Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
R-99-0795
J-99-823 9/30/99 RESOLUTION NO. 0 9 — (` a A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF EDFM CORPORATION, IN THE PROPOSED AMOUNT OF $167,000.00, FOR THE PROJECT ENTITLED "ENTRADA GUARDHOUSE (SECOND BIDDING), B-4612"• ALLOCATING FUNDS THEREFOR FROM PROJECT No.�341204 AS APPROPRIATED BY THE FISCAL- YEAR 1998-1999 ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT ORDINANCE NO. 11705, AS AMENDED, IN THE AMOUNT OF $ 167,000.00 THE CONTRACT COST AND $1,000.00 EXPENSES, AN ESTIMATED TOTAL COST OF $168,000.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. WHEREAS, the homeowners in the Entrada neighborhood submitted a petition to Miami -Dade County Special Taxing District ("Miami -Dade County") requesting designation as a special taxing district for purposes of erecting a security guardhouse in the neighborhood; and WHEREAS, the petition was verified, and, at the request of Miami -Dade County, the Miami City Commission adopted Ordinance No. 11644 on April 14, 1998, declaring the Entrada neighborhood a special taxing district; and WHEREAS, Miami -Dade County subsequently adopted Ordinance No. 98-92 on June 16, 1998, declaring the Entrada neighborhood a CITY COMMISSIONT MEETING OF OCT zC1999 Resolution No. r special taxing district; and WHEREAS, the City of Miami has agreed to construct the guardhouses and receive reimbursement from the homeowners in the special taxing district; and WHEREAS, sealed bids were received September 9, 1999, for "ENTRADA GUARDHOUSE (SECOND BIDDING), B-4612" and; WHEREAS, the City Manager and the Director of the Department of Public Works recommend that the bid from EDFM Corporation, be accepted as the lowest responsible and responsive bid; and WHEREAS, the Fiscal Year 1998-1999 Annual Appropriations and Capital Improvement Ordinance No. 11705, as amended, appropriated funds for the proposed amount of the contract, project expense, and incidentals under Project No. 341204; 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 September 9, 1999, bid received from EDFM 2 - S0- �i'e)i), Corporation, for the project entitled "ENTRADA GUARDHOUSE (SECOND BIDDING), B-4612" in the proposed amount of $167,000.00 the total bid of the proposal, based on lump sum and unit prices, is hereby accepted, at the price stated therein. Section 3. The total estimated project cost of $168,000.00 is hereby allocated from Project No. 341204 appropriated b as y the Fiscal Year 1998-1999 Annual Appropriations and Capital Improvement Ordinance No. 11705, as amended. Said total project costs consist of the $ 167,000.00 contract cost and $ 1,000.00 estimated expenses. Section 4. The City Manager is hereby authorized to enter into an agreement", in a form acceptable to the Cit Attorney, for the " A GUARDHOENTRAD y USE (SECOND BIDDING), B-4612" project. Section 5. This Resolution shall become effective Yi The herein authorization that be is further subject to compliance with all limited to those prescribed edbby the City Attorney, including but not provisions. Y applicable City Charter and Code - 3 - 0JM `�lQ immediately upon its adoption and signature of the Mayoral PASSED AND ADOPTED this 26th day of October _., 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of 'his legislation by signing it in the designated place provided, said legisiaF— oecomes effective with the elapse of ten (10) da from the date of Ccmmiss::. :n regarding same, without the Mayor exercis' et ATTEST: alto . F man, City Clerk WALTER J. FOEMAN CITY CLERK -00010% AND _CORRECTNESS :t/ 800:RCL:hdb zi 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. The Honorable Mayor and Members of the 'ty Commission aw - City Manager 5 Pq OCT - 1 1990- ` -= B-4612 _ - Resolution Awarding Contract for Entrada Guardhouse, B-4612 (Second Bidding) __._ _..... _.__� .. _... - r...._ .. _......�_. __.. _.._. -Resolution RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution -Dade accepting the bid of EDFM Corporation, a company located in Miami -DadeCounty and not within the City of Miami, whose principal is Miriam Rodriguez, President, for "Entrada Guardhouse (Second Bidding), B-4612", received September 9, 1999 in the amount of $ 167,000.00, Total Bid; authorizing the City Manager to enter into a contract on behalf of the City. No work history with the City of Miami within the past three years. BACKGROUND: Amount of Total Bid: $ 167,000.00 of Cost Estimate: 115% Cost Estimate: $ 144,000.00 Source of Funds: Project No. 341204 as appropriated Capital Improvement Ordinance No. 11705, as ame dedby Fiscal Year 1998-99 Minont Representation: 190 invitations mailed 10 contractors picked up specs ( 9 Hispanic,0 Black, 1 Female) 5 contractors submitted bid �( 4 Hispanic, 0 Black, 1 Female) Public Hearings/Notices: No Discussion: The Department of Public Works has evaluated the bids received on September 9, 1999, and determined that the lowest responsible and responsive bid, in the amount of $ 167,000.00 is from EDFM Corporation, a Female - minority controlled corporation. Funds are available to cover the contract cost, and for such incidental items as postage, blueprinting, advertising, reproduction costs, testing, g r �"�,{IM , DHW- .J�K, c.- e U_, t. It' c1'u, Budgetary Impact Analysis 1. Department —U- P "' C- 1�l%r� k 5 Division JE5 19 n 2. Agenda Item # (if available) 3. Title and brief description of legislation or attach ordinance/resolution: ENTP-6ZA CGVPV9-0 USE CSECorsp 11� Nc� 0-y612- 4. Is this item related to revenue? NO: _ YES _ of yes, skip.to item #7.) 5. Are there sufficient funds in Line Item? YES:.._ Index Code _34 120H Minor Obj. Code �, 10 Amount $ NO: Complete the following questions: 6 . Source of funds: Amount budgeted in the Line Item $- ! .2 0 N Amount needed in the Line Item $__ Sufficient funds will be transferred from the following line items: 7 x aucuwanai comments'! lb8. 0dy -F� l e 2e;m bumse 4-0 C t of roved b . 8. Dep en Dire fliesignee FOR, DEPARTMENT OF MANAGI Verified by: nt and Budget '/Designee e /_ Date Date IEUDGET USE ONLY q: BuddetAmxyji Date V FACT SHEET -� PUBLIC WORKS DEPARTMENT DATE 9/13/1999 JOB No.: B-4612 I�--�— CIP No.: 341204 PROJECT NAME: ENTRADA GUARDHOUSE (SECOND BIDDING) TYPE: LOCATION: Matheson Avenue and Stewart Avenue between Douglas Road FEDERAL PARTICIPATION: and BiSb-a-y-n-e-ffa-y. PROJECT MANAGER: E. Estevez 4SSESSABLE: a ASSOCIATED DEPARTMENT: PUBLIC WORKS :MERGENCY: Q tESOLUTION No.: BID REQUEST: FORMAL: ® INFORMAL: IESCRIPTION: Design and construction of a guardhouse buildinn and — yam# ,.i....,. and of a tennis court. All electric gates and SCOPE OF SERVICES: SURVEY/PLAT EN PUBLIC WORKS COST OUTSIDE COST AMOUNT (°,60F CONSTRUCT. COST) SITE INVESTIGATION LJ PLANING AND STUDY DESIGN o� SPECS AND BID PROCESS (Actual) eb —r 'ONSTRUCTION $167,000.00 :ONST. INSP. & MANAGEMENT 0 )THER: Testing ® ® $1,000.00 SUBTOTAL $168,000.00 % ESTIMATED CONSTRUCTION COST= $144,000.00 TOTAL $168,000.00 CONTRACTOR'S INFORMATION: CLASS: =1 M l._:J TYPE OF WORK: General Eng. YEARS OF ESTABLISHMENT: NOW MINORITY: NAME: EDFM Corporation MINORITY: B I H ADDRESS: 10021 SW 98 Avenue Miami, FL 33176 LICENSE: CGCO24746 CONTACT PERSON: Miriam Rodriquez / Fernando Rodriquez TELEPHONE (305) 273- 1628 SUB -CONTRACTORS INFORMATION: NAMES: Power Line E97G000290 r� ALHILL 16732 R & R U Metro Air CAC043419 t MORLIC 'LASS. J-JOWr P"PRIME S-SUB WORMY B•BLACK H•HISPANIC F•FEMALE TABULATION OF BIDS FOR ENTRADA GUARDHOUSE (SECOND BIDDING) e-4612 Received by the City Clark, City or Miami. Florida at 11sOO A.M. an September 9, to" Bidder EDFM CORPORATION VEIECON, INC, Ti]W INC. ALPHA ENGINEERS R,URAFA (EN. CONK? CR Address 10021 SW 98 AVE 1000 SW 1 STREET 7010 SW 46 STREET 1460 -N - NW 107 AVE 8040 SW 51 STREET MIAMI. FL 33176 MIAMI, FL 3305 HIM[,FL 33155 MIAMI , FL 33172 MIAMI. FL 33165 Located In to city er Mlaet NO YES NO NO NO Ltalee! tt irmsed r Pa cl# cmM I; flrlre old. YES YES YES YES YES Old BondAmount_ B.B. VOUCHER B.B. 5% B.B. 5 `,+K B.B. 5% B.B. VOUCHER Irregularities H G , H Minority Owned YES, F YES, H YES, H YES, H YES, H BASE 810:THE TOTAL OF ITEMS 1 THROUGH 10 BASED ON A ONE (100) HUNDRED CALENDAR DAYS COMPLETION TIME THE SUM OF $167 , 000 , 00 184 , 999.00 201, 906.50 223 , 150.21 $284 , 237 . SO WIT PAW MAL WIT PEI(= TOTAL BUT MIX MAL UW MCZ TOrTAi, MIT MIX MAL Ilea 1: Lump sun for denoliIion work 9.720.00 25.000.00 20.000.00 20.535.00 37,500.00 Item 2: Ig sus for coWlele construction of street barricade 7.654.00 4.000.00 21 000.00 10 593.00 12 500.00 Item 3: Linp sun for uardhouse structure including buildin , phabing, mechanical. electrical, and 2 elec. operated gales 82.728.00 Item 4: 1.315 sq. yd of 1' thick K surface 90,359.00 75.900.00 82,856.00 125.000.00 course including bituminous lack cool 6.745 8.870.00 5.40 7.101.00 19.95 26.234.25 25.75 33,861,25 12.50 16,437.50 Ilea 5: 955 s d of 8' c lieerock base 14.174 13,537.00 16.00 15,280.00 9.25 8.833.75 3.08 2.941.40 25,13 24.000.00 Ilea 6: 7,550 sq. It, of Solid sod 0.472 3.567.00 1.46 11.023.00 0.65 4.907.50 0.90 6.795.00 1.00 7.550.00 Item 7: Provide signs and half is markings 7.020.00 5.000.00 7.500.00 10.396.00 f Item 8: 162 Iin 11 of 6' reinf, cant. curb 1 16.20 2.624.00 13.00 2,106.00 13.00 2,106.010 50.85 8,237.70 4,500.00 18.52 3,000.00 Ilea 9: 11 Foxlail Palm Trees 417.77 11,280.00 Ilea 10: Provisions for Special (tens 140,00 5.130.00 275,00 7,425.00 640.18 18,634.86 1,250.00 33,750.00 20,000.00 IRREGULARITIES LEGEND 20,000.00 20,000.00 20,000.00 20,000.00 A — No Power -of -Attorney B —No Affidavit as to capital a surplus of Banding Company THE DEPARTMENT OF PUBLIC WORKS HAS DETERMINED C - Corrected Extensions D - proposal Unsigned Improperly that the lowest responsible and responsive bidder Is EDFM or signed or No corporate seal E -Missing Pr teary Office Locaf Ion Form CORPORATION. for the Total B i d F — Mon-responeivs bid (Mlalng copy of certificate Competency) In the amount of 167. 000. 00. or G — Improper Bid Bond H — corrected Bid ( — No First source Hiring Compliance statement Vu i— No Minority Compliance statement B I D 98-99-177 K — No m otleats Bid Proposal 0 mo.-., e... revue.,.... D A rC . A nr- A inrcr nv, r nuL : I Vr I I IJ-4612 I , 0. record 1s, item gkilk crq clerk ROBERT L. KOEPPEL, HOWARD ScHARLIN and DAVID M. TURNER, Plaintiffs, v. IF 7HE CIF.-711:-- 11th JUPICLAL CIRCv1T, FCR CADE COUNTY, F LOR.IC-:� GENERAL JURISDICTION DI;iISIC CASE NO.. 98--24526 I: . ENTRADA CORPORATION, a not for THE 0RiGI11r,L FILED profit corporation, and REDMOND P. ) BURKE, OU 0%t - 4002 Defendants. ) !iJ i;^ G'=- CE OF ' CIfi1Lll t..)uRi DA3LE CO. rl COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF General Allegations Plaintiffs Robert L. Koeppel, Howard Scharlin, and David M. Turner ("Plaintiffs") hereby sue defendants Entrada Corporation, a Florida not for profit corporation ("Entrada" or to "Corporation"), and Redmond P. Burke ("Burke") and a_lece G= follows: 1. This is an action for declaratory and relief and for an accounting. 2. This Court has jurisdiction pursuant tc S=_ __•- - and Chapter dc', Florida Statutes. 3. Plaintiffs are lot owners in the En--rada Su :.._- located in the City of Miami, Florida. WEISS SEROTA HELFMAN PASTORIZA & GUEOES. P.A. 2665 SOUTH SAYSHORE ORfvE, SUITE 420. MIAM1. FLGP,0A 33,33 TEL. 1305, 854.G80G ^�x; 305 ° 23 4. Entrada Subdivision is an e-tclusive wr::n neighborhood of South Coconut Grove platted in 1921, b_r Hugh an-14 Liguori Matheson (the "Mathesons"). S. Entrada Subdivision consists of approximately: 25 1�ts and various common areas to which the lot owners ::ave dedicated private rights by the Mathesons. These common. a=eas include drives, roads, parks, a canal, channel and yacht ba-sir and are collectively referred to in this complaint as "Common Areas." 6. Defendant Entrada Corporation was incorporated o,- April 6, 1949 by a charter granted by the Circuit Court of the Eleventh Judicial Circuit of Florida. According to the Charter, "qualification for membership in this corporation was established by ownership of real property in the subdivision_ known as Entrada in the City of Miami, Florida." A true and correct copy of the Charter is attached hereto and incorporated by reference as Exhibit "A." 7. Defendant Entrada Corporation was created by she Mathesons for the purpose of owning, holding, improving maintaining the Common :_real "for the use a:d members." B. On April 3, 19-9, the Mathesons trans-ferred __ the Common Areas to the Entrada Corporation: subject other things, the prior rights in Common ._reas dedicat WEISS SEROTA HELFMAN PASTORIZA & GUEDES. P.A. 2665 SOUTH BAYSHORE DRIVE. SUITE 420, M�aMi, FLORIDA 33133 TEL.. 1305, 854-C800 Fes.,. () ��305 85.:-232: -- r� It, 1 r of the lot owners. A true an _ : ect cop.; , f ': e q _ t ._ deed evidencing such conveyance is attached hereto and incorporated by reference as Exhibit "B." T is ccnvevan.ce included a private drive shown on the plat o` Entra, Subdivision as "west Drive." 9. On July 1, 1992, Entrada Corporation_ was dissolve: operation of law for failing to make certain statut:rii•; mandated filings with the Florida Department of -zta=: _.. accordance with Chapter 617, Florida Statutes. 10. Defendant Burke is the owner of a lot in the En=rada Subdivision purchased in 1994 and at all times relevant tc this complaint held himself out as president and a director Entrada Corporation. 11. On or about March 18, 1998, Defendant Burke attempted to reinstate and reincorporate the dissolved Entrada Corporation by making certain filings with the Florida Department of S == which were signed by him in the name of Entrada Corporation. 12. Defendant Burke, toaether with other in:div'-dual homeowners in the City of Miami (the "Applicants"), applied t Miami -Dade County, Florida (the "County") requestinc t-_at t..- Board of Count_; Commissioners adopt an ordnance crear_na a special district under Chapter 1 of the Count'; Ccde provide security for their neighborhood. The J WEISS SEROTA HELFMAN PASTORIZA & GUEDES. P.A. 2665 SOUTH BAVSHORE DRIVE. SUITE 420. MIAMI• FLORIOA 33133 TEL. 13051854•,800 305 554.2333 --- V 1 al',��' encompasses several subdivisions, inc'_udina the -77. rada Subdivision. 13. The boundaries of the special district proposed c•; _'-:e Applicants are generally Dcualas F.cad on the west, Bisca,;-- on the east, Battersea Road on the south and South Bayhc;e -Drive on the north, all in the area of the City of Miami kncwn as Coconut Grove. 14. Because the proposed special district lies entire-_•; within the City of Miami municipal boundaries, Chapter 18 cf the County Code requires that as a condition to the establishment cf the proposed special district the City of Miami Commission must consent to the creation of the proposed special district. 15. At the urging of the Applicants and over th,e objections of the Plaintiffs, the City of Miami Commission, on April 14, 1998, adopted Ordinance No. 11644 (the "Ordinance"', consenting to the creation of the proposed special district. 16. A true and correct copy of the Ordinance is attached hereto and incorporated herein by reference as Exhibit "C." 17. The City of Miami Commission expressly conditioned approvals and authorizations grar__ed in the Ordir_A-,._ contingency that within sixty (60) days cf the Ordinance, the Applicants deliver to the C_ty of Mia:r,_ "City"), among other things, (a) a warranty deed f^r of the Corn,Plcn Areas known as "Wes: Drive" and (b) a__ _.. - .. 4 WEISS SEROTA HELFMAN PASTORIZA & GUEDES. P.A. 2665 SOUTH SAYSHORE DRIVE. SUITE 420. MIAMI. FLORID) 33133 TEL. -3051 654.08OO -•.• �305 354.2323 agreement to protect the City from ar:y ci3im„ arising out of the City's adoption of the Ordinance. _ condition for the indemnity agreement was in recogr`=icn =:a_ the Commission's action may be improper and giv_ rise t_ liability by the City. 18. In order to satisfy the City's condition, o,: Aprii 1998, Defendant Burke, for himself, en behalf c._ t ie _ pp, ican-` (many of whom do not own lots in the Entrada Su:divis,,;:) the name of Entrada Corporation, executed and thereat=: tendered to the City a Statutory Warrant-v Deed attemptir:.: transfer and convey title to West Drive to the Cit_v. _-_s_ actions by Defendant Burke were performed without authorit = or consent of the members of Entrada Corporation or the c- owners. 19. A true and correct copy of the deed to West _rr'-T= tendered to the City is attached hereto and incorporated here'-- by reference as Exhibit "D." 20. In order to satisfy the City's condition, on M=-; 1998, Defendant Burke, for his own benefit ar_c the benefi= __ the Applicants (many of whom do not lots ow- 1 _ Subdivision) and in the _ it - ` name cf Entrada Cor^orat_c:, _xe_ -___ and thereafter delive Indemnification rec to the Ci -� = c:cur;=•_- on and Hold Harmless A - _ gre�_:�e-- 5 WEISS SEROTA HELFMAN PASTORIZA a GUEDES. P.A. 2665 SOUTH 6AYSHORE ORivE, SUITE 420. Mi4r„��• F_CR'" 33133 -_. 305, 8Se.030 0 - J )0- t� Defendant Burke were performed without authority frog.: o_ con -en - of the members of Entrada Corporation or the owner=. 21. A 'true and correct cOp;i Of the _ndemnif-z:a_icn a..� Hold Harmless Agreement is attac-,.ed hereto and _nc: rper= herein by reference as Exhibit "E." 22. All conditions precedent to the bringing of action have been performed or waived. COUNT I LACK OF VALID REINSTATEMENT DEPRIVES ENTRADA OF POWER TO CONVEY TITLE TO WEST DRIVE 23. Paragraphs 1 through 22 are incorporated here -Jr. 24. Entrada Corporation lacked authority to attempt �..� conveyance of title to West Drive to the City of Miami because the corporation was never properly reinstated under Florida 1— for one or more of the following reasons: (a) the application for reinstatement filed by Burke on behalf of the corporation was not signed cy an officer or director of the dissolved corporation as required by Section 617.1623(d), Florida Statutes; (b) the application was not filed in compliance :•r_t state law. 25. As a result, Entrada Ccrporati cr_'t iss remains unchanged and it lacr.s autn_ori ty to czr—,,e_r =. in West Drive. 