HomeMy WebLinkAboutR-00-0602J-00-603
7/26/00
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE UNITED STATES GENERAL
SERVICES ADMINISTRATION ("GSA") TO CONSTRUCT
AND MAINTAIN A PEDESTRIAN WALKWAY UNDER AND
ACROSS NORTH MIAMI AVENUE, APPROXIMATELY 217
FEET NORTH OF NORTHWEST 3RD STREET BETWEEN
THE PROPOSED UNITED STATES COURTHOUSE
BUILDING AND THE EXISTING FEDERAL JUSTICE
CENTER BUILDING, CONDITIONED UPON GSA
EXECUTING A COVENANT TO INDEMNIFY IN FAVOR OF
THE CITY OF MIAMI; PROVIDING FOR A PROCEDURE
FOR THE REMOVAL OF THE PEDESTRIAN WALKWAY
UPON FAILURE OF GSA TO MAINTAIN THE
PEDESTRIAN WALKWAY; AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE.
WHEREAS, the United States General. Services Administration
("GSA") wishes to construct a pedestrian walkway under and across
North Miami Avenue, between the proposed United States Courthouse
building and the existing Federal Justice Center building, to
provide safe, sheltered and secure access; and
WHEREAS, the proposed pedestrian walkway will be located
approximately 217 feet north of Northwest 3rd Street and under
the surface of North Miami Avenue; and
C"I"TY COVMSSION
MURTM11C OF
it! 1 11 2000
IW6u,Uuon A0.
630 .
WHEREAS, GSA 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 walkway, said
covenant to be prepared 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. GSA is hereby authorized to construct and
maintain a pedestrian walkway'/ under and across North Miami
Avenue approximately 217 feet north of Northwest 3RD Street
between the proposed United States Courthouse building and the
existing Federal Justice Center building, under the surface of
North Miami Avenue.
Section 3. GSA shall execute a covenant to run with the
land whereby it agrees to indemnify, defend, safe and hold
�i It is understood that said pedestrian walkway shall be limited to
pedestrian access for ingress and egress purposes exclusively.
Page 2 of 4 o— 602
harmless the City from any claims, demands or liabilities of any
nature whatsoever arising out of the construction and maintenance
of said pedestrian walkway, said covenant to be prepared by the
City in a form acceptable to the City Attorney.
Section 4. In the event that GSA, its heirs, successors,
or assigns fail to properly maintain said pedestrian walkway so
as to become a hazard to the health, welfare and safety of the
general public, the City may, upon proper notice�require GSA
to remove said pedestrian walkway and restore the right-of-way of
North Miami Avenue to a condition satisfactory to the City.
Section 5. If GSA fails to remove said pedestrian
walkway as provided in Section 4 hereinabove, then the City, upon
proper noticel� to GSA, may contract for the removal of said
walkway and any and all costs incurred by the City relative to
said removal, including restoration of the right-of-way of North
Miami Avenue, shall be paid by GSA.
Section 6. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.4/
The period of 30 days is considered proper notice and the procedure for
giving notice is fully set forth in the covenant referred to in Section
3 hereof.
Ibid.
4i 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.
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Page 3 of 4
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PASSED AND ADOPTED this 20th day of July 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code. Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated plat rovided, said legislation now
becomes effective with the elapse of ten (10) days f the da,' of Commis'., ,:.cticn
regarding same, without the Mayor w rcisinq a)
ATTEST:
WALTER J. FOEMAN
CITY CLE&K
APP 'VEDA OTO FC)AN AND CORRECTNESS:r/
LLO
RNEY
W4523:LB:BSS
Clerk
Page 4 of 4 00
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CITY OF MIAMI, FLORIDA CA=11 MEMORANDUM
To : The Honorable Mayor and DATE: JUN 3 Q LV
FILE
Members of the City Commission
SUBJECT: Pedestrian Walkway under and
across North Miami. Avenue
FROM: S e ez REFERENCES:
City Manager
ENCLOSURES:
Location Map
RECOMMENDATION
It is respectfully recommended that the City Commission adopt a Resolution authorizing
the US General Services Administration (GSA) to construct and maintain a pedestrian
walkway (tunnel) under and across North Miami Avenue between the proposed US
Courthouse building and the Federal Justice Center building.
BACKGROUND
The GSA has assembled parcels of land on the west side of North Miami Avenue
between NW 3 Street and NW 5 Street in order to construct the new US Courthouse.
Due to recent security problems at Federal complexes, the GSA desires to provide safe,
sheltered and secure access for Federal judges, staff and defendants between the new
US Courthouse building and the existing Federal Justice Center building located on the
east side of North Miami Avenue. The GSA has requested approval to construct and
maintain a pedestrian walkway (tunnel) under and across North Miami Avenue to
connect the two Federal buildings.
The general public's and utility companies' use of the public right-of-way will not be
impeded and vehicular traffic flow will be unaffected.
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 across the public
roadways which do not unduly restrict use of the right-of-way.
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BLOCK 77N
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BLOCK B5N PROPOSED
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BLOCK 97N Proposed
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NOT TO SCALE
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