LUMMUS LANDING" REDEVELOPMENT PARCEL No, BEGIN NW 2nd STAND NW NORTH RIVER DRIVE te milt' _ ST its I PIT 1, dd.t_m r 4 a ,-A All millls, CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: C . Gimenez City Manager DATE : JAN 2 n M2 FILE : SUBJECT: Emergency Ordinance: Accept FDOT Grants and Amend CIP for Riverwalk Extensions Near Jose Marti and Lummus Parks REFERENCES: ENCLOSURES: Ordinance RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Emergency Ordinance amending Ordinance No. 12128 by creating a new capital project and modifying an existing capital project for river walk extensions near Jose Marti and Lummus Parks, and accepting two (2) grants from the Florida Department of Transportation ("FDOT") in the total amount of $2,160,000. The Ordinance would further authorize the City Manager to execute all necessary documents, in a fora acceptable to the City Attorney to implement these projects. BACKGROUND The Department of Real Estate and Economic Development has prepared the attached legislation with assistance from the Capital Improvement Program Administrator from the Budget Department. The Florida Department of Transportation, with the approval of the Metropolitan Planning Organization, has awarded two (2) federal grants to the City of Miami for the design and construction of river walk extensions intended to link existing river walks to other rights-of- way and access points: $1,260,000 was awarded for an extension near Jose Marti Park, and $900,000 for an extension near Lummus Park. These grits were awarded with the support of the Trust for Public Land (the "Trust") and the Miami River Commission and are consistent with the Miami River Greenways Action Plan that was adopted in principle by the City in May 2001. The Trust has additionally offered to participate in these projects by providing qualified engineering services through its Knight Foundation Grant. The proposed Jose Marti extension would run along the Miami River under 1-95 on property leased to the City by FDOT, then along SW 3rd Avenue to approximately e Street. The proposed Lummus Park extension would run along NW South River Drive from approximately NW 3`d Street to the 5v' Street Bridge and NW 7t' Street. To implement these projects, the grants must be accepted and the funds must be appropriated into the Capital Improvement Program. Thus, a new capital project entitled "Jose Marti Park River Walk Extension", CIP No. 331413, would be created by the attached legislation. Secondly, - an existing capital project, No. 322064, entitled Riverside Riverfront Redevelopment", would be modified both in scope and in funding. The project currently includes, among other things, a river walk, public plazas and streetscape enhancements for City property on the Miami River across from Lummus Park, also known as Lummus Landing. The project scope would be expanded to include the new river walk extension and additional streetscape enhancements along River Drive to NW 7th Street. The funding modification 121 The Honorable Mayor and N bers of the City Commission Page 2 includes the new $900,000 grant and a change in a previously received a grant of $500,000 from the Florida Department of Environmental Protection (FDEP). FDEP has advised that only $337,000 of the $500,000 grant is currently available for this project of the City. The newFDOT grant will be utilized, in part, to offset the FDEP funding reduction, thereby allowing the completion of the streetscape improvements at Lummus Landing. Lastly, the Ordinance authorizes execution of the legal documents, in a form acceptable to the City Attorney. These include an amendment to the agreement dated November 7, 1997, as amended, with FDEP to modify that funding source for CIP Project No. 322064, separate contracts with FDOT for the two new grants, and an agreement with the Trust for the provision of engineering services. This Ordinance is requested on an emergency basis to meet a deadline imposed by FDOT for the acceptance of the grants. CAG/tB/ w/D Ulw _aNWftAVESTNW4th ST, 122v I Ve, n�A�MMf!§e �1A�1Ml�lwelj�� 6zf�r�� '! tiff f a yw....w.w.yir . ...,y.... 7 EXISTING RIVER WALK JOSE MARTI PARK I ADDITIONAL RIVER ACCESS STREET END IMPROVEMENTS SW 3rd AVE / SW 6th ST « END NW 7TH AVE N- NW 7th STREET 11010 � fit PC