26. If the conveyance of _i tle to West c rive the City of Miami is not enjoined b_� this Ccurt, Fia_n=irfs ___ 6 WEISS SEROTA HELFMAN PASTORIZA & GUEDES. P.A. 2665 SOUTH BAYSHORE DRIVE. SUITE 420. MIAMI• FL':RIDJ 33133 TEL. JC=- a54.080�: ' 30S 0= 2JEJ • .ty., r 4 be deprived of their interests in the real prcLerty = _ conveyed. As a result, Plaintiffs have no adeu-.;ate . =.:le^;,; law. The conveyance will cause irreparable injury to because the value of Plaintiffs' property will be diri-_se� s a result of the conveyance. 27. Plaintiffs are in doubt about their rig:,=c documents attempting to convey title to West of Miami. WHEREFORE, Plaintiffs pray the Court (a) to declare _:e reinstatement invalid; (b) to declare conveyance cf =itle =_ West Drive invalid; (c) to enjoin the conveyance of title tc West Drive by Entrada; and (d) to grant Plaintiffs sic:_ additional relief as may be just and proper. COUNT II LACK OF VALID REINCORPORATION DEPRIVES ENTRADA OF POWER TO CONVEY TITLE TO WEST DRIVE 28. Paragraphs 1 through 22 are incorporated herein. 29. Entrada Corporation lacked authority to conveyance of title to West Drive to the Cit_; c= P�'_ia=4 b=caps_ the corporation was never properly reincorporated u-der _i_r_da law, for one or more of the fcllcwing reasons: (a) the Corporacicr. cannot- be without the _ r'Lor valid Corporation; (b) the application for reincc:_pora=- -- -_ authorized by a re.ularly call=d 7 WEISS SEROTA HEI.FMAN PASTORIZA & GUEOES. P.A. 2665 SOUTH SAYSHORE ORIVE, SUITE 420. MIAMI. �LOPiO-� 33133 TEL. -3C5- 854-c8CC �af� ��= 554.-,-,� Y corporation's members cr by a meeting oz __s board of directors. Aral in no event could suc a meeting occur until after the Corzoraticn becc-.__z validly reinstated. 30. If the conveyance of title tc West Lri-,e Jzy Entrada. the City of Miami is not enjoined by this Court, Plaintiffs be deprived of their interests in the real property sought tc conveyed. As a result, Plaintiffs have no adequate remed•: law. The conveyance will cause irreparable injury to Flain t_=fs because the value of Plaintiffs' property will be diminished as a result of the conveyance. 31. Plaintiffs are in doubt about their rights under the documents attempting to convey title to West Drive to the Cit_•; of Miami. WHEREFORE, Plaintiffs pray the Court (a) to declare -he reincorporation invalid; (b) to declare conveyance of title to West Drive invalid; (c) to enjoin the conveyance of title to West Drive by Entrada; and (d) to grant Plaintiffs sick additional relief as may be just and proper. COUNT III CONDITIONS OF TRUST DEPRIVE ENTRADA OF POWER TO CONVEY TITLE TO WEST DRIVE 32. Paragraphs 1 through 22 are incorporate-i here_n. 33. On April 28, 1998, Defendant Burk_, =cr h_s benefit and for the benefit of the Applicants tmany of wh_= do not own lots in the Entrada Subdivision) and in -he name .._ 0 WEISS SEROTA HELFMAN PASTORIZA & GUEOES. P.A. 2665 SOUTH BAYSHORE ORIVE, SUITE 420. PAIAMI, �i_OPIC?a 33133 TEL. 1305, 8S4.0900 • e: A 13051 ES4.2323 Entrada Corporation, executed and thereafter _endere• to _--_ City a Statutory Warranty Deed attempting to transfer to the City title to a portion of the Com.Ton Areas known as =s_ Drive. 34. Assuming that Entrada Corporation had bee: va,__i. reinstated and reincorporated, the attempt bv En=_aYa Corporation to convey title to West Drive to the Citv Of .__a.. is ineffectual because: (a) the title to the land attempted to be con-;=j=d was held in a trust which arose by reason: c= judicially -approved charter creating En_=a�_c Corporation and the quit claim deed of lane t� Entrada; (b) together, these documents show that ownership and control of the Common Areas (including Nes_ Drive) is vested in the judicially -chartered Entrada Corporation for the benefit of members; its (c) the judicially -approved charter in 1949 did nc_ grant Entrada the power to convey land. The curt claim deed of the land to Entrada cont_4ne14 conditions on that grant of land. As a resu,r-, the documents created a trust and did not Entrada the Power to convey land held in truss; (d) Entrada Corporation is limited to the cc-,;er; conferred in the judicially -approved 1949 and is without authority to modify the ter-= c_ such trust, absent consent of the lot owners; (e) any conveyance o` title ,� t1e to West �:. �= b_---__��a to the Cit lc: owners wou� _ cor:stthcut conditions of the crusr- tU-c c------- n WE:ISS SEROTA HELFMAN PASTORIZA GUEDES• 2665 SOUTH BAYSHORE ORiVE. SUITE 420, P,A•MIAM1, FLGRipA 331J3 TE:., 13051 BSc.OBGC FAR . z • _.-"i�..: .+� rf�iir����.a h1..)_'_tt., {t f. ' _ . ., .. .... .. .. .... ... .. .. _—__}x�'.'usaee.,.._..__._—. � � '`/ �-J v, rya 35. If the conveyance of title to West Crive by Entrada tc the City of Miami is not enjoined by this Coj_trt, rla_nt: its ;;il, be deprived of their interests in the real prcner-y be conveyed. As a result, Plaintiffs have no adequate remed.; a� law. The conveyance will cause irreparable injury t-- Plaintiffs because the value of Plaintiffs, property will be dimin4shed as a result of the conveyance. 36. Plaintiffs are in doubt about their riahts under the documents attempting to convey title to West Drive to the Cit; of Miami. WHEREFORE, Plaintiffs pray the Court (a) to declare conveyance of title to West Drive a violation of the trust; (b) to enjoin the conveyance of title to West Drive by Entrada; and (c) to grant Plaintiffs such additional relief as may be just and proper. COUNT IV CONVEYANCE OF TITLE TO WEST DRIVE CONSTITUTES A BREACH OF FIDUCIARY DUTY BY ENTRADA CORPORATION AND BY BURS 37. Paragraphs 1 through 22 are incorporated herein. 38. Assuming that Entrada Corporation had bee:: va';µ,-; reinstated and reincorporated under State la;i' nonetheless cannot validly convey title by it in trust without the consent or the l,ct corporate Charter of Entrada, judicially approv=-; in 10 WEISS SEROTA HELFMAN PASTORIZA & GUEOES. P.A. 2665 SOUTH BAYSHORE DRIVE. SUITE 420. MIAMI, FLORIOA 33133 TEL. 13051 854.CSOO -si 305 554.2323 not grant Entrada the power to convey the Ccmmon Areas, cr that matter any land held by it. 39. No reinstatement or reincorporation can alter 'cr modify the terms of the trust created under the Corporatic-'s charter and the 1949 Quitclaim Deed from the Mathesons. 40. Entrada and Burke violated their fiduciary duty =r:e trust beneficiaries, including plaintiffs, by unla:;=- 11. attempting to convey to the City title to land held in tr,;st b•: the judicially -chartered Entrada Corporation w_thCu= authorization from or consent of the lot owners. See Exhibi= "D . It 41. Entrada and Burke caused the trust to attempt tc transfer assets to the City. By reason of the transfer o. West Drive to the City, Burke will realize an enhancement to the value of his real property situated in Entrada Subdivision, thereby deriving an improper personal benefit, either direczlt; or indirectly, within the meaning of Section 607.0831 (1) (h) (2) , Florida Statutes, as made applicable to not for pro -it corporations by Section 617.0831, Florida Statutes. Burke is therefore personally liable to Plaintiffs for violations :: fiduciary duty to the beneficiaries of the trust. 42. Entrada and Burke lrther violate; .he.__ duty to the trust beneficiaries, including plaintiff- b indemnifying the City against litigation resulting =ron C_t; 11 WEISS SEROTA HIELFMAN PASTORIZA & GUEDES, P.A. 2665 SOUTH 6AYSHORE DRIVE, SUITE 420. MIAM;, FLORIDA 33133 . TEL. 13C5= 854.0800 Ax I c 3C� 8S4.232_ V 1,);;�l 01 �� approval of the special taxing district, without authorization from or consent of the lot owners, each of whom are members of the Corporation. See Exhibit "E." 43. If the attempted conveyance of land by Entrada to the City of Miami is not enjoined by this Court, Plaintiffs will be deprived of their interests in the real property sought to be conveyed. As a result, Plaintiffs have no adequate remedy at law. The conveyance will cause irreparable injury to Plaintiffs because the use and enjoyment of Plaintiffs' property will be diminished as a result of the conveyance. WHEREFORE, Plaintiffs pray the Court (a) to declare conveyance of title to West Drive a violation of the trust; (b) to enjoin the conveyance of title to West Drive by Entrada; (c) to declare indemnification of the City a violation of the trust; and (d) to grant Plaintiffs such additional relief as may be just and proper. COUNT V ACCOUNTING AND DAMAGES 44. Paragraphs 1 through 22 are incorporated herein. 45. During 1997 and 1998, Entrada Corporation has beer, collecting funds for the ostensible purpose of paging expe:-:ses of the Corporation. 46. Entrada has failed to account for amounts received and disbursed by it during 1997 and 1998. 12 WEISS SCROTA HELFMAN PASTORIZA & GUEDES. P.A. 2665 SOUTH BAYSHORE DRIVE. SUITE 420. MIAMI. FLORIDA 33133 • TEL. 13051 854.0800 • FAX '305- 854• „� �2323���� 47. As lot owners in Entrada Subdivision and members of Entrada Corporation, Plaintiffs are entitled to an accounting. WHEREFORE, Plaintiffs demand judgment for an accounting of all amounts received and disbursed by Entrada Corporation during 1997 and 1998, and for costs and attorney's fees, and such additional relief as may be just and proper. Dated: October � 71 1998• WEISS, SEROTA, HELFMAN, PASTORIZA & GUEDES, P.A. Attorneys for Plaintiffs 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Tel: (305) 854-0800 Fax: (305) 854-2323 By: STEPHEN J. HELFMAN FLA• BAR NO. 357601 DANIEL A. WEISS FLA• BAR NO. 326119 13 WEISS SCROTA HELFMAN PASTORIZA Bc GUEDES, P.A. 2665 SOUTH BAYSHORE DRIVE, SUITE 420. MIAMI, FLORIOA 33133 TEL. (305) 854.0600 • FAX (305) 65a-2323 ?t TCN� -o �O'C r),C-F a co,,�os�; �l r `�:' ' .. I ...� {� r-•adk /N,:4 u. �3 :i e-t'u�%T�i . �+�j j, `�T39'�}"gi� � � 5 � ! r t '• 4 K '�•4 G� \1 a� •{ '` i i \ ,4"r$gS7`\;a•IS�•• :'L:i -- .-f`�-•,v. � ;+��-.M�.4'��V�G'Yilb L-4'�P�S�•Y art.. i iij.?•:'{ jtL.�+� t ,. y I t;. 3i+tli .. • IN WZI"Ya"+95 I b QDL0:4 s R3 '�""1etfCt;�tU'�•�:��."nt� e R e•�are3C5;►;;:G5�Ri4ElII�' '; ;seal at Alamit Dade County, Florida, t"_ie r'=i $�s5'< 1949. UAL) Notary Pu' lic-State of 716 MY Commiseloa exrireey"�,�,• STdTa OF MOE= v •. ) Before ma, t:,e urdera., a3 aaLSari' _� . day P� pcare3^�iw;r 61 +'�Cv�.:f te:. Subscrilter who"' led_%!d that au subscribed to the above and fo. In ropc_ad r and, beZ me first dcl s:crr Z d +v•• �g b+' r .. epcaea nrd saCc e- cc;?:. add;F= ':ri. it 14 i:YLe^��. La Coo: falt.. ` car ry : r G'2 tt.2 and objects got fort&: In the said pr=Bed :hater. •S B*grn to and s�tecc��•bed i"'�uSo�ra me t9i3 4—ZLdey i• �; 03, , 1S4S ublic, Ste.e c: Florida at, Large 13SIGA expires:. } , f7 tfSJ' . r. Or, =3 dart the far:goiag prop: sed Misr -ter vas.presen to and read by me. one of the uudgee of tr. Cir:ult Zoart of the U47Cath Judicial Circuit of Flori3a, In and :or Dride Couaty, az: careful ccaalderation tLereof, I do fiad that the add proposed,' ;, : Charter Is in due sed proper rora and ror thm purposes and ob ew authorised by Charter 617 of the. Mrida 9tatmtes for a. eorporsSY for profit, and, therefore, I do bar by r � .. •:. Y;:.S11e`.s91'd� Clsso n-l4t4lA-.ji*-*by,4r4sred and t udge8 tr s t ��,�\1y.'+l.��r! ,i.�4ia. :l•'. •l.l�:';,f:r'i.:s:`:F��•'-.l:•`�'t'uy.�li•n�` i .. ,r : . AUM MWAMM&v • ..� ................. ...... ugrnrcm a.ompnrry 305-477-9149 •800-287-4799 • FAX 305-477-7526 FC 017 11.001 19970 7 108.101 0007 - Page 1 or`t ';canned on SCANEh y Operator MOM.[:: on Wednesday, August 1997 at 05.06 56 PM sue., 9 m3 �7'Alt — .^.�.-- :--�o+.a�-.Oaf �Y•r��'..�;1.� •,,'•^'��_ta_W.��:lai"�'�.fii� CUtTttdtN OCCO .•,r•, .. •'r .. y • raAYa, h•M LL rtJa,n�aaanaat M �+�; � 3ritrr;thu'r, >ttd. ,�,• _ � d;, „'._ tpr: x B-.A D. 19_LIt2N,P.'I*s;gE11t_ Rttf}H it )tA"H1r3Cp olnad byp hie wiPa, LI:CORI R. g 1._�_�._�t_ — r�C1't __' aaeu►e^ and State .f_ .� .... .._, .__.._....- ,.r•:ta �.� , .. P, VITRADA OCRIOCRATIal; s non-?to"1' co_roore•lon, A_.arthe rL:tpan. ens -Mal �n3 e33-aoa: l�;C: ee}%bo;d-3: ..-- arf the roun ty of-- nAdQ... V • -4-A. re. �' .. o r I . __snd Sao., of F1.QT_ta_3.__..�. part ? r amL.h sera+d part SC Tf MisSF.•C)t. T1t.r the Paid fart I.CJL.( the tint Part, for and it. asaridruat:ea al the '® ar T=N DQ1.1AFte_a tither�oad erd val.,le cona_•.�eratl 1oce ,_ta., � .ISLux _�_ l . htted psr tl,e said J i id brant .% . "1 16, ""ad parr, the rceeipt rhereef is hereby rLLL 39 k aeJ norTed�tl, PTt--- narlLtvl. rrie.erd and quitclaimed, Md bt thw a� P+ewtu !ems_-. retei.q erelease And Quit. f t 4io ttt•t., toe raid part 1'_.�,_ of lit • eb�J part 1f„�, forx.er, all th« ri---•-ski tied r.aiCar f 7 Rltu tills istanes. eia�t utd dated al.ieit the Put._111L +f the ring put ba_ye Lit sod to lh. f41"ia# deaeribed let-- -• pia- • or panrL.. of Lnd aitaat, ilia# and being in the Cl Comely 'Y t.•rir: The dr:v __._ � •--__.____ '.. es, e, - '.Way#, Darioiln . o,4l , Las: -`. : anda°ael A'� aborts on the roe°plat o: s.XUADA.+.S ettclivle:an exbracl lb Triads ° Dade Cou"Y, Florida, wh:ca. Plat 1e n:v of recur: in the Plitte of Sockthe C.erk of the :rc11: Court :f 7n1e 1 5 a:;xje Q. . Iyi.:ti Sau:h o. County. in 'V 44 an Bald recor�e3 p e ao•ah Real N:' A ent coaveyn�cc :E :.act t:ib;t c: ;;, the r edtrlct:oz r, e9er- aea:a, .!e'icatlo.8 te1G nrloi• 1d_::a•.la::e as s•`,avr. et: C. Pig: refe�rsd to a;0va, for �• of 2m1 ir. :zt:etle �:Ld1M- o_ the crnvrlSen.ce of All cwr.ers •fie the de•llcatlnao er.�ortte3 t1t�rRn "' haveraequlred rl.g to saver a_1 0. the oa:d owners betag el:ici=lecrceaes eta/r' 1'-Fe1C . Entrsde Ce racrrttlr•n. recar3oinejeede3u�sae3e ru:;ec: :c t!-,: nui:llc Sr:::st:on if r �~ a 7a•ie :Ounty. Fl:r.:A_,_, n: Pad.. =r<: of P:�Alc Thir cnaveynnca 1p aA1e auo;ect to Conann <n: 11�:ta:lano 01' record ai:,i to Losing ordln°uacs, if_ Pee=lees: nleo sti:Ject to taxon for ChaeysarA194� 1: 8.'%Y t TO H.kl-F• AND TrI HOLD the Point toRethrr and .ioauiar the appurtroaDca tLert. { unto b•lonpia[ er in an y,.ire y,pe,.,a iyaF and ail tl:. ratio, ri[nt• titl., internm -hot. an.[ ,•-in, -,nor of the rail Part_. 1: a of the tint pan sit,_ .d Is. or ` #quit•, to the mil• rn rr u ' - artd behnnr of tltr card Pan r r w b��eeiit 1 ^� : or the "Mad a CresUre part. wain-_Slls..,�-•JMWW&ud auilma rorevrr. M %'1TrF.SS n FIFITF1IF, Tl+• Paid pa+t•tS, a' the line band-6 and aeal•..#the ,I.. end ,tar tinanusa. t sho.r Part ho.y [ FrereuaU set_ z a : [ t. �Ip.ryi. arulml .n.l 'Jill— e•.1 in / ? • �. rrr..'Dh or ya; ` _�•-- star, �^>` `� ...si'1iAt,`+¢a� h � •'.� t'�' ,,-;!Y- t..,�-e��,.ry}��/"_r.: •. • c.,it •y1Ly.. Scanned on SCANER y Operator MBBLE on Wednesday, August 1997 at 05:06.56 Pot S t+aT�Y :.,� ;.. • e""Y v wr ...v...... • w. _ . . - WPUMN STAn us AhTas Y i DADE cowl } 1 il8ItE8Y CERTIFY coat an thta dal t1e+ena•Lj7 appesreJ baton ma es OM aer dull satha:taed b edmlalatar eadte sad tars eciceaarlsdanaaota« _AVQi! ti.l`:;SC"Y �'td :.IGJOPS q ;s� KATRSSON, his wild_ is m as wed kaewn to ie the pw+m_iAmerami in sad .he Men.ted the foregoing dead,, and "b" 1 edpd heron M the the same freelf a-d .alaatariil for the purpose therein as• r proem& i w AND 1 FURTM CERTIFY, That the —A LIGt70RI H. NA: c7£. 30ii -- . known to Inc, = to be the wile of the Oda RQGH K. XATIiZSON m a mparato sad privets esamtaetlm taken and made h� sad bolas sat saprrotely and Opart frets her mid haabaad, did t otkwwbdp that she roads h� •peril to said dead for the parpam of reasancing. relinquishing end emayin`aD her ri;bq tilfa and intareei whether dove llamcd&ad or at ""fate ror'". gtataso.l or agaitebl% is tad se the Umb dmmihed therein. and 'hot she executed the mid teed frosty and vabm• urlil and Witham mx oampatria% sumbaiou apprahmdm of feet of at from her said hualimd. lFILiS± tf:T 6�d sad e•ffidal Gael at-�._yi N3 ;• 4 d Dade P Gaor1 r' d Sato of. Cf or i i a �C dy �? G 'oriri t _ A. D. 11A9._ ..if�mne�elOilao`sikpirmMwe..t5.s.e.A.rr'4e.:..'� .•� I �?��_....�.L�,�lms � i•�,i 7:wsry PU&SePuiSSme of Rlawda at large iR.P.Sea2; '�'0 46 142. rr 16 rr\ R • i e; a S. � ��t � ,a � � \ v 9 ItA "'� ; 1 ro yi �� !. ► s f0 a � of _ �C f; \♦ � � � r� I .ii �z B �s O �c r 1 V a rP, o a ' =e.�� # �c' 0 r � tr ... 1. r a - `." _ sigh M. Matheson and Liguori H. Matheson, TO •• Entrada Corporation' a non-profit corporation. QUIT CLAIM DEED Clerk's File No. Y•.35811 Dated April 8. 1949 Filed May 29 1949 Recorded in Deed Book 313? page 411 Consideration: $10.00 & . 0G&VC . QUIT CLAIMS:_ The drive s ? roads, highways, parks canal t ba sin and channel shown • on t he pla? of ENTRADA9 a subdivision embracing lands . In Dade County Florida, which plat is now of•record L the office of the Clerk of the Circuit Court of Dade County' in Plat Book 5, at page 64 lying South of the North Road -as shown on said recorded plat. - RECITES This conveyance is made subject to the restric- : tions • easements, dedications and prior dedications as..shown.' on said plat referred to above and for the convenience' of <— all owners of land in Entrada Aubdivision who have acquired rights •under the dedications endorsed tapoa the recorded.plat of•Entrada,•all of the said owners being eligible to member- • ship in said Entrada Corporation.. This conveyance is made subject to that public dedication of record in Deed Book 15239 at page-480 of the Public Records of Dade County, Florida. This conveyance is made subject to conditions and limitations of record and to zoning ordinances if an affecting said premises; also subject to taxes for the year 1949 if any there be. $.10 Florida Documentary Stamp affixed and cancelled. `r• r. E e eL:. s / - 1. 