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HomeMy WebLinkAboutLegislationFile Number: 09-01206 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONFIRMING THE ISSUANCE OF A CITY OF MIAMI PUBLIC WORKS EXCAVATION PERMIT FOR A FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY CONDUIT IN A PORTION OF THE RIGHT-OF-WAY OF NORTHWEST 3RD AVENUE, WITHIN THE CITY OF MIAMI, FLORIDA, IN ACCORDANCE WITH THE CONDITIONS AS SET FORTH HEREIN. WHEREAS, the public right-of-way of Northwest 3rd Avenue between SR -83611-395 and Northwest 15th Street, is under the custodial jurisdiction of the City of Miami, Florida; and WHEREAS, in accordance with Section 54-42 of the Code of the City of Miami, Florida, as amended ("City Code"), a Public Works Department Excavation Permit was issued on June 26, 2008 for the installation of a utility conduit in a portion of Northwest 3rd Avenue north of SR -836/1-395 as part of Florida Department of Transportation ("FDOT") Project No. 251686-1-52-01; and WHEREAS, the FDOT will own, operate and maintain said utility conduit; and WHEREAS, the FDOT desires a confirmation and clarification of the conditions of said Excavation Permit and the assurance that the FDOT is authorized to continue to occupy a portion of the Northwest 3rd Avenue right-of-way with said utility conduit; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The issuance of City of Miami Public Works Excavation Permit No. 1108 for the installation of a FDOT utility conduit in a portion of the right-of-way of Northwest 3rd Avenue within the City of Miami, Florida, is confirmed in accordance with the following conditions: (a) Said utility conduit shall be located within a portion of the Northwest 3rd Avenue right-of-way as described on the attached legal description identified as Parcel 800. (b) The City of Miami grants to the FDOT full right of ingress thereto and egress therefrom to perform any acts required for the installation and maintenance of the utility conduit and any related equipment. (c) The FDOT shall regulate the installation of the utility conduit and related equipment and all future operations so as not to conflict with the normal operations of the City of Miami. (d) The FDOT shall comply with all applicable regulations in the City Code pertaining to utility installations in the public right-of-way. (e) Said confirmation shall be continuous until such time that the FDOT abandons or City ofMiami Page I of 2 Printed On: 10/29/2009 City of Miami City Hall 3500 Pan American ti ? Drive *•••.• ... * " Legislation Miami, FL 33133 www.miamigov.com Resolution File Number: 09-01206 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONFIRMING THE ISSUANCE OF A CITY OF MIAMI PUBLIC WORKS EXCAVATION PERMIT FOR A FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY CONDUIT IN A PORTION OF THE RIGHT-OF-WAY OF NORTHWEST 3RD AVENUE, WITHIN THE CITY OF MIAMI, FLORIDA, IN ACCORDANCE WITH THE CONDITIONS AS SET FORTH HEREIN. WHEREAS, the public right-of-way of Northwest 3rd Avenue between SR -83611-395 and Northwest 15th Street, is under the custodial jurisdiction of the City of Miami, Florida; and WHEREAS, in accordance with Section 54-42 of the Code of the City of Miami, Florida, as amended ("City Code"), a Public Works Department Excavation Permit was issued on June 26, 2008 for the installation of a utility conduit in a portion of Northwest 3rd Avenue north of SR -836/1-395 as part of Florida Department of Transportation ("FDOT") Project No. 251686-1-52-01; and WHEREAS, the FDOT will own, operate and maintain said utility conduit; and WHEREAS, the FDOT desires a confirmation and clarification of the conditions of said Excavation Permit and the assurance that the FDOT is authorized to continue to occupy a portion of the Northwest 3rd Avenue right-of-way with said utility conduit; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The issuance of City of Miami Public Works Excavation Permit No. 1108 for the installation of a FDOT utility conduit in a portion of the right-of-way of Northwest 3rd Avenue within the City of Miami, Florida, is confirmed in accordance with the following conditions: (a) Said utility conduit shall be located within a portion of the Northwest 3rd Avenue right-of-way as described on the attached legal description identified as Parcel 800. (b) The City of Miami grants to the FDOT full right of ingress thereto and egress therefrom to perform any acts required for the installation and maintenance of the utility conduit and any related equipment. (c) The FDOT shall regulate the installation of the utility conduit and related equipment and all future operations so as not to conflict with the normal operations of the City of Miami. (d) The FDOT shall comply with all applicable regulations in the City Code pertaining to utility installations in the public right-of-way. (e) Said confirmation shall be continuous until such time that the FDOT abandons or City ofMiami Page I of 2 Printed On: 10/29/2009 File Number.' 09-01206 removes the utility conduit and related equipment from the public right-of-way. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS% JULIE O. BRU CITY ATTORNEY ✓ v - Footnotes: {1} 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. City of Miami Page 2 of 2 Printed On: 10/29/2009