HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01288 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR THE
CITY OF MIAMI TO MAINTAIN THE LANDSCAPE AND NON-STANDARD
SIDEWALKS OF A SIX (6) LANE HIGHWAY FACILITY BEGINNING FROM STATE
ROAD 5/US-1/BISCAYNE BOULEVARD FROM NORTHEAST 5TH STREET TO
NORTHEAST 13TH STREET, MIAMI, FLORIDA, AS STATED HEREIN.
WHEREAS, as part of the continual updating of the State of Florida Highway System, the Florida
Department of Transportation ("FDOT"), for purposes of safety, protection of the investment and other
reasons, 'nas constructed and maintains a six (6) lane highway facility; and
WHEREAS, FDOT has agreed to install landscape and/or irrigation on said highway facility; and
WHEREAS, the City of Miami has agreed to maintain said highway facility with landscaped
medians and areas outside the travel way to the rights -of -way line, excluding the standard concrete
sidewalk, to include periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary
replanting; and
WHEREAS, assumption of a Maintenance Agreement ("Agreement") is currently estimated at an
annual cost of $40,000 to the City; and
WHEREAS, FDOT will not be contributing any funds for the maintenance of said highway facility;
and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, FDOT and the City have determined that it would be in the best interest of the general
public to enter into the attached Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings set forth in the Preamble of this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, with FDOT, District Six, for the City to maintain a six (6) lane highway, beginning from
State Road 5/US-1/Biscayne Boulevard from Northeast 5th Street to Northeast 13th Street. The City
City of Miami
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File Number. 07-01288
agrees to maintain said highway facility with landscaped medians and areas outside the travel way to
the rights -of -way line, excluding the standard concrete sidewalk, to include periodic trimming, cutting,
mowing, fertilizing, litter pick-up and necessary replanting.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
SURGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} 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.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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