1 1 ,- 7-98 THI, i 1 -20 J-98-`I9 4-21-98 2 ORDINANCE NO, 11644 AN ORDINANCE APPROVING THE CREATION OF A SPECIAL TAXING DISTRICT BY MIAMI-DADE COUNTY FOR THE ENTRADA NEIGH80RHOOn, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING 24-HOUR STATIONARY SECURITY GUARD SERVICE AND INTERIM ROVING POLICE PATROL SERVICE; SUBJECT TO CbMPLIANCE : WITH APPLICABLE CITY OF MIAMI' AND MIAMI-DADE COUNTY REQUIREMENTS; APPROVING CONSTRUCTION OF ONE GUARb HOI.tSF FACILITY, GATES. ONE STA;ET CLOSURE. RECONSTRUCTION OF MATHESON AVENUE, RIGHT-OF- WAY ACQUISITION AND RECONSTRUCTION OF WEST DRIVE, DEMOUTION OF A TENbUS COURT, INSTALLATION AND - OPERATION OF TRAFFIC CONTROL 09VICES; AUTHOIUZING AND APPROPRIATING AN AMOUNT NOT TO EXCEED ONE HUNDRED SUCH( -EIGHT THOUSAND DOLLARS ("68,0001 FOR SAID CAPITAL IMPROVEMENTS, AND ADDMONAL E)(PENOITURES FOR ROVING POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; PROVIDING FOR GUARD HOUSE LOCATION AND DESIGN REVIEW Sy CITY; REQUIRING AN INTERLOCAL AGREEMENT. CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE- P - 0 WHEREAS, the citizens of the City of Miami residing In iw Enorada neighborhood P64dorwed Miami -Dade County, pursuant to Chapter XViII of the Miami -Dade County Cade. to create a SPedal Taxing District to provide Stationary Security Guard Service far the Entrada neighborhood; and WHEREAS, lAiWi-Oeds County has vePoady informed tha Chy of Miami ('Cicy`I that the City does trot have any intuast in property in the subfect area which would bs s !dent to special assesSment Puizuant to this ordinance, should dw subiect soscial taxing district be created; and _ ...... ....,,,.. . h a •r -- i of s t 2: u x i r.> ►'- v� M i WHEREAS, the affected rasidems of the Entratia neighborhood have r aPproval of the Miami Cityequestad the �rtllttis5ion for M(enn'-Dede Ccurrty to hold a referendum vota of the residents of the EnTrada rre+Phbo mood. at no expense r4 iris City of MIMI. to authorize t the erection of a Guard House ,,,,;thin dedicated r(giht-of-way and erasion of a 2d•haur Guard it Eervicd 'min said oroPoaed district and interim Roving Guard Service 12 houna a day, days a week, 385 days a year; and i WHCFWAS, the Crty Commissicn. after careful consideration of this matter. deems it edvltablra and in the boat interact of rho General welfare of the City of Miami in general, the residents of 5 e al. and j the Entrada neighborhoad in aartiou(ar, to allow Mlam,_Dade County to 1 'v'w•�y htLrelna ter get forth; r NOW, THEREFORE, BE IT ORDAINED By THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1 • The radials and findings contai g rted in the Preamble to this Ordirtas►ee r ero herebY radooted by reference thereto and incorporated herein ex if fully eet forth. in this r Section. i 54ctton 2. 'The crvati °n Of a SPe+cial Tarrdrg District by Miami -Dada County for d" Entrada nsig�rhood, Miami. Florida. in aeeortlar a with Chapter XVIII of the Miami - Dads Cherie• and Sections 18-2 and • 78-3 of The MiamFOade County Code. for the purpas of providing 24-h0ur Stationary SecurityGuard ni Swvica by Private security• • ('5acu►ity Guard D' Companies rat or District') and interirn roving police Patrol service, is hereby approved, bubjoct to isle r6+iramenTa set forth herein. i Secton 3. 1 The creation of said District and the levying of Onnual special j{ a$sessmentc to support tt s serWce shall require the executiof n oan lntariocal 1 � agreement /n a form iiocs pRabls to the City AttnnneY', between tho City of M-larni and fr[iertrDade County, wherein tha city. aursuent CO aCPiicabts urocurement Procedures, wil famish ane. install for The herein aueho,Izat;c- 'ty Charter n Is furtherincJ subject to compliance with at( rQquIt rnents that may t>e Fhartear and CodeProby the City Attorney.visions. &ng but not limited to thse oprescribed by apO able i Citll t t - I —yet THv r • i the OFstrict all c+t7ftal 'mprovarrre "Mae- irtClr�;nQ w�. s+Wdr, �s �ceSsery to Complete the construcoo 1 Of Ono Guard sidewalk ag and a ea^�Gar and retephone oonn �Quired drain g !'C2ior�q, concrete pads. • � of Me bd1P'rev+asentx, sipninp end etripina. racOnctructim �+ren�te • rip�t-of-vvaY BCQuisltSort and r i of the rennic e.,,rL econstrucdon of West Drive, de,,1 tton • , gat" and one street to ( Oada Caunt c sure, as MQui►gd b If y pubtie !�/Orka OQpararrent: try ensure Y the Oirertcr of the Mianv- Public right-of-way, the safe operation of said ;`Spay in the Section 4. upon the referendum approval of a'neeted resld this $per Taxu, D' ��, and subject too the ' P KTTict CY the s n of /lQreernent betty + ep°mac provision In the lntertocyl een the � and Miami43ade Cou nzy► Providing for reir"bum hY °f eXPensei Inctirfyde the C emerrt m rt�e j� hours a da hY Shaft provide +n tnterirn raving Aatica y. 7 day3 a we°k 365 day& s Patrol service 1 3 Year, ! marked Para' fides, for the �rlod tr �Prisad of off-4utyr Police officers in i guardhouse and °rn October 1. 7998, to eom �m+ncertterrt otr Wetion of the avaltabrlFty, of off -duty police ohgcenr to guard seneices. This service u subject to ttm Section Perforrrr dtisi hrnc8orr, S. upon The ate A&v er"tic, of the f City lWanager is h@reby +ud,p Sub,., is S..W Takuy D�strret. tp et Pend an +moun the Thousand Dottar@ lti'88,000) to t; not to exceed Oren Hundred Sixty- : enrpryverriwrrcr. rnIsh and In&Mfi the eforamentieneldCapital • � Secao+l6, Said in[erfQcii agr+en+en. . i r6mbr'ess tta City for a8 com t 3110 Provide that & 4ftd_0&d@ Coin, sahati f �P+tal ibar rrt T�►als and mupAQes net essa r Provarnents and ;Rt�irn tovtng post rY to provide the Swan 7' Ttie of the Gum Patrol san,ca described herein. ' +saitie►e4. and �� facility► ssiatt remain with acid fac5rrty +hall be leased in �+ City or ;� (s70) Per Pery'et<r+xy to Aaam• i um wtd tu� tin+e as the Disci ode County far � dortua r strict is legally abolished, f�'tY may be ;neluded � d.,Q coat and ir9sr,rence for +ues, levied teimburd to tfie in i by the District. � sat +Huai �sesSn�rt� . I 3 U l i Z3 r P . Section 8; The Gurd Houce Facility (op. ` ifprdved to � Gt1► ) herein a constnycted will he Iucated within the pubtie right•cf-way losat+ed on Matheson Avenue east j of Douglas Road. Camstr' : : tnCtion of ttre Facility is subject to applicant providing the City the location and devl sign of Guard Flousr for rev;a,, sacdan 9. . i The street closure will be located at Stewart Avenue east of Douglas Road. Section tp. Mtemi-Dade County shall he r1L%xx sibla for operating Traffic Control Devices to enable, guards to record the data and time of • retry, vehicle ntaka, model, color and e'ta4 number, it being understood and agreed that'no visitor to the Dastrlct will be denied accasa at enav to the Oiatrilct under any conditions. ' i Section 11. luliamml••Dade Countll shall be resisantibla for contracting for a iWIIIHegiilej 4&JAI llarCial Security Guard Ser ' 1 wi4s. duly lid and bonded and State of Rorida approved, for the purpose Of providing rarvice at the approximarre location SpatifloQ herein'. 24f+ours a day, seven (7) may, a week, three hundred 4b tyf;ys (3851 dart a hear; or, in the alternative, the same services MAY 6e provided using uniformed off -duty po" officers. i Section 13. All aDDro 13 andnd aut}Wrixadans hercht granted am eonajent upon / mPPliesnt providing to GZY lice insurance, opinion of title, warranty deed for Waist pirlvp ( and lndernnlfk&don agreo+nent ecu:vptablet to tine City Attorney y,rtthut 60 lava hereof. All . j aFprovals are en�eby }t,rVW t:onda'tionrd • • . j upon and subject to'tHa affilrmative vote of the residents of the Entrads neighbo�d in an at@sliest to tie t CAN WdUcEed accordutg to W Lanni- = O°de Courstlr Code, and further subject to the approval oi` the !<A•larni-Dade Costrtty heard of s CCrnrn18Slortfra. . section 13• Alf Ordinances tx none i pam of ari4na i9apfar as they are In eensiscent ' Orin eonfGct with the Ora' ' ona of this Orden�e arm hereby repeated. . r - Bastian 14. tf any Section. part of section, Oarb h, clause 9'eP , phrase, oc wor4c of this Qrdinanca is d.ctared tesvatid, the rernainit® woviatons Of this ' alYvrrrp Qrdinaenco SW tvet be : 4 r ia. • el r.,.Y tt) a.� - 8001 1 • SeCLiAtt 15. This' •Ordirancv shag ' become affectiva d4ti ( ! days after tint Heading &W adoption >;tre►eof. PASSED ON FlAS7 READING BY TITLE ONLY this iQth i Fe�rtiary - day of PASSED AND 'ADO . � . �ED ON SECOND AND F AI 'REAojo this 14th day of Ap i l t 988. i -lnE CANOLLO, MAYOR F rdarra !Mdh Mlaft this Cove Z ' s It an U e dso0na �a ^ot rem elapse of ten 10 ate 1 C r�gt-„zuy; ,e:r ATTEST ft j �� ttbttt date o1 Cc veto. . 4 cd ed-4n t' i WaI,TER J. FOEM/RN, C17'Y cI.ERK • . w Fo�. Cary aa* r CAPITAL IMPROVEM • � EMIT REVIEW. ORDINATOR W1 Y s BuDdET Y Rw) Pu ;,J1lS+tES J:. Y, CNRECTO �'` R DtPIlK P' ,EIgH, OIAECTOR �iC.wOAKS DEPARTMENT OFFICE OF QUDGET AND ' MANAGEMi ENT ANALYSIS . AAPPRoCTb AS TQ FORM AND t ,X..O/j EDWARD M 1 ER14 CITY ATt0 lEY Wtt4:rrs;s:cslc:.lEM 6 Ronald A. Shapo, F.sq. x>; PO, FREEDMAN & BLOOM, P.A. First Union Financial Center 200 South Biscayne Blvd., Suitt 4750 Miami, Florida 33131 Parcel I.D. N Grantee I.D. 7 '- TWs I%ium, made on April 2 K , 1999, by ENTRADA CORPORATION, a Florida not -for profit corporation, having its principal address at 3576 Matheson Avenue, Miami, Miami -Dade County, Florida 33133, Grantor, to THE CITY OF M IAMI, FLORIDA, a municipal cor'pomtion, whose address is 3500 Pan American Drive, Miami, Miami -Dade County, Florida 33133, Grant: tSingulst exPmssioar include the plural end any or aeuu.J gender includes all genders] VMNESSETH, that Grantor, for and in consideration of the sum of 'liar Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted, bargained, and sold to Grantee, and Grantee's successors and assigns forever, the following -described land, situate, lying, and being in Dade County, Florida: West Drive lying and shown on the Plat of Entmda, recorded in Plat Book 5, gage 64, of the official records of Miami -Dade County, Florida, and as more particularly described on Exhibit "A" attached hereto and made a part hereof. SUBJECT 70: I. 7bartes fnr 1998 and subsequent years. 2. Conditions, easements, restrictions and limitations of record, if any. 3. Zoning ordinances and other restrictions and prohibitions as imposed by applicable governmental authorities. And Grantor does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. WI'INMES: Print name: o ist Print name: ENTRADA CORPORATION, a Florida not -for -profit corporation By: P'Q0jAA-0-J Redmond Burke, President (SEAL) Qy-' w 1 e1 ,tj STATE OF FLORMA } + a COVNry1515;y tAMt-DADS ss: The foregoing instrument was acknowledged before me this _ o2d,7 day of April, 1998 by REDMOND BURKE, as President of ENTRADA CORPORATION, a Florida not -for -profit corporation, who is p�e� known to me or who has produced as identification. My Commission Empires: ' No P ic, State df F on Sul My Qv. SRdZtxli Print Name: muWad� Ma h9 ( gm Rr� f I OOI:t I.D. 62n.00I 011191 (11231 PAWP11ATAWAMOM97M.1 2 EXHIBIT " r West Drive as shown on the ,41at of Entrada, a subdivision �j� embracing lands in Miami -Dade county, Florida, which plat is now of record in the office of the clerk of the Circuit court Of Miami -Dade County, in Plat Book 5 at page 64. F:\wpdata\s\entrad&.1g2 vc f c/ o AIG��X k THIS INDEMXFICA HOLD 5S AGREEPLE. T (the "Aareement") is made this M�T day of Ap il, 1998, by and batween ENTRADA CORPORATION, a Florida not -for- fit corporation ("gntra n") , whose address is 3576 Mather -on Avonu,*, Kiami, Miami - Dade County, Florida 33133, and THE CITY OF MIAMI, FLORIDA, a municipal corporation (the "City"), whose address is 3500 Pan American Drive, Miami, Kiami-Dada County, Florida 33133. It being the desire of the parties to this Agreement try satisfy a condition upon the approval of the Entrada Security special Taxing District by the City Commission of the City by way of Estrada indemnifying and holding harmless the City from and against - third arty litigation arising out of or im connection with said approv 1r- NOW, TI ERWORS, in consideration of the premises and other good rind valuable consideration, the surrIciency of whits is aerazy acknowledged, the parties agree to the following terms and provis ions : I. Recital. The above recital is true and correct and is incorporated into this Agreement. Z. Indemn fIc tton and Ugld Harmless. Estrada does and Shall indemnify and gold harmless the City, its office== a.-.d employees, from and against any third party claims, causes of action, damages, and litigation arising directly from or in connection with the eity's approval of the Entrada Security Special Taxing District. The defense of court action arising from the City's approval of the Estrada Security Special Taxing District shall be undertaken by attorneys of Estrada, unless a conflict arises between the interests of Entrada and the City, as determined in the sole opinion of zhe City attorney, at the time of undertaking such legal action, in which case Estrada skull provide alternate counsel to represent the City, which counsel shall be nubjnct to approval by the city attorney. zoo 'a --------ttso-aSE-sac:131 Q0gGTgrwa3H3*0JVRS rV1to (03u)a. - .-"",Qfurur', Qns partia have executed this t AgreemeniK- e and year first written 011 11 C 1'M GignOld, NOWLed MIA delivered in tum %VWftOMftft" 40 W %a F. ENTPADA CORPORATION, Florida -a :hOt-f or-prorlt corporation By: R=MCM BUi=r Its President , 96U10d AUd delivered Mplavw AS TO "M AM COME==85 By.- U=Lz 39. Assistant City AttozMay El -------- fZ90-M-SOE131 0 VXLAR=Lo City Attorney 0019INYWOMI'OPHS b 6: 10 (03.4) 86 .9 G - - ' - 03 C, 7 - 95 The r oinq it +"ent was acknowledged be o �1 Of A ril, 19981 b re me this day OORPO TION, a Florida trot t r-profit corporation. He isBur)M, as President oper personally known to me or has produced identification and did (did not) take an oath, as &I. ThNk,04 Doze of ril, Florida mw produced did (did nc 6W.mt calm (IMAM P:r&V"TA;IIUX=Wj S.1 my Commission Expires Mc -d b me g day THE CITY C as i � • FZ,t�RIDA, a cargo lY known to me or has an ca as identification and 3 --------itc0-8cC-S0£:'13d P lic,A&te of Fi Comm an no. kJ my Coams on Expires: of ULY M. MPMI u * CWM Opp. j ��SaMte MsCi33 9 0019NNNa3m ,odbHS 0:10 1Q3AJ S6 .?,.- : - ii .' t F+ �� Al ai — i,9 0" 1 r IN WI 5S WHEREOF, the partie have executed this Agreement the day and year first written above. Signed, sealed and delivered in the presence of: Print name: Print name: Signed, sealed and delivered in the presence of: Print name: Print name: ENTRADA CORPORATION, a Florida not -for -profit corporation By: REDMOND BURKE, Its President THE CITY OF MIAMI, FLORIDA, a Florida municipal corporation By: Print Name: Its APPROVED AS TO FORK AND CORRECTYESS BY: YAXILE X. TREHY Assistant City Attorney 2 A'LEJANDRO VILARELLO City Attorney c a; The foregoing instrument was acknowledged before me this of April, 1998, by Redmond Burke, as President of ENTRADA CORPORATION, a Florida not -far -profit corporation. He is personally known to me or has produced identification and did (did not) take an oath. as Notary Public, State of Florida Commission No.: My Commission Expires: The foregoing instrument was acknowledged before me this of April, 1998, by day Of THE CITY OF MIAMI, FLARIDA, as produce municipal corporation. He is personally known to me or has produced did (did not) take an oath. as identification and 6232.001 050698 (16:48) ?:\W1PVATA\11\D0C\97565.1 Notary Public, State of Florida Commission No.: Icy Commission Expires: 0 100 wYtb%PE�i;"AN�-j d(2'� r000rd in a©nne;i<s€a <<,rith wal CA&• on / 9 Nt;allor Foenvn C411 Clerk L t ROBERT L- KOEPPEL, DAVID SCHARLIN, ) HOWARD SCHARLIN and DAVID M. TURNER) Plaintiffs, ) V. ) MIAMI-DADE COUNTY, FLORIDA, ) ) Defendant. ) Vl IN THE CIRCUIT COURT OF THE 11 th JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 98- 090 7ye ^RiG'r'P' F!!-ED lr'! �yt ID-riCc r: iL°R.K. CIRCUIT COURT jADC col. iLA. Cis 1"0 Robert L. Koeppel ("Koeppel"), David Scharlin ("D. Scharlin"), Howard Scharlin ("H. Scharlin") and David M. Turner ("Turner") (collectively, the "Plaintiffs"), hereby Defendant, Miami -Dade County, Florida (the "Coup sue "County"), and allege as follows: General Allegations 1. This is an action for declaratory and injunctive relief over which this Court has jurisdiction pursuant to Section 26.012 and Chapter 86, Florida Statutes, and Section 18-4 of the Code of Miami -Dade County, 2. Defendant is a political subdivision of the State of Florida within the meanie of Section 1.01(8), Florida Statutes, and is subject to suit in accordance withg Section 12a.15, Florida Statutes. 3. On or about October 9, 1997, a number of owners of single family homesites wit h the Coconut Grove area of the City of Miami filed a petition with the County requesting Q ng that WEISS SEROTA HELFHAN PASTORIZA & GUEDES, 2665 SOUTH BAYSHORE DRIVE. SUITE 420. p,q, MIgMI, FLORIDA 33133 TEL. 13051 854.0800 @ FAX , /A°� 3051 854.2323 the County pass an ordinance creating and establishing a special district to provide security for their neighborhood. 4. Those owners requested that the special district encompass several small platted subdivisions lying between Douglas Road on the west and Biscayne Bay on the east. 5. The largest of the subdivisions within the proposed special district is a platted subdivision known as "Entrada." The plat for Entrada, dated January 19, 1921, is recorded in Plat Book 5, Page 64, of the Public Records of Dade County, Florida. 6. Plaintiffs own real property within the boundaries described in the petition for the creation of the special district and/or regularly use the roads within the district. 7. On June 16, 1998, the County adopted Ordinance No. 98-92, purporting to create and establish a special district in Miami -Dade County, Florida, known and described as the "Entrada Security Guard Special Taxing District" (hereinafter the "Special District"). A true and correct copy of Ordinance No. 98-92 (hereinafter the "Ordinance") is attached hereto and incorporated herein by this reference as Exhibit "A." 8. All conditions precedent to the bringing of this action have been performed or waived. COUNT I ORDINANCE VOID FOR VIOLATION OF NOTICE RE UIREAIENT 9. Paragraphs 1 through 8 are incorporated herein. 