HomeMy WebLinkAboutR-09-0516Vop City of Miami
Legislation
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Resolution: R-09-0516
File Number: 09-01206
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/10/2009
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 -836/1-395 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 of Miand Page 1 of 2 File Id. 09-01206 (Version: 1) Printed On: 7/7/2017
File Number: 09-01206
Enactment Number: R-09-0516
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 }
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 Miand Page 2 of 2 File Id. 09-01206 (Version: 1) Printed On: 7/7/2017