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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00298 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ACCEPTING THE AMOUNT OF $99,418.20, FROM THE PORT OF MIAMI AS A GRANT TO SUPPORT THE "FLORIDA EAST COAST RAILWAY QUIET ZONE STUDY," CAPITAL IMPROVEMENTS PROGRAM PROJECT B-40268. WHEREAS, the City of Miami ("City") initiated the Florida East Coast Railway ("FEC") Quiet Zone Study ("Study") in order to designate a new Quiet Zone along the FEC from Northeast 71st Street (Little River), Miami, Florida, to the Port of Miami ("POM"); and WHEREAS, this Study is driven by the FEC and POM project to reconstruct a 4.4 mile segment of the existing rail corridor in order to allow both freight and passenger rail; and WHEREAS, this Study will recommend safety upgrades to the existing grade crossing in order to allow the City to petition the Federal Railroad Administration for a waiver to establish the Quiet Zone which will allow railroad trains to be exempt from blowing their whistles at each crossing; and WHEREAS, the POM will contribute the amount of $99,418.20 and the total cost of the Study is $149,934.50; and WHEREAS, pursuant to Resolution No. 11-0038, adopted January 27, 2011, the City Commission appropriated the remaining balance of the Study cost from Fund 39900 Mass Transit; and WHEREAS, the Joint Participation Agreement ("JPA") is required since the Miami -Dade County ("County") through the POM, is contributing funds to the study and since County funds were used, the City, through the POM, was required to contact the County's Department of Small Business Development ("SBD"); and — WHEREAS, the SBD ruled, on March 16, 2011, that the Community Business Enterprise Program contract measure will not be required for the Study; and WHEREAS, it is recommended that the City Commission approve the JPA; 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 City Manager is authorized(1) to execute the JPA, in substantially the attached City of Miami Page 1 of 2 File Id: 11-00298 (Version: 11 Printed On: 4/14/2011 File Number. 11-00298 form, with the County, a political subdivision of the State of Florida, to allow the City to accept the amount of $99,418.20, from the POM as a grant to support the "FEC Quiet Zone Study," Capital Improvements Program Project B-40268. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU 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. City of Miami Page 2 of 2 File Id: 11-00298 (Version: 1) Printed On: 4114/2011