10.On June 9, 1998, the County caused to be published in the Miami Daily Business Review a Notice of Public Hearing advertising that on June 16, 1998, Defendant would K WEISS SEROTA HELFMAN PASTORIZA & GUEDES. P.A. 2665 SOUTH BAYSHORE ORIVE, SUITE 420. MIAMI. FLORIDA 33133 • TEL. (3051854.0800 • cAX e01%) 854-2323� i consider the adoption of the Ordinance (hereinafter the "Notice of Public Hearing"). A true and correct copy of the Affidavit of Publication and of the Notice of Public Hearing is attached hereto and incorporated by reference as Exhibit "B." 11. Section 125.66(2)(a), Florida Statutes, mandates that such notice of public hearing must be published "at least 10 days prior to said meeting." 12. The failure of the County to timely publish the Notice of Public Hearing violates the 10-day advance statutory notice requirement quoted above and invalidates the adoption of the Ordinance. 13. There is no justiciable issue of law or fact with regard to the foregoing claim and Plaintiffs are therefore entitled to attorney's fees with respect thereto as mandated by Section 57.105, Florida Statutes. WHEREFORE, Plaintiffs pray the Court to declare adoption of the Ordinance invalid, to enjoin any acts in furtherance of the Special District and to enter judgment in favor of Plaintiffs, granting Plaintiffs their costs, attorney's fees pursuant to Section 57.105, Florida Statutes, and such additional relief as may be just and proper. COUNT H ORDINANCE VOID FOR FAILURE OF CONDITION PRECEDENT 14. Paragraphs 1 through 8 are incorporated herein. 15. Section 18-2, Code of Miami -Dade County, Florida, mandates that no special district "shall be comprised solely of a municipality or embrace all or a part of a municipality without the approval of the governing body of such municipality." 3 WEISS SEROTA HELFMAN PASTORIZA & GLIEDES. P.A. 2665 SOUTH 6AYSHORE DRIVE. SUITE 420. MIAMI. FLORIDA 33133 TEL. 1305) 854.0800 • FAX 1 ti 16. The geographical boundaries of the Special District are wholly within the municipality of the City of Miami (hereinafter the "City"). 17, On April 14, 1998, the City of Miami Commission passed and adopted Ordinance No. 11644 conditionally approving the establishment of the Special District by the County Commission. A true and correct copy of Ordinance No. 11644 is attached hereto and incorporated herein by this reference as Exhibit "C." 18. By enacting Ordinance No. 11644, the City expressly conditioned its approval of the proposed Special District upon the occurrence of certain conditions subsequent, in the following words: Section 12. All approvals and authorizations herein granted are contingent upon applicant providing to the City title insurance, opinion of title, warranty deed for West Drive and indemnification agreement acceptable to the City Attorney within 60 days hereof. All approvals are hereby further conditioned upon and subject to the affirmative vote of the residents of the Entrada neighborhood in an election to be conducted according to Miami -Dade County Code, and further subject to the approval of the Miami -Dade County Board of Commissioners. Exhibit "C," page 4, Ordinance No. 11644, City of Miami (emphasis added). 19.One or more of the express conditions quoted above were not fulfilled, and the "approvals and authorization" given by the City thereby became ineffective by operation of law. 20. Because approval by the City is a condition precedent to the County's Ordinance creating the Special District, that Ordinance is ineffective under Section 18-2, Code of Miami - Dade County, Florida. 4 WEISS SCROTA HELFMAN PASTORIZA & GUEDES, P.A. 2665 SOUTH SAYSHORE DRIVE, SUITE 420, MIAMI, FLORIDA 33133 TEL. 13051854.0800 • FAX (305) 854•2323 i 1-0 WHEREFORE, Plaintiffs pray the Court to declare the Ordinance creating the Special District a nullity, to permanently enjoin enforcement of the Ordinance, and to enter judgment in favor of Plaintiffs, granting Plaintiffs their costs and such additional relief as may be just and proper. COUNT III ORDINANCE VOID FOR FAILURE OF COMPLIANCE WITH COUNTY PROCEDURES 21. Paragraphs 1 through 8 are incorporated herein. 22. The County has developed certain policies and procedures to systematize its approach to resolving neighborhood traffic concerns, including the barricading of streets. These policies and procedures have been reduced to writing and published in a booklet titled Miami -Dade Neighborhood Traffic Management Program (hereinafter the "Program"). A true and correct copy of the Program is attached hereto and incorporated herein by this reference as Exhibit "D." 23. In accordance with the Program, road closures (barricading) requested within the geographical limits of any municipality within Miami -Dade County are subject to preliminary review coordinated by the municipality REiff to submission to the County as a request for special taxing district. Under the Program, such preliminary review coordinated by the municipality includes but it is not limited to, police, fire, public schools, transit agency and Florida Department of Transportation. See Exhibit "D." 24. As property owners in Miami -Dade County, Plaintiffs have a property interest arising from the policies set forth in the Program. The road closure (barricading) effected by 5 WEISS SEROTA HELFMAN PASTORIZA & GUEDES. P.A. 2665 SOUTH BAYSHORE DRIVE. SUITE 420, MIAMI. FLORIDA 33133 TEL. (305) 854.0800 F'AX '-3`051 BS4.2323 55 0 the Ordinance failed to comply with the procedures provided by the Program. in so doing, the County violated the due process protections set forth in the Program, including the rights to preliminary review by the municipality in accordance with the procedures specified by the Program. 25. By violating its own policies set forth in the Program, the County deprived Plaintiffs of due process of law as guaranteed by the Florida and United States Constitutions. 26. There is no justiciable issue of law or fact with regard to the foregoing claim and Plaintiffs are therefore entitled to attorney's fees with respect thereto as mandated by Section 57.105, Florida Statutes. WHEREFORE, Plaintiffs pray the Court to declare adoption of the Ordinance invalid, to enjoin any acts in furtherance of the Special District and to enter judgment in. favor of Plaintiffs, granting Plaintiffs their costs, attorney's fees pursuant to Section 57.105, Florida Statutes, and such additional relief as may be just and proper. COUNT IV INTERFERENCE WITH EASEMENT 27. Paragraphs 1 through 8 are incorporated herein. 28. The original plat establishing the Entrada Subdivision contained a dedication of an easement "to the free use of all purchasers of lots in said subdivision, and all persons who have, by any prior dedication, acquired the right to use the same, the drives, roads, highways, parks, canals, basins and channels shown on the plat of said subdivision," including Matheson R WEISS SEROTA HELFMAM PASTORIZA & GUEDES, P.A. 2665 SOUTH BAYSHORE DRIVE, SUITE 420. MIAMI, FLORIDA 33133 • TEL. (305) 854.0800 • FAX )305) 854.2323 and Stewart Avenues, (shown on the plat as North and South Drives respectively) and the drive ("West Drive") and the Park between the two avenues. 29. By adopting the Ordinance, the County has purported to authorize (without the consent or joinder of Koeppel, H. Scharlin, and Turner) the construction of permanent structures (including a barricade, a guardhouse, gates and other improvements) which, when constructed, will substantially interfere with and, in one instance, completely block Koeppel's, H. Scharlin's and Turner's easement in the roads which were dedicated to them under the plat of Entrada. Exhibit "A," Ordinance, page nos. 6-8, sections 3 and 6. 30. Defendant was notified in writing prior to adopting the Ordinance that its intended action would constitute an unlawful interference with Koeppel's, H. Scharlin's and Turner's easement rights. 31. If Defendant is not permanently enjoined from interfering with the easement rights of the Plaintiffs, Defendant will proceed to place the structures within the Plaintiffs' dedicated easement. WHEREFORE, Koeppel, H. Scharlin and Turner pray the Court to declare the improvements planned by the Ordinance to constitute an unlawful interference with the easement rights of said Plaintiffs, to permanently enjoin interference by Defendant with the easement rights of said Plaintiffs, and to enter judgment in favor of said Plaintiffs, granting them their costs and such additional relief as may be just and proper. VA WEISS SEROTA HELFMAN PASTORIZA & GUEDES. P.A. 2665 SOUTH SAYSHORE DRIVE. SUITE 420, MIAMI. FLORIDA 33133 • TEL, 1305) 854.0800 • FAX'305) 854.2323 -� '"r 9 COUNT V DEPRIVATION OF PROPERTY WITHOUT JUST COMPENSATION 32. Paragraphs 1 through S are incorporated herein. 33. The original plat establishing the Entrada Subdivision contained a dedication of an easement "to the free use of all purchasers of lots in said subdivision, and all persons who have, by any prior dedication, acquired the right to use the same, the drives, roads, highways, parks, canals, basins and channels shown on the plat of said subdivision," including Matheson and Stewart Avenues (shown on the plat as North and South Drives respectively), and the drive ("West Drive") and the Park between the two avenues. 34. Within the Entrada Subdivision is West Drive, beneficially owned by and across which each property owner in the subdivision enjoys the easement described in paragraph 33 above. West Drive has never been dedicated to public use. The Ordinance establishing the Special District calls for public traffic to be routed directly across 'Vest Drive. 35. The County's action in approving such a direct physical intrusion by the public into and across private property is a violation of Koeppel's, H. Scharlin's and Turner's property rights resulting in a taking without just compensation in violation of the Florida and United States Constitutions. WHEREFORE, Koeppel, H. Scharlin and Turner pray the Court to declare that adoption of the Ordinance has taken their property without just compensation, to enjoin 0 WEISS SEROTA HELFMAN PASTORIZA & GUEDES. P.A. 2665 SOUTH SAYSHORE DRIVE. SUITE 420, MIAMI, FLORIDA 33133 TEL. 4305) SS4.0800 • FAX 130S1 854.2323 a s enforcement of the Ordinance, and to enter judgment in favor of said Plaintiffs, granting them their costs and such additional relief as may be just and proper. COUNT VI DISCRIMINATORY BOUNDARIES OF THE SPECIAL DISTRICT 36. Paragraphs 1 through 8 are incorporated herein. 37. H. Scharlin owns a home located on multiple lots. 38. The boundaries of `"e Special District arbitrarily bifurcate H. Scharlin's home, leaving some of his home in the Special District and some of his home outside the Special District. 39. No other home was treated in this fashion despite gerrymandering of the district boundaries to address unique situations and lot configurations. 40. Despite the fact that only a portion of H. Scharlin's home is in the Special District and he therefore enjoys only part of the protection enjoyed by all others in the Special District, H. Scharlin's assessment for the cost of the Special District is equal to or greater than that of almost all other properties in the Special District. 41. The manner in which the boundaries of the Special District are established as it relates to H. Scharlin's home result in a discriminatory treatment of H. Scharlin and the amount of the assessment charged to H. Scharlin is disproportionate to the benefits (if any) accruing to H. Scharlin by virtue of the Special District. WHEREFORE, H. Scharlin prays the Court to declare the Ordinance creating the Special District a nullity, to permanently enjoin enforcement of the Ordinance, and to enter 7 WEISS SEROTA HELFMAN PASTORIZA a GUEDES, P.A. 2665 SOUTH BAYSHORE DRIVE. SUITE 420. MIAMI. FLORIDA 33133 • TEL. 13051 854.0800 • FAX 13051 854. 232_3 C i 1 1, % ^- M judgment in his favor, granting him his costs and fees and such additional relief as may be just and proper. WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. 2665 S. Bayshore Drive, Suite 420 Miami, Florida 33133 Tel: (305) 854-0800 Fax:(305) 854-2323 STEPHEN J. HELFMAN FLA. BAR NO. 357601 DANIEL A. WEISS FLA. BAR NO. 326119 10 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. M 2665 SOUTH BAYSHORE DRIVE, SUITE 420. MIAMI, FLORIDA 33133 • TEL. 13051854-0800 • FA% g51854.2ta2 !J RJII _. ___.._-•v-..... zr-rres .i'ifi.�'.aire'�. +ti#y."�'.1 REC ' 192P1 1275 ., APPROVED ,•Amended Mayor "' (Inda Item No. 5 � p , Veto Override ORDINANCE NO. 98-92 ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS "ENTRADA SECURITY GUARD SPECIAL TAXING DISTRICT" IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DARE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Miami -Dade County Home Rule Amendment to the Florida Constitution (Article VIII, Section 6) grants to the electors of Miami -Dade County power to adopt a home rule charter Of government for Miami -Dade County, Florida � and provides that such charter may provide a method for establishing special taxing districts and other governmental units in Miami -Dade County from time to time; and WHEREAS, the Home Rule Charter adopted by the electors of Miami -Dade County on May 21, 1957, provides that the Board of County Commissioners, as the legislative and the governing body Of Miami -Dade County, shall have the power to establish special Purpose districts within which may be provided essential facilities and services, including police protection services, and that all funds for such districts shall be provided by service charges, special assessments, or general tax levies within such districts only, and that the County Commission shall be the governing body of all such districts; and WHEREAS, pursuant to such provisions of the Florida Consti- tution and the Home Rule Charter, the Board of County Amended Agenda Item No. 5(P) Page No. 2 AEC. 1819?,1c 1,:. 76 Commissioners duly enacted Chapter 18 of the Code of Miami -Dade County, Florida, providing for the creation and establishment of special taxing districts and prescribing the procedures therefor; and WHEREAS, in accordance with the provisions of Chapter 18 of the Code of Miami -Dade County, Florida, a petition for the creation of a special taxing district to be known as the "ENTRADA SECURITY GUARD SPECIAL TAXING DISTRICT" duly signed by more than 50% of the resident owners of property within the proposed district, was filed with the Clerk of the County Commission. Such petition prayed for the creation and establishment of a special taxing district for the purpose of providing security guard services to be financed solely by means of special assessments levied and collected within the area therein and hereinafter described; and WHEREAS, upon receipt of such petition the Clerk of the County Commission transmitted a copy thereof to the County Manager who examined it and filed a written report with the Clerk certifying that such petition was sufficient in form and sub- stance and signed and properly presented in accordance with the requirements of Chapter 18 of the Code of Miami -Dade County, Florida; and WHEREAS, the County Manager, after making appropriate investigations, surveys, plans and specifications, compiled and filed with the Board of County Commissioners his written report V t Amended agenda Item No. •.5(P) age No. 3 rr rr REG. I ��i 1 ?TT and recommendations setting forth the boundaries of the proposed special taxing district, the location, nature and character of the security guard services project to be provided and maintained within the proposed district, an estimate of the cost of constructing and maintaining such project,- his certification that the proposed project and proposed district conform to the master plan of development for the County, and setting forth his recom- mendations concerning the need for and desirability of the requested project, the ability of the affected property to bear special assessments for financing the cost of maintaining such project, and an estimate of the amount to be assessed against each developed and/or vacant/underdeveloped benefited parcel of property within the proposed district, and expressing his opinion that the property to be specially assessed will be benefited in excess of the special assessments --to be levied, and the County Manager attached to such report and recommendations a map or sketch showing the boundaries and location of the proposed district. Such "Report and Recommendations" of the County Manager was filed with the Clerk and transmitted to the Chairperson; and WHEREAS, it appearing to the Board of County Commissioners from such report of the County Manager and other investigations that the project petitioned for would be of special benefit to all property within the proposed district and that the total amount of the special assessments to be levied would not be in J Amended RUE.18192PC I ? 1 8 O-P agenda Item No . 5 (P ) Page No. 4 excess of such special benefit; the Clerk of the Board certi- fied the place, date and hour for a public hearing on the Petition of the property owners and the report and recommendations of the County Manager --said hearing was held on Tuesday, JUN 161998 . Copies of said notice of public hearing were duly. published in newspapers of general circulation published in Miami -Dade County, Florida, and copies thereof were posted in not less than five (5) public places within the proposed district, and copies thereof were mailed to all owners of taxable real property within the boundaries of the proposed district as their names and addresses appear on the latest Miami -Dade County tax assessment roll; and WHEREAS, pursuant to said notice, the Board of County Commissioners on Tuesday, JUN 16 1998 , held a public hearing in accordance with the provisions of said Clerk's certificate, at which public hearing all interested persons were afforded the opportunity to present their objections, if any, to the creation and establishment of the proposed special taxing district; and WHEREAS., the Board of County Commissioners, upon review and consideration of the report and recommendations of the County Manager and the views expressed by the property owners within the proposed special taxing district, has determined to create and q RE 1 92r I1 I ,?