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HomeMy WebLinkAboutR-00-0601J-00-573 6/30/00 RESOLUTION NO. 6 0 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ("SCHOOL BOARD") TO CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS AND WALKWAY OVER AND ACROSS A PUBLIC UTILITY EASEMENT, LOCATED ON THE BOOKER T. WASHINGTON SENIOR HIGH SCHOOL, TRACT "B", NORTH OF NORTHWEST 11TH TERRACE BETWEEN THE EXISTING SCHOOL FACILITY AND THE PROPOSED CLASSROOM ADDITION WITH A MINIMUM CLEARANCE OF 12 FEET ABOVE THE SURFACE OF THE PUBLIC UTILITY EASEMENT, CONDITIONED UPON THE SCHOOL BOARD EXECUTING A COVENANT TO INDEMNIFY IN FAVOR OF THE CITY OF MIAMI; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF THE OVERPASS AND WALKWAY UPON FAILURE OF THE SCHOOL BOARD TO MAINTAIN THE OVERPASS AND WALKWAY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSES. WHEREAS, the State of Florida Requirements for Educational Facilities Rule 5.3 (2) (c) 2 requires that all facilities in Pre -K through Grade Twelve (12) be accessible under one continuous roof cover; and WHEREAS, the School Board requests permission to construct a pedestrian overpass and walkway over and across a public utility easement located on the Booker T. Washington Senior High School, Tract "B", between the existing school facility and a proposed classroom addition; and CITY CO dISSION IVIEETINf G OF Ju L 2 0 2000 elution N R 1 WHEREAS, the pedestrian overpass and walkway will be located north of Northwest llth Terrace with a minimum clearance of 12 feet above the surface of the public utility easement; and WHEREAS, the School Board agrees to execute a covenant to run with the land whereby it agrees to indemnify, defend, save and hold harmless the City of Miami ("City") from any claims, demands or liabilities of any nature whatsoever arising out of the construction and maintenance of said pedestrian overpass and walkway, said covenant to be prepared by the City in a form acceptable to the City Attorney; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The School Board is hereby authorized to construct and maintain a pedestrian overpass and walkway!/ over and across a public utility easement located on the Booker T. Washington Senior High School, Tract "B", north of Northwest 1lth Terrace between the existing school facility and the proposed classroom addition, with a minimum clearance of 12 feet above the surface of the public utility easement. Section 3. The School Board will execute a covenant to run with the land whereby it agrees to indemnify, defend, save It is understood that said overpass and walkway shall be limited to pedestrian access for ingress and egress purposes exclusively. Page 2 of 4 (51 0 1 and hold harmless the City from any claims, demands or liabilities. of any nature whatsoever arising out of the construction and maintenance of said pedestrian overpass and walkway, said covenant to conform with the requirements of the Department of Public Works. Section 4. In the event that the School Board, its heirs, successors, or assigns fails to properly maintain said pedestrian overpass and walkway so as to become a hazard to the health, welfare and safety of the general public, the City may, upon proper notice2/, require the School Board to remove said overpass and walkway and restore the public utility easement to a condition satisfactory to the City. Section 5. If the School Board fails to remove said overpass and walkway as provided in Section 4 hereinabove, then the City, upon proper notice'/ may contract for the removal of said overpass and walkway and any and all costs incurred by the City relative to said removal, including restoration of the public utility easement, shall be the responsibility of the School Board. Section 6. The City Manager is hereby authorize&/ to execute all necessary documents in a form acceptable to the City Attorney for said purposes. The period of 30 days is considered proper notice and the procedure for giving notice as well as the provisions authorizing the City Manager to contract as agent for the School Board are fully set forth in the covenant referred to in Section 3 hereof. Ibid. 4i 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 3 of 4 U 0 Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayors/ PASSED AND ADOPTED this 20th day of July , 2000. JOE CAROLLO, MAYOR In accordance with Miami Cade Sec. 2-36, since the Mayor dict not Indicate approval 01 this legislation by signing it in the designated ,ace provided, sald In ido ation n= becomes effective with the elapse often IO) d,a, from the date of C ' isslon action Tegarding same, without the May ex cis veto. ATTEST: .... =. _ WALTER J. FOEMAN CITY CLERK If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. Page 4 of 4 o u CITY OF MIAMI, FLORIDA CAM10 INTER-OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission -. --�• "en- RECOMMENDATION DATE: jUN 3 0 2000 FILE: SUBJECT: Pedestrian Walkway over utility easement at Booker T. Washington School REFERENCES: ENCLOSURES: Location Map, State requirements It is respectfully recommended that the City Commission adopt a Resolution authorizing the School