HomeMy WebLinkAboutO-12653City of Miami
Legislation
Ordinance: 12653
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00043 Final Action Date: 2/10/2005
(4/STHS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A
CONTRIBUTION OF FUNDS FROM MIAMI-DADE COUNTY, IN THE AMOUNT OF
$500,000, FOR THE MIAMI RIVER TUNNEL FEASIBILITY STUDY; AMENDING
ORDINANCE NO. 12622, ADOPTED DECEMBER 9, 2004, TO APPROPRIATE SAID
FUNDS INTO A NEW CAPITAL IMPROVEMENT PROJECT NO. 341332, ENTITLED
"MIAMI RIVER TUNNEL FEASIBILITY STUDY;" AUTHORIZING THE CITY
MANAGER TO EXECUTE THE JOINT PARTICIPATION AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Miami -Dade County ("County") requires a study to determine the feasibility of a new
multi -lane tunnel below the Miami River along Southwest 1st Avenue, Miami, Florida, between
Southwest 7th Street and Southwest 1st Street, Miami, Florida; and
WHEREAS, both the City of Miami ("City") and the County wish to partner to advance the
feasibility study stage of the proposed Miami River Tunnel project to connect the Downtown and
Brickell areas unimpeded by marine navigation; and
WHEREAS, the City has requested to be the lead agency to expedite the study, providing
services such as contract administration, management services and facilitation of technical reviews;
and
WHEREAS, the parties agree that it would be more cost and time effective and in the best interest
of the general public to execute a Joint Participation Agreement ("Agreement"); and
WHEREAS, the County will contribute funds in the total amount not to exceed $500,000, towards
the cost of the study; and
WHEREAS, the attached Agreement provides the terms and conditions for the City's use of the
funds; and
WHEREAS, this Ordinance is declared to be an emergency measure on the grounds that it is
necessary to safeguard the health, safety, welfare and convenience of the City, specifically to ensure
that funding is in place for a consultant to conduct the feasibility study;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami
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File Number: 05-00043 Enactment Number: 12653
Section 1. The recitals and findings found in the Preamble of this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to accept a contribution of funds from the County, in
the amount of $500,000, for the Miami River Tunnel Feasibility Study.
Section 3. Ordinance No. 12622, adopted December 9, 2004, the Capital Projects Appropriations
Ordinance, is amended in the following particulars: {2}
"Ordinance No. 12622
Section 1. The herein appropriations are hereby made for implementation of all municipal
capital improvements of the City of Miami, including new capital improvement projects scheduled to
begin during Fiscal Year 2005. The herein appropriations which are hereby designated by reference
to descriptive project title and number also include appropriations for previously approved scheduled
projects as well as reappropriations of prior funds. The sources of revenues to support the herein
appropriations are hereby identified by fund and project in ten Capital Funds, as follows:
VII. Fund 341 Streets & Sidewalks
35. 341332 Miami River Tunnel Feasibility Study
Funding Source:
Appropriations
a. Miami -Dade People's Transportation Plan $ 500,000
$ 500,000
Total
Section 4. The City Manager is further authorized{1} to execute an Agreement, in substantially
the attached form, for said purpose.
Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
Section 6. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance is declared to be an emergency measure on the grounds of urgent
public need for the preservation of peace, health, safety, and property of the City of Miami, and upon
further grounds of the necessity to make the required and necessary payments to its employees and
City of Miami Page 2 of 3 File Id: 05-00043 (Version: 2) Printed On: 10/26/2016
File Number: 05-00043 Enactment Number: 12653
officers, payment of its debts, necessary and required purchases of goods and supplies, and to
generally carry on the functions and duties of municipal affairs.
Section 8. The requirement of reading this Ordinance on two separate days is dispensed with by
an affirmative vote of not less than four -fifths (4/5ths) of the members of the Commission.
Section 9. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{3}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{3} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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