_ 7 Amended Ngenda Item No. 5(P) Page No. 5 WHEREAS, pursuant to the provisions of Chapter 18 of the Miami -Dade County Code, the governing body of the City of Miami has by Ordinance No. 11644 consented to the creation and establishment of the special taxing district herein proposed encompassing property within its municipal limits. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. In accordance with the provisions of Chapter 18 of the Code of Miami -Dade County, Florida, a special taxing district located entirely within the city limits of the incorporated municipality of the City of Miami, known and designated as the "ENTRADA SECURITY GUARD SPECIAL TAXING DISTRICT" is hereby created and established. Section 2. The area or boundaries of this proposed special taxing district are as follows: A portion of Section 28, Township 54 South, Range 38 East, of Miami -Dade County, Florida, being more particularly described as follows: Lots 3, 10 thru 29, and the E 135 feet of Lot 30 of "Entrada," according to the plat thereof, as recorded in Plat Book 5 at Page 64; And Tract A of "Moss-Pisaris Tract," according to the plat thereof, as recorded in Plat Book 82 at Page 80; And .S kEU^:18192rG 1 2_80 And Amended 0►genda Item No. 'I Page No. 6 Lots 6 thru 19, Block 1, of Klebba Bay Estates, according to the plat thereof, as recorded in Plat Book 95 at Page 20; And Lot 2, Block 1 of "Douglas Grove" according to the Plat thereof, as recorded in Plat Book ill at page 46; And All of "Korth Estates," according to the plat thereof, as recorded in Plat Book 148 at Page 27. All of the aforementioned plats being recorded in the Public Records of Miami -Dade County, Florida. 5(p) The area and location of this proposed special taxing district are shown on the map or sketch which is made a part hereof by reference. Section 3. The improvements and services to be provided within this proposed special taxing district will initially consist of the following: A roving security service operating from a marked patrol vehicle, 12 hours per day, 365 days a year. Upon completion of the roadway improvements, construction of the guardhouse, and installation of the gate system by the City of Miami, stationary service 24 hours per day, 365 days a year will commence and roving service will cease. Service may be provided by either off -duty police officers or a private security guard company. The reconstruction of Matheson Avenue, and the alley between Matheson Avenue and Stewart Avenue, the closure of Stewart Avenue to vehicular and pedestrian access, construction of the guardhouse, and installation of the gate system will be R RIEI� 1$ 1281 -AgendayItem No. S(,p)' )age No. 7 capital improvement items of the district to be constructed by the City of Miami. Section 4. The estimated cost to the property owners for the security guard services including engineering, construction, administrative, billing, collecting and processing for the first year is $344,000, and $124,000 for each year thereafter. The County will advance funds for this program, which sum shall be reimbursed by special assessments. It is estimated that the cost per developed parcel of real property within the proposed district for the first year is $9,690.14 and $3,492.96 for the second and succeeding years. It is estimated that the cost per vacant/underdeveloped parcel of real property within the proposed district for the first year is $4,845.07 and $1,746.48 for the second and succeeding years. Section S. It is hereby declared that said project will be a special benefit to all property within the proposed special taxing district and the total amount of special assessments to be levied as aforesaid will not be in excess of such special benefit. Section 6. The County Manager is hereby authorized and directed to take all necessary steps to solicit and receive competitive bids in accordance with established County procedures, and/or, in his discretion, enter into an interlocal agreement with the City of Miami or service agreement with off -duty police officers or a private security firm for providing security guard services within the district and to enter into and C. i'tr`� Amended REC. , 8 r ���� I� 1 Tenda Item No. 5 (P ) age No. 8 execute an interlocal agreement to provide for 'the construction of the guardhouse and installation of gates and other capital improvements, Capital improvements will be furnished and installed by the City of Miami through an interlocal agreement to be executed for that purpose. Section 7. The County Manager is directed to cause to be* prepared and filed with- the Clerk of the County Commission a Preliminary Assessment Roll in accordance with the provisions of Section 18-14 of the Code of Miami -Dade County, Florida. As authorized by Section 197.363, Florida Statutes, all special assessments levied and imposed under the provisions of this Ordinance shall be collected, subject to the provisions of Chapter 197, Florida Statutes, in the same manner and at the same time as ad valorem taxes. In accordance with utilization of the ad valorem tax collection method, if such special assessments are unpaid, when due, the potential for loss of title to the property exists. Section 8. A duly certified copy of this Ordinance shall be filed in the Office of the Clerk of the Circuit Court of Miami -Dade County, Florida, and recorded in the appropriate book of records. section 9. The provisions of this Ordinance shall take effect when approved at an election to be formally called by this Board and noticed and conducted as this Board shall determine .by Resolution, unless vetoed by the Mayor, and if vetoed, shall 0 " 192m 1283 aEc. Amenaea Ngenda Item No. 5(P) age No. 9 become effective only upon an override by this Board and an approval by a majority of those voting at the election referred to herein. Section 10. This ordinance does not contain a sunset provision. PASSED AND ADOPTED: JUN 1 b 1998 Approved by County Attorney as to form and legal sufficiency. AA Prepared by: Y 0 'Vo MIAMI DAILY BUSINE't;4 REVIEW KU$hW D* atoW Dante urday, &Md" end Legal 14 MWW, DaN bounty. RwichL STATE OF PLONDA COVM OF DADE:, Before the Undersigned authority personally appeared OttWMS V. Ftrb@YM who an 00h 34YA that she Is the Supervisor, Legal NOU998 of the Miami Daily business 111"aw vwa Miami A&VIQW. 0 daft ("DOM Saturday, Sunday and LOW N011CINYA) noNgpoper, "I31W 42 Miami 1:1 Daft eau"' Florida; thatthe attached COPY Of sdv*Msvmen4 be ing a Legal Affiverowngnt of Hoft* In the natter of METROPOLITAN MIAMI—DADE CTY PUBLIC HEARING 6/:L6/98 ORDINANCE "MITRADA SECURITY GUARD SPECIAL TAXING I)ISTRICT,i In the Ocum Was Wtg"W In said rAMMMW In the Issued of Jun 9. 1998 Aftnt further up that the Said MWW D&UY Business R@V'ww IS 0 ne"PORT P0112114d at Miami In said Dodo County, Fb*K OW that the SaW newspaper, two twetafors been co"linuOuft PUNIZINd 10 UN Daft Cwjftm vach day (u=0 Sanuft, Sunday and has been entered as second class W Legal Holicloya) and M inatter at Un pan wm= in Miang lit 001 DO" Cftxq, Fkwkh4 for a period of one !poor r44 Pf0c"119 the 11M Publicoon Of the aftChod *oPY Wofad"mRww so" that an his Of Bing ih� 0 r Pub! on In the said fq (SEAL) OCtolins V. Forbeym poly LF - W ,)ANETIr LE 16 i- CUUMMON WJMaER CC566004 My COMMMWN EXPIRES —JUNE 23.2000 KA f==JyA.y 0"q* ri F% V 7' ••• 9 S3 J•98.19 4-21.98 I R . 0a 11644 ORDINANCE NO. f AN ORDINANCE APPROVING THE CREATION OF A SPECIAL TAXING DISTRICT BY MIAMWAOE COUNTY FOR THE ENTRADA NEIGHBORHOOD, MlAt I, FLORIDA, FOR THE PURPOSE OF PROVIDING 24•HOUR STATIQNARY SECURITY GUARD SERVICE AND INTERIM ROVING POLICE PATROL SERVICE; SUBJECT TO CbMPUANCE : WITH APPLICABLE CITY OF M(ltlVfl' AND MIAMI•DADE COUNTY REQUIREMENTS; APPROVING CONSTRUCTION OF ONE GUARD HOUSE FACILITY, GATES. ONE STREET CLOSURE. RECONSTRUCTION OF MATHESON AVENUE. RIGHT -OF WAY ACOUISiTION AND RECONSTRUCTION OF WEST DRIVE; DEMOLITION OF A TENNIS COURT, INSTALLATION AND - OPERATION OF TRAFFIC' CONTROL 09VICES: AUTHORIZING AND APPROPRIATING AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY -EMT THOUSAND DOLLARS (6168,000I FOR SAID CAPITAL IMPROVEMENTS, AND ADDITIONAL MWENORURES FOR ROVING POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; PROVIDING FOR GUARD HOUSE LOCATION AND OESIGN REVIEW BY CITY: REQUIRING AN INTERLOCAL AGREEMENT: CONTAINING A REPEALER PROVISION. SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the eitixens of the Cull of Miarni residing h the Enttada nelphbarhood petitioned Miami -Dads COUMV, pursuant to Chapter XVIII of the MIxfni-Dsde County Cafe. t9 crests a Special Ts:inB Disuiet tD provide Stationary Security Guard Service for the Enuada nQ10M I100d; and WHEREAS, Ml=i-Dads County tms vwbaol informed the City of LGami ('City`) that the City dog na have any interest in propm, in the RA*m area which would to subject to special assessment pursuant m this ordinance, should dw subject spacial taxing district be created: rang SO ,9" a•r—� -T—ZPIB i-. 1 1 1 i WHEREAS. 'the aNected residents of the Entrails nalphbarhood Have requested the approval Of the Miami City CortNtfisbion for Miami-Qede County to hold a referendum vote of the residents of the Entrada CwSobarhood, at no expense to the My of Miami, to authorize the erection of a Guard House "thin dadicated right-of-vray and creation of a 2d•hour guard servsce vlhh;n said pr j noosed district and interim Roving Ouard Service 12 hours a day, 7 days a week 36S daps a ysar; and i j WHEREAS, the Crty CaMMIssion. after careful consid : I won of This rtnattar. deerr,a it 1 advisable and in the bwa Interest of the general welfare of the Cty of Miami. in general, and jt the residents of i tine Entrada ne!gMcrhood in oarticuler. TO allow Miami -Dada County to ;a,...d 1 . Of 1"`r=�lrte'fer set forth: i NOW, THRREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CiTy OF M"I, FLOMDA,: Section 1. The recitas and findin s contained l l9 in dm Preamble to his Ordinance r ere hereby OdoPted by raference thereto and incorporated herein qS if "Y set forth in this Section. ' Section 2. Ths creat On of a SPe6al Taking DlstriR by Miarrrhflede County tot th9 Emrada nalghbarhood, Miami. Florida, In accordance with Chapter XVA!! of the f+Aiami- Dade Chanter arki Sew= t S-2 and ia-3 of -Me Mjami-0ade Counter Code. for the Purpata Of providing 24-hour Smdonaryy Somdty Guard Service b1r priv:ts saa,rittr companies / !'Security Guard District or •District-; and interim roving polite Patrol ae ®PPraved, subject tea tee r fie. heroby equirannanza act forth harsh. Section 3. Th a;:,sessrnetitS to su e creation of said District and the levying of omuel special . � i7Aers This servIca shall require the wNcUrion of an Or docad BQ y form a<,ce rsantent; it Ptabla to the City Attorney'. between the Cry of Miami and fd�ami,Dar Count� . wherein the City. pursuant toepWiCibla orccursmum Procedures, wit- tarnish and install for ' The here au ��ioor Is further subject to e�PRGIVA with all requirements that May be -Pcsad b the na1►. including ' Fjry Charter and Code Provision.. but not timitod to those Praacribed 6tr aPP�bie i • i i 'In1 uv i4111YY1 fipw AY-- f• cd,ti t ( the 4istriet ail Capps! iimproven,ents necessary to torrtptete the construction of one Gerard 0. Maine, tnewwrig water. sawar, alattr;oal and telephone ConnMions, eonCrets pads. sidetvsik- curbing and'squ"d drainsgs lrnprowrrneriM signing and striping. ratoncvuedon i of RAadiason Avenue, light-of-waY gtquisinorl arsQ rscwc ui�tlon of West Drive, demalk:on ! of the tarmac; court Was crud one street closure, as r ss oquirod by the 171rsctor of the Miami. l Reds Courtly Public Woks faapWIfnent. to ensure the ` safe operation of said facirit ' : Y we the public right-cf-way. i . 1 Section f. Upon the referendum approval of this Special Taxing Oisgtct by the ' affected residents, and sutq9m to the n 'of a spselfie provision (n the lnted"41 ! Agreement between the Ch and Mianei-Dade County providing for reimbursement W. the Cky of expereaes'neared, the Chy shaft provide an interim roving police patrol serrica tZ hours a day, 7 days a v"e 365 d a a i k aY year, Comprised of ofx-duty gorica Officers in rnar"d patrol vehicles. for the parlor! tram 04tobor a. 199g tp compinxion of the 1 Bua►dhouse and t orttmeneameart of sfsbaetarr guard serWces. This service is aubjsct to the avaUab*ty of off -duty (police offtce►x to Paftrm thin hawden. 3octlon S. Upon the de lane creation of the • t spbject SDeeial Taking a ' i3isvia. the • i City manager is hereby suthorked to *spared an amount not to ertc+aed C1no Hundred Sixty. . 1 Eight Thousand 0otlan (gle8.000) to furnish and In&W1 the aforementioned Capital r+nlxovemartts. ' ' Section 6. Saltf intellect' aQr*an,ent shah provide that M+and-Dade County shall rerneb"ft@ the City for NO costs of la Da; nsateris(a and suOP>lea neeetaary m provide the j CApital improvements and irrt®rinn roving $ 7ponce lretrol carvico degnfbed Win. Title ! . of the Guard Ffatr;;e f=Tcty shall reeeain with the City or is j assio"*- and acrid fao'1,ty "I ma teased In ' ! l�arpeaity to Wwni.Cade County for ten dollars t�70) per annum unto such tuna as the District is _ legally abofishod. and irmwanca for such f�CiVltY'nmybw Ynduded in ttie coat to aoe re[mburaed to #10 CITY in tree annual aszessrnems levied by the 01strlet. 3 r iq -e 26 X :2 M Section The Ouard HOUSS r-Aeffilty (&Fx CITIryo) h6tWA SPPnred to ba constructed VW11 be IOC&ftd within tW OUblia right -of _Way I"ated on, Matheson Airanus mast Of DOuglar, Road. Coijinuction of he faeiGtY is =o applicant providing the Cry the k)cBtWn. and de;ilp of the Gitiard blown for rgviev,#. Section 9. The =met closure wig be located at Stewart Avenue east of Oougjai Read. Section Ia. Miami -Dada * County 4haU be MOROMUbIG for operating Traffic Control Devices to enable guards to tor ord the data and ems of QnTrY. Vithide innake, mwW. color Oconsetag number, it being understood and agreed that'no visitor to the OiStricr 'Will be I denied ft the at., TV6 under any conditions. Section 11. MiA;YiMeds County* SINIIII be Ufor cttifmor a Secit, Guard Sorwo. duly fiewfted and bonded and State of Florida aODrcv&d. for the purposa of Providing r &Mce at The approxImatio location speei qed herein. 244NOurs a day, sever, M da V, a week, three hundred sixty-rgvjj (3136) days a itaar, in the a1wriadve, the some services * MAY be provided using UiWcrmBd Off -duty WW,cai CfRC4k&. SOICTIOn 12. AD and aut%wizations h, mein granted are condij6enr Upori applicant provkrnq To the aty tiffs insurmcg 0131niOn of tide, warranty deed for W"t j• andIndain Drive ft-cWobl9 to ZhQ City Attorney i thin, 66 days hereof. All approvals am ii)eiebY ftwd%qr condwoned UPon and subject to-ttia affirm i Msilents of the Entrgda neighborhood in an ft vote of tho I 61*ct'*n t0*46 con ducted accordi�g to Miami COunty Code. and further subject w the, approval cfthe karnlZawda Coun tY acard of Section 13 Ail onf inane" or j," of ",fin W,;Ces insofar as they are inconsis tent Grin conffwt with the ssmvwons of this a lrdkwnob ors hemby repealed, Section 14. If any sac"I, Past of Section, Parsgnp. dause, phrase, at work W i this Wdir� is*decswad A L"vatid. the rerrialnitiq proviWong of Ws (kdrLance be not 4 6' 98 (WED) 23 32 SHAPE FREEDMAN."" t i SettiOp 7�• This ordirianco shag became eftecth� thfrt�' (30, days atter final roadin and there. I !� loth daY at ' pASSED QN FlRSi READING RY Tt11.E ONLY ehie I sse. ` !• February • •. ON SECQND ANO RryAL`READIPiG this 14th pASSED ANO 'AQOPTED • • di tl of >tp�il t 99.6. • . JQE CAIROLLC. MAYOR ! !