Board of Miami -Dade County to construct and maintain a pedestrian overpass and walkway over and across a public utility easement located on the Booker T. Washington Senior High School site, north of NW 11th Terrace between the existing school facility and the proposed classroom addition. BACKGROUND The Miami -Dade County School Board is converting the Booker T. Washington educational facility from a middle school to a senior high school. The conversion includes renovations and additions to the existing facility. The State of Florida Requirements for Educational Facilities Rule 5.3(2)(c)2. requires that all facilities in pre -K through grade twelve (12) be accessible under continuous roof cover. The new classroom building proposed for this site is separated from the existing school facility by a public utility easement. In order to comply with the State rule, a covered pedestrian overpass and walkway must be constructed over and across the public utility easement. The utility companies' use of the public easement will not be impeded. In accordance with City Code Section 55-14, "Encroachments on or in the rights-of-way, public easements, private easements or emergency access easements; exceptions", the City Commission, by resolution, may permit these encroachments over the public easements which do not unduly restrict use of the easement. CAC- /FKR/HJ/mm �oa Walkway-Bookeffschool-MEMO 0 �' ,�•,/►� �� � � e l°�' aN� 05/22/00 MON 07:48 FAX 305 9A 4740 DESIGN MANAGEMENT Q003 b. Bicycle parking areas a District warehouRse, maintenance and bus compounds d. Securityfencing and gates may he installed around the perimeter of buildings asd sites provided pedestrian egress is provided at all times when the sire is occupied (c) Walks, Roads, Drives, and Parking Areas. Walks, roads, drives, and parking areas on educational and ancillary sites shall be paved. Roads, drives, and parking areas shall be in compliance with Department of Transportation (DOT) road specifications and striped in compliance with DOT paint specifications. All paved areas shall have positive drainage. 1. VefiicularlPedestrian Interface. Passenger drop-offlloading zones shall be as close to accessible entrance(s) as possible and meet the requirements of the ADA and Chapter 553, F.S., for accessibility. The driveway pavement at passenger drop-offYloading zones should either - a. Provide a continuous six (6) inch curb that extends rhe full length of & drop-off loading zone, udrh appropriardy located curb cuts and ramp with a warning strip extending a minimum ofthirty-six (36) inches beyond rhe sides and beginning of t ie. ramp, marked in color and tti txm or ' b. Raisedriwv ay to be erten with the walk for Phefull length of the zone wirb bollards provided at four 7 (4) foor inwmals, or other similar barrier, along the in&rsection of rhe pavemenr and waLkmay. k D 2. al- and Acces le All facilities in pre -K through grade twelve (12) shall be accessible under &A continuous roof cover. a. The minimum clear width for major exterior walks accessible to the disabled and primary connections between buildings shall be wide enough to allow wheel chairs to pass. Aco blelks�hall .connect �, building entrance(s) to all accessible parking, public transportation stops, public streets, sidewalks, loading and drop-off zones, and other facilities within the site. b. Level areas shall be provided adjacent to accessible walks at one -hundred (100) foot intervals.^ These level areas shall be a minimum of forty-two (42) inches by seventy two (72) inches. Included in this area shall be a bench and an open area for wheelchairs. c. Soil, grass, and planting beds shall provide positive drainage away from walk(s), but shall not fall away at more than a three percent (3%) gradient of slope for a ,minimum distance of five (5) feet from the edge. The location for all drains, grates, drop inlets, catch basins, and other drainage elements shall be to the side of walks. Curb cuts shall be out of the main flow of pedestrian traffic. d. In facilities requiring ramps that house pre -K children, a minimum of one (1) accessible ramp with a maximum gradient of one in twenty (1:20) shall be provided. e. Walls, railings, or other physical barriers, a minimum twelve (12) inches in height, shall define and protect any vertical drop between joining or abutting surfaces of more than six (6) inches but less than eighteen (18) inches in height. Any vertical drop of eighteen (18) inches or more shall be protected by a wall or guardrail a minimum of forty two (42) inches in height. f. Where covered walks are provided, extend the width of the roof cover one (1) foot beyond each side of the walk Gutters, or other water funneling devices shall prevent storm water from pouring onto or draining across walks. 3. Roads and Streets. a. Educational and ancillary site access shall consist of a primary road and another means of access to be used in the event the primary road is blocked. EXCEPTION: Stabilized wide shoulders of the primary road, unobstructed by landscaping, planters, light fixtures, poles, benches, etc_, which allow t Page 86 April 199y �- ATTACHMENT "B" �� U