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HomeMy WebLinkAboutR-07-0630City of Miami Legislation Resolution: R-07-0630 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01288 Final Action Date: 11/9/2007 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, has 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 Page 1 of 2 File Id: 07-01288 (Version: 1) Printed On: 4/19/2017 File Number: 07-01288 Enactment Number: R-07-0630 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} 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. City of Miami Page 2 of 2 File Id: 07-01288 (Version: 1) Printed On: 4/19/2017