� a nrdatre vAh Miami Cade 'W— 2,W aMca tfta MaY� not wee �pprowJ r�i 4 it in the desat6A I v�:,ed. sz ` tttl6 lagissetiori by sj9dq ire with thi terse of ton (9m*4ys itm the date of cc .ssle=pi wwn tew teg sum vital ft veto' ' ATTEST W Foemar>_11 Ct4tic ' t WALTER J. FOEI+gAN� CCiY t�RK 3 C A IlMPROVEMFNT REVIEW: Z. ' ®R SIAITTri .ls. t'. . DIRECTOR pUBLiC WORKS DEPApTMENT I • APPROVED AS TC FORM ANO CORRMTNESS: . I;OWARD MA ERlli�l cmr A,rrcEY i Wai4•,m;s:csk;1EM • i y ' 4 , 5 Wf)dFP ly REVI . �l O^ 1 IP ,K F EKH, ulFiEt"c®R OFFICE of: BUDGET AND W:NAGEMUff ANALYSIS � a., ti � � i! MIAMI. MOE Neighborhood Traffic Management Program I n 13 j ') — '-i 9 k MIAMI-DADS COUNTY NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM INTRODUCTION: Miami -Dade Public Works Department and the Metropolitan Planning Organization (MPO) jointly commissioned a comprehensive traffic study. The purpose of the study was to research the issues and concerns involved when Traffic Flow Modification/Street Closure requests were presented to the County Staff. A Professional Consulting Engineering Firm was selected to conduct the literature research and to develop a uniform set of procedures to handle requests for Traffic Flow Modification/Street Closure which are equally applicable to both the unincorporated Miami -Dade County and other municipalities. A Steering Committee comprised of representatives from Miami -Dade County, Florida Department of Transportation, and local municipalities ,was carefully selected. This committee periodically convened to provide input to the consultant during the course of the study and developed the standardized procedures and guidelines for use by the public, local officials, and other private sector interests. The Board of County Commissioners on May 20, 1997 authorized the establishment of an 18-month pilot program to implement and evaluate Traffic Flow Modification/Street Closure Studv recommendations. This program was officially given the name Miami -Dade Neighborhood Traffic Management Program (NTMP), since traffic -calming projects generally require traffic management for a neighborhood rather than for individual streets. THE OBJECTIVES: Miami -Dade Neighborhood Traffic Management Program (NTMP) will provide a systematic and progressive approach to resolve neighborhood traffic concerns, yet at the same time, maintain the integrity of the neighborhood so that the access to the essential emergency service vehicles are preserved. The key ingredient of the program is the citizen participation where citizens or neighborhood groups work hand -in -hand with the county, state, and local municipal staff in planning, development and implementation of neighborhood traffic calming measures. This will ensure that a residential traffic management action by one neighborhood, community or jurisdiction will not impact another neighborhood, community or jurisdiction. The objectives of the Miami -Dade NTMP can be summarized as follows: Reduce non -local commuter traffic on residential neighborhood streets Reroute non -local commuter traffic from residential streets to collector and arterial roadways Improve the quality of life, and preserve the safety, integrity and physical environment in residential neighborhood streets through Traffic Mitigation Measures S,> � Q3 — d g ri The basic goals of the Miami -Dade 1vTMP are as follo«•s: • Reduce traffic intrusion • Reduce excessive amount of traffic • Reduce vehicular speed , • Reduce noise and air pollution • Increase protection to bicyclists and pedestrians ■ Improve neighborhood livability and quality of life THE PROCEDURE: The procedure for requesting Traffic Flow Modification/Street Closure contains the following `g • Submittal of application to appropriate agency • Initial review by the Miami -Dade Public Works Department • Meeting with representatives of neighborhoods to understand their concerns • Preliminary assessment by the Miami -Dade Public Works Department to determine if measures such as signs and markings will resolve neighborhood concerns If steps taken by Miami -Dade do not calm the traffic to the level of neighborhood expectations, then proceed as follows: • Applicant engages a traffic consultant to conduct a traffc study • Consultant conducts a traffic study to confirm the nature of problem • Consultant identifies traffic calming alternatives • Consultant obtains comments and/or concurrence from various entities for calming devices so selected • Applicant obtains concurrence from 2/3 property owners • Applicant retains a contractor to install the traffic calming devices • Consultant conducts an after study to determine if traffic calming devices are to the satisfaction of the neighborhood; if not, consultant goes back and selects more stringent traffic calming measures • This process continues until the neighborhood traffic concerns are resolved to the satisfaction of the neighborhood yA Page•f, Flow Chart: Traffic Flow Modification 1 Street Closure Procedure Submittal of Application Applicant Submits .Application to Miami -Dade Public Works Police. Fire. DCPS, ,MDTA. FDOT. Etc. IF in Unincorporated Dade MDPWD Coordinates CONCUR Special Tatting District Applicant Follows Miami -Dade Procedures y0 / is Request in YES a Municipality? DENIAL ' DENIAL Categorise Type of Request . (i3y Miami -Dade PWD) Tic Flow Modifiationt Soot Closwe (erolated/Muhiple Location) .Special Taxing Disvict -Revenina of l ivhi.erwa. Traffic Flow Modification! Street Closure 0 NO Confirm Problem Applicant's Consultant Trattie Intrwion. Excessive TraffiWoO •Aecideaa, Speeding -Crime ® YES identity Tntfee Calming Allernatives -Applicant's Consultant Pre -Implementation Study to Assess Impact 0 (Multiple Locations) -Applicant's Consultant Implementation ® of Traffic Calming Devices I Property YES Owners ,rove Plan? NO nNAlIVI Submits Application to the Municipality 10 Review Polies Fire, S. MDTA FD I Etc. If in a Municipality. NanicipaUty CONCUR Reverting of the Right-ar.way ppbcant Follows Applicant Follows Municipal Mismi-Dade Procedures Procedures in a Municipality If in Uoinrorp. Dade Temporary Installation -Applicant's Contractor to Asses if the Impact of Implemented Devices are acceptable 10 -Applicant's Consultant "Post" NO Impact Analysis Results OK? YES Implementation of Permanent Traffic Calming Devices -Applicant's Contractor Q Rj � Z Page 3 VVRk,P,L24r Ng /lM .... ..... -_ • On. t�t t rplxxttttrr '. ... • Identifies wktt tt otiht3 fullowmg is requtsicd Traffc Fkww. i6cattorslStrert Ciosttre iievertt�g oFit�gttt..... ay <: Ctratton�taSpecsa2 faxtugDtstnct . £ AS: << Appltcarrt • Idsnitfiesperoetved proLlerrt iiN iNEIKPt)IiS7F-Q 4IIAAfFDADE '€raffit inirpstoa,Excessrve Fratiic Yoiurm� Speedtitg Axs�eatts, Crtme, OUsess • lnclndes dtawtng of tfie area show-Eng P'TW3C. closure :. .:: •SubmiissppikatiDaio:> . ' Dinxtbr ll+Cranni-DadePii6itDepatvrmtt Mess:agertIvtayoroiiespearve mut:icipal� i 2. Preliminarily Review Prelim. assessment by MD PW to determine severity of concerns Prelim. assessment by MD-PW to determine severity of;.onx:--v Miami -Dade Public Works Department: Coordinates reviews :Municipality: Coordinates reviews with the following with the following relevant to closure: relevant to closure: • Miami -Dade Fire and Rescue • Miami -Dade Public Works Department • Affected Municipal Fire Department • Municipal Fire Department • Miami -Dade Police Department • Miami -Dade Fire and Rescue • Affected Municipal Police Department • Municipal Police Department • Miami -Dade County Public Schools • Miami -Dade Police Department Miami -Dade • Miami -Dade Transit Agency • Miami -Dade County Public Schools Public Works Dept. • Florida Department of Transportation • Miami -Dade Transit Agency • Any other agency affected by closure • Florida Department of Transportation • Any other agency affected by closure • Municipality forwards comments and recommendations :o If concerns cannot be resolved: director Miami -Dade Public Works Department • Notifies applicant of denial • Notifies municipality of denial • Municipality notifies applicant of denial • If all entities concur, proceed to next step Paoe 4 eJ' i t. t r Q, RESPONSIBLE ENTITI IF IN t ORPORATED "IA_WI-DADE COLNTt• 3. CategoriZe ON of request. IF IN >It N1C1PALITY Miami -Dade Street Street closureitraffic Iw lomodification: Isolated Location Public Work s Dept. Nlay grant approval for street closure/traffic now modification if engineering judgment with minimal analysis determines SAME AS that the impact on services or traffic operations to be insignificant L'�'[N'CORPOR4TEb M1A111-DADS • Notifies applicant of approval • Notifies municipality of approval Installation of Temporary Traffe ControlDevlees: • Municipality notifies applicant of approval • Obtains concurrence froth 2/3 affected Property oviners, if significant impact to the community • Obtains concurrence from 2/3 of ected property .. • Engages a wnsultittg enginetxto develop Isfans insignif=m impact to the community Apptica it • Submits construction plans to Miami -Dade Public Works r Engages d °Dtisultittg engineer to develop plans >ertf s.• Submits vohst action plans to municipality • Mi1nk4ality tards orwplans to Miami -Dade Public Works • Engages and dmdets con1mcwt o install tetrrPoraty: 13epartment for traffic enguxerin nevi Traffic Conaot Devices i`ur 4D da trial: y period •p d rocee s wttlt curtsasicion for a FO day trial pen Post-rm lemen,Stu -;: P .. dy: r` quireai bytlu munictpaIiry • t?aects cot[sutssort to be » trafCie data colkaioa aftea ' a she traffc pattern has bear set over. a Pettod of 30 days _ AS • i?irccts sxk'ttraCtor to setitave or b P etY arrxcadesafter40days i1N 1NCORPORATED AQ,iML-DADE _ ct :. i)ireca cam;attani to conduan Tag 8c siibmtEs sport to. Mmmi•Dade:'Public,VVorks DePartrtieiit :: aitlrltilQ�, enc# Stibmns ttpert iOlIIttnlC$7$2.4 dnstallation of Permanent Traffic Control Devices, i Mud �o'r to�de P°;c A i .Miami -Dade • ,fay grant approval for permanent installation, if study does not show any adverse impacts Public Works Dept. 0 Notifies applicant of approval • Notifies municipality of approval •A i attt to sulirritt co>; y pp icatit dlrects cottsult4. t tion plans • Municipality notifies applicant t� illtanit•Dade i'ubfia Wor)cs afpam anenCciosIreforafipmya€ oa p arts to tltc muniupafity for ap r • SMuti ` .�pp£irant: ivy forwards Ida t0 Miami Dade Publicworks • Obtainsthcservices ofa<hcetu«I.co titracapr : for tra8ic engtnixxtag �Yie►trald aggro val • if reverts of � �Jtto WsY: Pvlfow Cou r+tl Froced+rte Ptuceeds with catisauctioiit as rcquuzd bv��utitc;pat�v • trs. Y _.. _ �. :: if rGvertiap ersrieb..rsv _. .. _... " street closure/traMc now modification: Multiple Locations sL` 4, Confirm problem, assess needs and define objectives Pre -implementation data gathering, Study element required: e License Plate Survey to confirm cut -through traffic • Average Daily Traffic, if the reason for the request is an excessive amount oftrafiic • Accident history for the prior 3 years to confirm accidents 40 Spot Speed studies to confirm speeding • Crime Statistics for one year to confirm crime • Others: As required by Miami -Dade Public Works Department If problem is not confirmed, deny application. Otherwise go to next step S. Ident� Traffic Calming Alternatives • Adopt an area•wide, systematic approach to the development of alternative solutions to street closures • Employ the least restrictive measures to address a traffic problem first The consultant. along with tite citizens participation, will generate a staged alternative traffic calming plan including cost estimates SAbtE AS L•N.INCORPORATED ' IAMI-DARE Pa,ae 5 ANNIL RESPONSIBLE E\TITI IF L� -s ' OR!' IL47-ED MIA I -DARE COUNTY6. Pre-imple nentotion Study Vol4tn Crlttnt . For residential local streets future volumes should not exceed 1500 vehicles per day or ISO vehicles per hour 0 For residential collector future volumes should not exceed 3000 vehicles per day or 300 vehicles per hour Miami -Dade LC)S Crileru Public Works Dept. 0 Intersection or approach lane LOS may not exceed LOS D • ifoperatina at LOS E must not deerade to LOS F 0 tfat LOS F then diverted traffic must not be more than i % of the existine traffic volumes without diversion Determine Affected Area: 0 Miami -Dade Public Works Department stafidetermine affected area For critical locations provide: 0 Peak hour turning movement counts 0 24 hour counts on street proposed to be closed or modified 0 24 hour counts on street that may be impacted by modifications 0 Level of service analysis 0 Schematic showing AM/PM peak hour counts & ADTs 0 Existing street closure/traffic flow modifications For critical intersections provide: 0 Peak hour turning movement counts 0 Queuing and storage requirements at signalized intersections 0 Level of service analysis 0 Schematic showing AM/PM peak hour counts & Aurs 0 Phasing modification required at existing signalized intersection tant: 0 Existing street closureltrafiic flow modifications 0 Emergency vehicle response time 0 Fire hydrat accessibitiry • Mail Delivnery 0 School Buses 0 Transit services 0 Trash pick-up, and impact on other services 0 Documents the traffic study in the form of a formal report which shall be signed and sealed by a Florida registered Professional Engineer r*Drawing ito submittal port must have the following items: showing exact location of existing and proposed TFM/SC ndary of the affected area cal intersection geometrics 0 Analysis of critical intersection per section 6e and. 6f 0r*SubmiLs Comparison of before and after LOS report to Miami -Dade Public Works Department iami-Dade Public Works Department forwards report to FDOT tate facilities are impacted IF IN MUNICIPALITY SAME AS UN -INCORPORATED MIAMI-DADE 0 Municipalities determine the affected area with the concurrence of Miami -Dade Public Works staff SAME AS UN-G\CORPORATED NIL4M1-DADE SAME AS L'Ni-I\CORPORATED MLANII-DADE • Submits report to the municipality • Municipality forwards report to Miami -Dade Public Won:s Department and also to FDOT if state facilities are impac.-: Paee 6 RESPONSIBLE ENTIT1 IF 1\ "ORPORATED 1IIA.%i►-DADE COUNTY EF 14 -W' ICIPALITY ` �4 ? Implementation of Traffic Calming Devices: Consultant: • Sponsors a public workshop a ith affected propeM owners. tenants. business owners. Ntiami-Bade Count}. -Municipal and FDOT officials and determine which alternative has greatest community support w May require input, depending on complexity., from: Citizens SAME AS US'-IN'CORPORATED MIAMI-DADS Transportation Advisory Committee(CT AC) or %Miami -Dade Transportation Plannine Technical Advisory Comm ittee(TPTAC) Public Works Dept. a If CTAC and TPTAC recommend against the traffic calming, that action will be final *,Notifies applicant of denial • Notifies municipality of denial a Municipality notifies applicant of denial stallalfo>1 of 'emporarp Traffic toiuroll)evicrs a Obtains concsurence from 7l3 affected Pr°DeKF owners ; E s a tonsulUng eng icar so develop glans �� .. Obfatns ftotn 1J3 aifecteQ Pr opt' tmtrcrs Mu1citmi Sade PWorks Dep ailment gneetdvtumt aS�ubSmt tssr'aotns,tts:iclluwiP�mrrscipaapproval r �u niapaliiy l`oiwards hr Miaati-0ade Public Woirs' aad din its contraetor to ivatl �mry liar tra!!'itxn$meen�g review and appsov� . Apptrcaot TraiTic C6>itial Devices >`oY a 9D day tnat peaad >ronstriKd 9(1 F � period >�s rrQ:iiceci br sMit;�i���a �OS�Lnt�D%n1P.ltitiilOR Stl/llt�• • t?aect3 coasulti...... +De�in trot c data coiiearoa alkr the trai�c }rattem i}as bear set over a period of 3fl days SAML A3 ��%rtoretrioveteayporetvDamcaQcsa4{erS►Udays itW iI1VC[IRPDRXTED MLLM%DADE ........... conduoran gl3trscudr &submits a< Gondsicisslltratudp turd 9U5mitsre regarttoM-s>�ritE►adaYnbliaWorksikparftucrit Pin. ty ,:: ,: a Piast i f tsp errxa:eatton stadyunsatsstacw ry go to sttp S • Msinttaav►rality forwards report to Mull ami-0a4e PtibUc Wor3s ;' �:Post iruplemertsatissa'studysatisfar: . P irk p. 4 (, Page 7 3 Traffic Flow Modification/Street Closure N11AMI-CaADE Date:Project Application Form �■� Phone: Contact Name: Local Address: Location: What traffic control measure(s) is being requested? What problems have you identified to require the above requested measure(s)? How long have these problems occurred? If recently, what conditions have caused these problems? Please return the completed application form to: Miami -Dade County Public Works Department 111 N.W. First Street, Suite 1510 Miami, Florida 33128-1970 - NOTE: IT IS THE COUNTY'S POLICY THAT PARTICIPVE PROPERTY ATE IN �COSTS OWNERS WILL BE REQUIRED T ` ASSOCIATED WITH THE PROPOSED TRAFFIC CALMING PLAN. t f For Office Use Only � I Project Number Date Preliminary Analysis Completed Date of First Neighborhood Workshop Director Act ❑ Favorable ❑ Unfavorable Date of Project Implementation Project Review Date Date Application Received Identified Problems: ❑ Exist ❑ Perceived Traf.tc Team: ❑ Yes ❑ No Consensus Reached ❑ Yes ❑ No Project Successful: ❑ Yes ❑ No Please attach additional sheets as necessary. w� c, Pave 8 a e • Traffic Flow Modification/Street Closure NAMl-D Application Questionnaire Contact Name(s): Phone: (305) 1. Rank your neighborhood's traffic problems and provide a brief description of each (for instance, time when the problem is worse, or specific issue, such as a pothole). O Speeding O Cut -through traffic O Safety O Traffic volumes O Truck traffic O Other (please explain) 2. Please check the type of action requested. O Street Closure O Special Taxing District O Reverting the right-of-way 3. List locations where closure are Project Application Form requested and provide an area map showi 4. How much funding is available for planning, design and implementation of the requested improvements. Current Funding $ Anticipated Future F $ 5. This request is made on behalf of homeowners by: Homeowners Association Individual Other (please specify) Please attach additional sheets as necessary. .. J Page 9 v 0 t PROJECT' SELECTION CRITERIA The following basis for point assignment will be used to develop a numerical ranking for each project. The total of the score for each project represents its priority rating and will be used to prioritize projects on a countywide basis, to be programmed for construction as funding permits. A total of 100 points maximum, is possible. 1. Traffic Volumes: (Up to 25 points maximum are assigned) Average Daily Traffic (ADT) divided by 50 for local residential streets Average Daily Traffic (ADT) divided by 100 for local residential collector streets For single intersections, use higher volume streets For street segments, use highest volume on the subject streets 2. Speed: (Up to30 points maximum are assigned) Percent Over Speed Limit Divided by 3 For single intersections, use higher speed streets for street segments, use highest percentage on the subject streets 3. Schools: (Up to15 points maximum are assigned) 10 points are assigned for private or public elementary school on 'the subject street 5 points are assigned for middle or Jr. High School on the subject street 4. Pedestrian Traffic Generators: (Up to 10 points maximum are assigned) 5 points are assigned for each public facility (such as community centers, elderly housing, or a park) on the subject street 5. Pedestrian, Bicycle and Transit Routes: (Up to 15 points maximum are assigned) 5 points are assigned if the street is a designated pedestrian route 5 points are assigned if the street is a designated bicycle route 5 points are assigned if the street is a designated transit route 6. No Sidewalk: (Up to5 points maximum are assigned) 5 points are assigned if there is no continuous sidewalk, at least on one of the side streets Page 10 f TRAFFIC CALI I DEVICES The application of Traffic Calming Techniques will be limited to local residential and residential collector streets. Roadways of arterial and collector nature do not qualify fot" traffic calming devices and will not be considered. The following is a brief description of some traffic management devices: I. Intersection channekations are designed to limit certain movements, narrow the intersection or otherwise direct traffic. They are unique to each intersection and can take a variety of forms. An example is a median island that restricts through movement. 2. Chokers limit access to a street from one direction by blocking half the street. Chokers are generally effective in reducing volumes, especially if one direction of travel predominates on a street. They allow a higher degree of emergency vehicle access than diagonal diverters. 3. Diagonal diverters place a barrier diagonally across an intersection, disconnecting the legs of the intersection. These devices are effective in reducing volume. They allow more freedom of circulation within the neighborhood than cul-de-sacs. Diagonal diverters can be designed and installed to provide emergency vehicle access. 4. Cut -de -sacs are complete closures of the street, either mid -block or at an intersection. They are intended to completely block access from one end of a local street while allowing adequate turnaround for most vehicles. By doing so, major reductions in speed and volume result. A cul- de-sac installed on a street may create problems for emergency vehicle access. This problem can usually be overcome if an adequate turnaround is provided, or if the cul-de-sac is constructed with mountable curbs. Residents may be required to access their property by a less direct route if access is blocked by a cul-de-sac. S. Traffic circles are raised islands placed in the center of an intersection. The primary purpose Of traffic circles is to separate traffic within an intersection such that the movement of traffic is in one direction around a central island. This reduces the likelihood of a collision. Another important purpose of a traffic circle is to reduce speeding. If being used to reduce speed, they are most effective when a series of circles are constructed. 6. Speed humps are raised transverse section of road over which vehicles must pass and which causes vertical displacement of vehicles in order to control speeds. Currently they are being researched as a device to slow vehicle speeds on local streets. However, we are not yet ready for their use. 7. Speed bumps are an unapproved traffic control device for use in Miami -Dade County. These devices are not used because of safety concerns of the motorists and liability concerns for the County. 8. Rumble strips have been previously tested as a device to call attention to the speed limit on a local street. However, their use was discontinued due to the noise level, which generally does not get the acceptance of the residents. r �� a Page 1 1 9. All -Way Stop Signs are not installed to reduce speeding. Studies indicate that unwarranted stop signs. if installed, can result in the following adverse impacts: • Breed contempt for other necessary stop signs , . • Waste millions of gallons of gasoline annually • Create added noise and air pollution • Increase. rather than decrease, speed between intersections However, the use of All -Way Stops is limited to the following: • To discourage the use of a residential street as a through route • Unremovable visibility restrictions such as vertical or horizontal curves, or pre-existing buildings • As an interim measure, prior to the installation of a traffic signal at locations where traffic signals are warranted • At locations where entering, volumes on all approaches average at least 500 vehicles per hour for any 8 hours, and the combined vehicular and pedestrian volumes from the minor streets average at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hours FUNDING: The Miami -Dade County Public Works Department will continue to handle traffic complaints and continue to provide routine traffic improvements to the extent of signage and/or markings. Any other enhancement to the Traffic Control Devices to improve the aesthetic outlook of the neighborhood would be the responsibility of the neighborhood and to be evaluated, designed and implemented at the applicant's expense. Each year the Department will allocate a certain amount of dollars as a line item under the Traffic Improvement Program (TIP). Depending on the severity of the traffic concerns, the Department will prioritize the request and construct them in order of priority until all funds for that year are exhausted. The remaining projects, which cannot be constructed for that year will be transferred to the following year and a new priority, will be established from within the projects pending. s Neighborhoods desirous of expediting construction in their neighborhood will have the option to secure funding through neighborhood cost sharing. They can proceed with the construction by engaging a licensed contractor only after obtaining necessary approval and permits from the County. -i In municipalities, funding will depend on municipal procedures. Municipalities can either fund the improvements, utilizing the County's prioritization procedure and available funding, or pass on. the expenses to the pertinent neighborhoods. Page 12 rocoi'd Vvjftor Fo main CRY clerk U` ROBERT L. KOEPPEL, HOWARD SCHARLIN and DAVID M. TURNER, Plaintiffs, ) V. ) CITY OF MIAMI, FLORIDA, ) Defendant. ) IN THE CIRCUIT COURT OF THE 11 th JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 98- ���� t.4 _ COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Robert L. Koeppel, Howard Scharlin, and David M. Turner (collectively, the "Plaintiffs") hereby sue Defendant City of Miami, Florida (the "City"), and allege as follows: General Allegations 1. This is an action for declaratory and injunctive relief over which this Court has jurisdiction pursuant to Section 26.012 and Chapter 86, Florida Statutes. 2. Defendant is a municipality of the State of Florida within the meaning of Section 165.031(4), Florida Statutes. 3. On or about October 9, 1997, a number of owners of single family homesites within the Coconut Grove area of the City of Miami filed a petition with the County requesting that the County pass an ordinance creating and establishing a special district to provide security for their neighborhood. x HE CASE NO. 98- 4. The owners requested that the special district encompass several small platted subdivisions lying between Douglas Road on the west and Biscayne Bay on the east. 5. The largest of the subdivisions within the proposed special district is a platted subdivision known as "Entrada." The plat for Entrada, dated January 19, 1921, is recorded in Plat Book 5, Page 64, of the Public Records of Dade County, Florida. 6. Plaintiffs own real property within the boundaries described in the petition for the creation of the special district and/or regularly use the roads within the district. 7. On June 16, 1998, Miami -Dade County, a political subdivision of the State of Florida, adopted Ordinance No. 98-92, purporting to create and establish a special taxing district in Miami -Dade County, Florida, known and described as "Entrada Security Guard Special Taxing District" (hereinafter "the Special District"). 8. Section 18-2, Code of Miami -Dade County, Florida, mandates that no special district "shall be comprised solely of a municipality or embrace all or part of a municipality without the approval of the governing body of such municipality". 9.. The geographical boundaries of the Special District are wholly within the City of Miami. 10. On April 14, 1998, the City Commission passed and adopted Ordinance No. 11644, expressly granting approval to formation of the Special District subject to a number of conditions. A true and correct copy of Ordinance No. 11644 (hereinafter the "Ordinance") is attached hereto and incorporated herein by this reference as Exhibit "A." 4 C, jt waived. CASE NO. 98- 11. All conditions precedent to the bringing of this action have been performed or COUNT I ORDINANCE VOID FOR FAILURE OF EXPRESS CONDITION SUBSEQUENT' 12. Paragraphs 1 through 11 are incorporated herein. 13. By enacting the Ordinance, the City expressly conditioned its approval of the proposed Special District upon the occurrence of certain conditions subsequent, in the following words: Section 12. All approvals and authorizations herein granted are contingent upon applicant providing to the City title insurance, opinion of title, warranty deed for West Drive and indemnification agreement acceptable to the City Attorney within 60 days hereof. All approvals are hereby further conditioned upon and subject to the affirmative vote of the residents of the Entrada neighborhood in an election to be conducted according to Miami -Dade County Code, and further subject to the approval of the Miami -Dade County Board of Commissioners. Exhibit "A", page 4, City of Miami (emphasis added). 14. One or more of the express conditions quoted above were not fulfilled, and consequently the "approvals and authorizations" given by the City are ineffective by operation of law. 15. There is no justiciable issue of law or fact with regard to the foregoing claim and Plaintiffs are therefore entitled to attorney's fees with respect thereto as mandated by Section 57.105, Florida Statutes. 3 A RE CASE NO. 98- WHEREFORE, Plaintiffs pray the Court to declare the Ordinance void for failure of condition subsequent, to declare the approval of the Special District given by the City a nullity, and to enter judgment in favor of Plaintiffs, granting Plaintiffs their costs, attorney's fees pursuant to Section 57.105, Florida Statutes, and such additional relief as may be just and proper COUNT II INTERFERENCE WITH EASEMENT 16. Paragraphs 1 through 11 are incorporated herein. 17. The original plat establishing the Entrada Subdivision contained a dedication of an easement "to the free use of all purchasers of lots in said subdivision, and all persons who have, by any prior dedication, acquired the right to use the same, the drives, roads, highways, parks, canals, basins and channels shown on the plat of said subdivision," including Matheson and Stewart Avenues (platted as North and South Drives, respectively), and the drive ("West Drive") and the Park between the two avenues. 18. By adopting the Ordinance, the City has purported to approve and authorize (without the consent or joinder of the Plaintiffs) the construction of permanent structures (including barricades, a guardhouse, gates and other improvements) which, when constructed, will substantially interfere with and, in one instance, completely block the Plaintiffs' easement in the roads which were dedicated to them under the plat of Entrada. Exhibit "A," pages 2-4. 19. The barricading is without the Plaintiffs' permission and placement of the capital improvements in the right-of-way will significantly interfere with and in some cases completely 4 ci :: 49;r CASE NO. 98- block the usage of the private easement expressly granted to Plaintiffs ,through dedications on the plat of Entrada subdivision. 20. The City was notified before and after the adoption of the Ordinance that the barricading and placement of structures within the roads and drives constitute interference with the easement rights granted under the plat of the Entrada Subdivision. 21. The City is not permanently enjoined from interfering with the easement rights of the Plaintiffs, the City will proceed to place the planned capital improvements within the Plaintiffs' easement. WHEREFORE, Plaintiffs pray the Court to declare the improvements planned by the Ordinance to constitute an unlawful interference with the easement rights of Plaintiffs, to permanently enjoin interference by the City with the easement rights of Plaintiffs, and to enter judgment in favor of Plaintiffs, granting Plaintiffs their costs and such additional relief as may be just and proper. COUNT III ORDINANCE VOID FOR FAILURE TO COMPLY WITH PROHIBITION OF VEHICULAR ACCESS RE UTEMENTS OF CITY CODE 22. Paragraphs 1 through 11 are incorporated herein. 23. By enacting the Ordinance, the the City approved the prohibition of vehicular access to Stewart Avenue through barricading at the intersection of Douglas Road. In so doing, the City violated Section 54-16 of the City Code, which prescribes the following exclusive procedure for prohibiting vehicular access to any street: 5 X, CASE NO. 98- (a) The [City] commission shall have the power, after a properly advertised public hearing, to recommend to the Metropolitan Dade County traffic director that vehicular access to a particular street be prohibited where such prohibition is found to be in the best interest of the public. (b) The request for prohibited access shall be initiated by the department of public works or through said department by petition of property owners within 1,000 feet of the affected intersection. (c) The request for prohibited access shall be subject to all requirements that may be imposed by the Metropolitan Dade County traffic director, including a traffic study. The decisions of the traffic director shall be final. (d) Prior to the public hearing, the proposed prohibited access shall be reviewed by the department of police, fire -rescue, and general services administration, which shall make recommendations to the [City] commission at said public hearing. (e) On streets where access is prohibited, a cul-de-sac or .other turnaround shall be provided in conformance with the requirements of the department of public works. (f) Except for those streets located within the neighborhoods known as Coral Gate and Shorecrest, all expenses resulting form requests for prohibited vehicular access to a particular street shall be borne by the applicant (i.e., property owner(s), homeowner association(s), etc.). Expenses include, but are not limited to, newspaper advertising, posting of notification placards, postal notification to local residents, postal correspondence to the applicant and any traffic studies. Upon approval by the Metropolitan Dade County traffic director for a request to prohibit vehicular access to a particular street, the applicant shall pay all additional expenses related to the permits, construction of temporary and permanent barriers and other related improvements that may be required by the traffic director and/or the department of public works. (Emphasis added.) 24. The City failed to comply with its own Code requirements in approving the prohibition of vehicular access to Stewart Avenue at its intersection with Douglas Road. In so doing, the City deprived Plaintiffs of due process of taw and nullified the portion of the 6 J - 7 Q9 CASE NO. 98- Ordinance purporting to authorize the prohibition of vehicular access to Stewart Avenue from Douglas Road. 25. There is no justiciable issue of law or fact with regard to the foregoing claim and Plaintiffs are therefore entitled to attorney's fees with respect thereto as mandated by Section 57.105, Florida Statutes. WHEREFORE, Plaintiffs pray the Court to declare the Ordinance void, to permanently enjoin enforcement of any portion of the Ordinance prohibiting vehicular access to Stewart Avenue from Douglas Road, and to enter judgment in favor of Plaintiffs, granting Plaintiffs their costs, attorney's fees pursuant to Section 57.105, Florida Statutes, and such additional relief as may be just and proper. COUNT Iv ORDINANCE VOID FOR FAILURE TO COMPLY WITH MI SPAUM STIR REQUIREMENTS OF CITY CODE 26. Paragraphs 1 through 11 are incorporated herein. 27. By enacting the Ordinance, the City approved acceptance of West Drive as a public street: West Drive is 35 feet wide at its narrowest point. In so doing, the City violated Section 54-187 of the City Code, which imposes a minimum street width of 50 feet, with specified exceptions, none of which is pertinent here. 28. The City failed to comply with its own Code requirements in approving the use of West Drive as a public street with a substandard width. Consequently, the Ordinance is a 7 i � V E CASE NO. 98- nullity, since the use of West Drive is essential to the effectiveness of the Special District and the Ordinance. 29. There is no justiciable issue of law or fact with regard to the foregoing claim and Plaintiffs are therefore entitled to attorney's fees with respect thereto as mandated by Section 57.105, Florida Statutes. WHEREFORE, Plaintiffs pray the Court to declare the Ordinance void, to permanently enjoin enforcement of the Ordinance, and to enter judgment in favor of Plaintiffs, granting Plaintiffs their costs, attorney's fees pursuant to Section 57.105, and such additional relief as may be just and proper. COUNT V 30. Paragraphs 1 through 11 are incorporated herein. 31. The original plat establishing the Entrada Subdivision contained a dedication of an easement "to the free use of all purchasers of lots in said subdivision, and all persons who have, by any prior dedication, acquired the right to use the same, the drives, roads, highways, parks, canals, basins and channels shown on the plat of said subdivision," including Matheson and Stewart Avenues (platted as North and South Drives, respectively), and the drive ("West Drive") and the Park between the two avenues. 32• Within the Entrada Subdivision is West Drive, beneficially owned by and across which each property owner in the subdivision enjoys the easement described in paragraph .31 8 0 CASE NO. 98- above. West Drive has never been dedicated to public use. The Ordinance calls for public traffic to be routed directly across West Drive. 33. The City's action in approving such a direct physical intrusion by the public into and across private property is a violation of Plaintiffs' constitutional rights resulting in a taking without just compensation. WHEREFORE, Plaintiffs pray the Court to declare that adoption of the Ordinance has taken their property without just compensation, to enjoin enforcement of the Ordinance, and to enter judgment in favor of Plaintiffs, granting Plaintiffs their costs and such additional relief as may be just and proper. E LEWIS R. COHEN, P.A. 1399 S.W. 1" Avenue 3' Floor Miami, Florida 33130-4327 Tel: (305) 371-8177 LEWIS R. COHEN s'�'k r�ti` I T—VO THU 1 1 -20 J•S8.19 4-Z1 98 11644 ORDINANCE NO. AN ORDINANCE APPROVING IVE CM ATION OF A SPECIAL TAXING DISTRICT 13Y MIAMMAOE COUNTY FOR THE ENTRADA NEIGHBORHOOD, MIAML FLORIDA. FOR THE PURPOSE OF PROVIDING 24-HOUR STATIQNARY SECURITY GUARD SERVICE AND iN M.FA ROVING �PQOtt.,ttCF PATROL SERVICE: SUBJECT TO CbMKIANCE : WITH APPLICABLE CITY OF MIlAW AND MIAW-DADE COUNTY REQUIREMENTS; APPROVING CONSTRUCIMN OF ONE GUARD HOUSE FACIUTY, GATES. ONE bT MT CLOSUM RECONSTR3t1CTICN OF MATHESON AVENUE. RIGHT— OF—WAY ACQUISITION AND REOONSTRUC'TION OF WEST ORIVE. DEMOUTION OF A TENNIS COURT, INSTALLATION AND :OPERATION OF TRAFFIC' CONTROL 09VICES; AUTHORONG AND APPROMATING AN AMOUNT NOT TO EXCEED ONE HUNDR® SIXTY-EIGHT THOUSAND DOLLARS 0168,0001 FOR SAID CAPITAL IMPROVEMENTS, AND ADOITTONAL EXPO FOR ROVING POLICE PATROL SEWYICE; RMUIRING RE LGILIRSWENT FOR ALL EXPENDITURES:. PROWNNG FOR GUARD HOUSE LOCATION AND OE81GN REVIEW BY CITY; RMUIRING AN 114TEiLOCAL AGRON .- CONTAINING A REPEALER PROVISION, SEV/ERABIL ITY CLAUSE, ARID PROVIDING -FOR AN EFFECTIVE DATE. p . 0= WHEREAS. the efOurm of tfte Cky of Miami re;Wg h the Flttsada neighborhood petWaned IAOia nRUds County, Pumant to Qapzw XVIII of tali Miar*Dade County Cade. to create a Special T" District to provide Statimm Security Gumrd Servlp for 1ha Estrada neighborhood; and WHEREAS, Komi -Dads County tm varbaft inf =4 the Chy of Wwd I'Ciry°i Om the City daea noa flare arty interest in pnWsM in the s Ab= area wMclh would bs wNect to special assessmerrt pursuant T& this ardina=s, shmdd the subject sosdal laying district be created: and J r•t ra •r — i i 7 ��rB THtJ 17L 1 r' - 0 a WHEREAS, the affoctad rasidam of the Entrada nalghbarhmW Have requested tJ . apFuovai of the Miami City Commission for Miarn&o"a County to hold a referendum rote of the residrnts of the enirad9 " neyhbaattood. at no e�rtte to the City of Miami. to authorize the erection of a Quard 1`4 0 within dedicated rights! -way and creation of a 2d•hour dab service Wimin said pr000"d asykT and interim Roving Guard SeiviCe 12 Itouns a day, 7 days a week 3W days a year; and wHEP4EISi the City Commission. after careful eonsiderspon of this nuttsf. deeds it advisable and in the beat interest of the ganora( weltare of {hg City of Miami. in general, and the residents of the Entsada neighborhood in taertieuler, to allow lllllorni-0ada County m :""•'^"ad. " !"^-!natty sat forth; NOW, T}iERSFORE, BE iT ORDAINED Sy THE COMMISSION OF Tut CITY MIAMI, FLORIDA: OF Section !. The recitals and fkxgn pt• stained in the Preamble to this Ordinartre ors hereby adopted by reference thereto and ineoraprated herein as if fuMY an forth in this Secdon. Section 2. TAa creation of ■ Special Tatdng Dtrict by MWni;0eda County for th0 dada "%ftOrttocd. Mom. Florida •In �ordarwo wilt t2tapnr 9tVtll of the mierrti. Dada Chutar and Secti"II 18-2 and 18.3 of t8e Miami -Dada County Cates the ptsrjyaas Of pr0yidln0 24-hour SZtlartary Security tam" Service by privsw security cornpWes u^RY Guard Oist4W or 0D7strict'} artd interim roving police patrol service, is hereby 10pPrOv0d, Subject tQ the re gWmmw= Set forth herein, 3ecdan 3. The c eftdcn of said Chmict and the levying of armual Special iSseSsrttenti to sul=Aaait?tf>; service shall r® 4&V rite ff"cuaon of an Intartocat agreorerw►t In a form aaeeptabla to the My Atmrnetr'. between the G ty of Miami and 11Rianti•04de sty wherein the cdy. pursuant to applicable tirocuramertt tanxsdura, a, vvr� ftrtttish and In>.tall for ' The harry he City t to is further srrbiect to campQancs with all requirements that may br City Quarter and �#aav s aut. ud"a but not ti WWd to those praerlibed by apFl,=bla i i 2 c idta 4;atriet rll taoltal ;rnpravernants necasaa t+o emmlatet the eonsbruc"n of one 6uara I Hotese, l tludlnp wawa aawsr. j lldrre�Us, tier ectrevl afed ?*10hone a onerets pads, i birtg crest regedrad dsalnags b++Pr�owmen wing and striping. raewrmcdon of Med soot Avenue, right-of-way acquislti*" and raennrquetlpb Of West De", damdi , . � of tlae teraeia court. pates and one street . t oseer>,rs. as required by des Qireotor of the miartt . pads County Public Warke OeA Ifr WIMent toentur, the safe operat un at said ftefuty in the pubft right -at -way. Secdan 4. Upon the rvtarandum approval of t?tia SftW Ta3M11 016VICt by fie attar ted raddwM, and s ubiact to the "ctusieia 'af a apads<e provision In the Interiacal Agreement tzswn the Ch► end Miatrikecte �Y OfCounty peez+ridleeg tier ce+ecet6uAeeenart to. the e3qPansee InaM4 the �Y shad r Provide set tstts riP. raWno Polies patrol semice 12 ' hours a day. 7 clays s wreck 365 days a yev' m off-te t ntaricQd petrel wWmad of oa poaca oftisrers In ""des, for the period front October, j I. Ism wrapt�;on theOn, sarvke& t�dhWma and _ i °Oimm�'acart►er+t of s� • avalfaba'pty of aft-dvK. oaltca ofAgs= m pen� �� This sarvriee is subloci 4o tA. sedon S. Upon the de Am* a matim of 1 Chr Manager is h tree eeial TS,*W Oi alff five f hereby Od:'e4 saPend an arttaur+ti not to excoad One kiue dmd St". Eight Tf+ewaaetd Dollars (i7Q1q.000) to furnish ! and IastaR the aforaretarttianed Cwtal a19Pro�anes. . Feesioa 6. SaleT i mart*" ag► mamnt shag provide that N+and.Dade Caumy Shan the City for aA cow of &ai9or, rrtate+risla and !<te0pdea y tD aravide the aepitat �+Waveenante . and 1r*UN*n wing POUee patrol a aetiee'duadsed 1'eaegg t. . won 7, rde of the Germ Hosts fted% SKO mmain with 00 to Ci nig"!� aMd said fs�ty StW be leased in pwps�ty ry lf101 per artnuen Miaeed•�ade Caurtt�v for tea, dolzara untA such Umet as the Chmfict L �TtY'rrtay be ietd _ �•�had. andbtsraranee for such levied try tns Olscalm � tits Coat to � raimtwrsed to tea ChV fn the WwPJil asseAment, 3 an i Section a' Tte dttard Houce hWPJI aOProved to be canstnXtad VWU b& located within the pubRO fight•of-way 1pcated or'f'tetheson Avenue &act ! of Douglas Road,; . ctrttetion of the Facility ie subject to appiicartt.provi" the Cry tfse CAcatic' and design, of -the Guard kbttse for review. s i 5ecdon S. Ths street lessors wilt be rt located at StewaAvenue cast of OoL4as ! Rmd. Section Ia. Mtanti-Dade Cvutny ehau 6e rttspor>slhle for Op&ra" Traffic Control i Oetviees to enable w !! rods tc record the date and time of en1rV. vt We, ntaka. model. ec!or and Yo&nse-tag nurrtbar, it ba,tnp undo stood and agread that *no visitor to this OLstrlct will be I denied cocas: ar;nay to the O12V6 under my conditions. , I Section 11. , Misml-Gede County shod be ngoortdbe for etractdttg for a wri�ui,iw�: a:Yf19rllirClal SeCtlrity Quard • Swvka. duty fic�ensed and bonded and Stet* of Rorido 200MVOd. for the purpose of Providing service as the eptuvxirrtaae location spec;fted herein; 1 24-fwerrs a day, seven M days a •,,, � jfirma hundred sExty-fivi (3851 date a year. or, to the ahtunetitre, rite same services mats Ins 0mvided using trrlifcm=d Oft -duty ii.Ce off cox. r Sactfan tit. All .pbOrovgis and authorise tiara R6reht granted art eonditpene upon eppticant providing to the City dtfe i wumcs . GOMM of tide, wetranN daW for;Meat Drive - and Indent eat(pae • agreefflem seesptabis 20 the City Attorney vtthriirt 60 deya Itiraof. /111 ; APProvalsare hereby ftwdW conmtloned upon and subject so'tfie aflirta29ve vote of tg. s i nssitfeeits of the F.ntrade rteiphborltood in an elsctiat to'"conductedtdin *d a000p to nAlarni- fu %har etibjeot to the a j - �1► P�de. artr! pprovat of 4te* f�A'ienj4D da Caurtgr Board of • ! ' Comrrtisaianers. • • .. - Section 13. /UO o■dnancas or parts ofanW~cmm mar as they are Ineortalstent tor to eonfLrt with tree Araviaions of this Orillfl4 oa era hereby rtpealeti. r, S&edore 14. tf ally set matt Apt of section, pe f �� �• fie, phmse. ne wont %If u+anea rs dsetarsd k►vetid. the remaining txovistons of this Ardinamm shai not bo affeu•rsh - s 4 e • � •.. � •.c _ � 3 mot. P . 0 6 } Seetinh 15. This' Qvdirfanep shall bewme . offocthra ddrl (301 days after fmW reading and adoption ttie►eof. ! ' • PASSED ON FlF1S7' Rf�4D1NG HY TITLE ONLY tfUo rth • _ daY of _ February PASSED AND'A00PTED ON SECOND ANQ RNAL •READINd this T 4th dad of APriI 1995. _ JOE CAAOLLO, MAYOR ' • �8 wth , this ieSjl�laott by Hand ltnbg It in lhecom ,2� •46• alnW ft M"M did not'ndtrue sPP►cMJ �f pow ' mi ATTEST �@� 7t iiiB iima (i� `Vv 10! 4i8 ) Q9i� of M�4t ' =x Mayor vefxL i WA TER J. FOEMAN, Gulf CLERIC • CAPITAL IMPROVEMENT RMEW: API Z ORDIMATTOR • wDBE.r Y REV) . t �i ;,JAIutES d� � �'. . DIRECTOR OIPAK'P PUBLIC' OAKS DEPARTMENT EKH. DIRECTOR d OFRCE OF BUDGET AND t MANAGE imr ANALYSIS a • 4=APPR0RREC7OVED AS TC FORM AND . . � 1;DWAFtD CIA i I 1�ly CMV ATtO W414:mis;cslc.tE1M • .a e.9 e 1 BID ITEM:' .QA CITY OF MIAMI OF THE CITY CLERIC BID SECURITY LIST ENTRADA GUARDHOUSE (SECOND BIDDING) BID NO: 98-99-177 — tT- DATE BID(S) OPENED: SEPTEMBER 9, 1999 TIME 11:00 a.m. BIDDER TOTAL BID AMOUNT BID BOND (ER) CASHIER'S CHECK EDRM CORP. $ 167,000.00 B.B. VOUCHER TENUSA INC. 181,906.50 B.B. 5% VENECON, INC. 184,999.00 B.B. 5% R. TARAFA GENERAL CONTRACTOR, INC. 264,000.00 B.B. VOUCHER ALPHA ENGINEERS CORP. 203,025.00 B.B. 5% .ewferfj from !he venta received timely as of the abcie e7�rt'r, Y cicr}o crud time. offers AP submiticd in respors:� to t : 3 are hereby rejected as late." colic'+�'?nn, any, W-7 ��-71 6 --�-� � S CL. � �`-� -e received ( J ) envelops on behalf of Person r ceiving bid(s) (City Department) on SD ' J l 1 �( (Date) TO: Walter J. Foeman City Clerk r� FROM Tony P Dep ent of Public Works CITY OF MIAMI, FLORIDA 0 INTER -OFFICE MEMORANDUM DATE . August 4, 1999 FILE B-4612 SUBJECT : "ENTRADA GUARDHOUSE (SECOND BIDDING)"C 4 REFERENCES: ENCLOSURES: 1 Please note that contractors will submit bids for the following project: "ENTRA.DA GUARDHOUSE (SECOND BIDDING), B-4612" on Thursday, September 9th, 1999 at 11:00 A.M. Any bid submitted after the time listed above, will not be accepted. Please make necessary provisions for this bid opening. The Project Manager, Elyrosa Estevez, P.E. a representative overseeing the project is going to be present at the time of opening. Should there be cancellation or postponement, we will notify you in writing, prior to the opening date of the bids. If you have any questions, please contact me at 416-2131. TP/tp Encl. c: John Jackson Yvette Smith Project Manager File �- co BID No. 98-99-117 ADVERTISEMENT FOR BIDS Sealed bids for "ENTRADA GUARDHOUSE (SECOND BIDDING), B-4612" will be received by the City Clerk of the City of Miami, Florida at 11:00 AM on the 9th day of September, 1999, at the City Clerk's Office, first floor of the Miami City Hall. 3500 Pan American Drive, Dinner Key, Miami, Florida, 33133, at which time and place they will be publicly opened and read. Any bid submitted after the above appointed time will not be accepted by the City Clerk. The project consists of the design and construction of a guardhouse building located at 3690 Matheson Avenue in Coconut Grove, Miami. The project includes roadway widening along Matheson Avenue and new asphalt pavement construction along West Drive, a guardhouse building, utility connections, electric gates and appurtenances, landscaping and roadway markings. It also calls for the construction of a permanent street barricade at the intersection of Douglas Road (S.W. 37 Avenue) and Stewart Avenue. Bidders will furnish performance and bid bonds in accordance with Resolutions No. 86- 983 and No. 87-915. For technical questions regarding plans and specifications, please contact Mr. Leonard Helmers, P.E. at (305) 416-1217. Prospective bidders must have a current certified Contractor's License from the State of Florida Construction Industry License Board for the class of work to be performed, or the appropriate Certificate of Competency or the State Contractor's Certificate of Registration as issued by Miami- Dade County Code, which authorizes the Bidder to perform the proposed work. All bids shall be submitted in accordance with the Instructions to Bidders and Specifications. New City regulations will require each bidder to submit proposals in duplicate originals. Plans and specifications may be obtained at the Department of Public Works, 444 S.W. Avenue, 8th Floor, Miami, Florida 33130, on or after August 13, 1999. There will be a $20 deposit required for the first set of plans and specifications. Plans and specs can also be mailed to bidders upon written request to the Public Works Department including a separate check in the amount of $ 8. Additional sets may be purchased for a non-refundable fee of $20. Deposits will be refunded only upon return of one set of plans and specifications to the Department of Public Works, unmarked and in good condition within two (2) weeks after the opening of the bids. The City of Miami has adopted Ordinance No. 10032, which implements the"First Source Hiring Agreement". The object of this Ordinance is to provide employment opportunities to City of Miami residents on contracts resulting in the creation of new permanent jobs. Contractors may be eligible for wage reimbursement under this program. For further information contact the Department of Public Works, City of Miami, at (305) 416-1200. Proposal includes the time of performance, and specifications contain provisions for liquidated damages for failure to complete the work on time. The City Commission r'eryps theSght t waive any informality in any bid, and the City Manager may reject any<,,Ql -all bids, an'61 readvertise. (B-4612, Req. 05444). UI Donald H. Warshaw ;y City Manager ==; R t ; r Ir�s r � � r t f �4 7 , f 5���� �lCe+ 1, iAi? (.` .. t - F. -�� • • .. _ .,. ,. a r.r,r-1,t3bx+lPr tmu{=Y.^c,s�YexYMRI�'R.edKxV o MAR too &010� t i } fl - !' 1 A�I low .04 tt t t J ! I J.: Omni h J f 1 I � I' I" } L f 0 9 CITY OF MIANH OF THE CITY CLERK BID SECURITY LIST BID ITEM: ENTRADA GUARDHOUSE B-4612 BID NO: 98-99-116 DATE BID(S) OPENED: JULY 29, 1999 TIME 10:00 a.m. B received ( 4 ) envelops on behalf of Person receiving b s) PUBLIC WORKS (City Department) on {Dat Deputy City CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ro : Walter J. Foeman DATE July 1, 1999 FILE City Clerk B_4612 SUBJECT: ,ENTRADA GUARDHOUSE" FROM Ton Prat REFERENCES Y Departure of Public Works ENCLOSURES: 1 Please note that contractors will submit bids for the following project: "ENTRADA GUARDHOUSE, B-4612" on Thursday, July 29"', 1999 at 10:00 AN Any bid submitted after the time listed above, will not be accepted. Please make necessary provisions for this bid opening. The Project Manager, Elyrosa Estevez, P.E. a representative overseeing the project is going to be present at the time of opening. Should there be cancellation or postponement, we will notify you in writing, prior to the opening date of the bids. If you have any questions, please contact me at 416-2131. TP/tp > �9 _<nr M Encl. c: John Jackson = ' ~ N Yvette Smith _ ' 7K Project Manager File tA ell, BID No. 98=99,116 ADVERTISEMENT FOR BIDS Sealed bids for "ENTRADA GUARDHOUSE, 13-4612" will be received by the City Clerk of the City of Miami, Florida at 10:00 AM on the 29th day of July, 1999, at the City Clerk's Office, first floor of the Miami City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, 33133, at which time and place they will be publicly opened and read. Any bid submitted after the above appointed time will not be accepted by the City Clerk. The project consists of the design and construction of a guardhouse building located at 3690 Matheson Avenue in Coconut Grove, Miami. The project includes roadway widening along Matheson Avenue and new asphalt pavement construction along West Drive, a guardhouse building, utility connections, electric gates and appurtenances, landscaping and roadway markings. It also calls for the construction of a permanent street barricade at the intersection of Douglas Road (S.W. 37 Avenue) and Stewart Avenue. Bidders will furnish performance and bid bonds in accordance with Resolutions No. 86- 983 and No. 87-915. For technical questions regarding plans and specifications, please contact Mr. Leonard Helmers, P.E. at (305) 416-1217. Prospective bidders must have a current certified Contractor's License from the State of Florida Construction Industry License Board for the class of work to be performed, or the appropriate Certificate of Competency or the State Contractor's Certificate of Registration as issued by Miami- Dade County Code, which authorizes the Bidder to perform the proposed work. All bids shall be submitted in accordance with the Instructions to Bidders and Specifications. New City regulations will require each bidder to submit proposals in du licate originals. Plans and specifications may be obtained at the Department of Public Works, 444 S.W. 2n Avenue, 8th Floor, Miami, Florida 33130, on or after July 9, 1999. There will be a $25 deposit required for the first set of plans and specifications. Plans and specs can also be mailed to bidders upon written request to the Public Works Department including a separate check in the amount of $10. Additional sets may be purchased for a non-refundable fee of $25. Deposits will be refunded only upon return of one set of plans and specifications to the Department of Public Works, unmarked and in good condition within two (2) weeks after the opening of the bids. The City of Miami has adopted Ordinance No. 10032, which implements the "First Source Hiring Agreement". The object of this Ordinance is to provide employment opportunities to City of Miami residents on contracts resulting in the creation of new permanent jobs. Contractors may be eligible for wage reimbursement under this program. For further information contact the Department of Public Works, City of Miami, at (305) 416-1200. Proposal includes the time of performance, and specifications contain provisions for liquidated damages for failure to complete the work on time. The City Commission reserves the right to waive any informality in any bid, and the City Manager may reject any of all bids, and readvertise. (B-4612, Req. 05443). Donald H. Warshaw City Manager