Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #5315 Date: 12/17/2018 Commission Meeting Date: 12/13/2018 Requesting Department: Office of the City Clerk Sponsored By: District Impacted: Various Type: Resolution Subject: Allapattah Rail Crossing FDOT and SFRTA Purpose of Item: <Insert Purpose of Item Here> Background of Item: <Insert Background Here> Budget Impact Analysis Item has NOT an Expenditure Total Fiscal Impact: Reviewed B Office of the City Attorney Barnaby L. Min Attorney Review Completed 12/27/2018 8:31 AM City Commission Maricarmen Lopez Meeting Completed 12/13/2018 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 12/21/2018 5:01 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 12/21/2018 5:02 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 12/27/2018 8:24 AM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 12/27/2018 8:31 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 12/27/2018 3:59 PM Office of the City Clerk City Clerk's Office Rendered Completed 12/28/2018 8:04 AM City of Miami Legislation Resolution Enactment Number: R-18-0567 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5315 Final Action Date:12/13/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR EQUITY, REGARDING THE NEGLIGENT MAINTENANCE AND/OR DISREPAIR OF MULTIPLE RAILROAD CROSSINGS IN ALLAPATTAH AND VARIOUS LOCATIONS WITHIN COMMISSION DISTRICT 4 BY THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY. WHEREAS, the Florida Department of Transportation ("FDOT") and/or the South Florida Regional Transportation Authority ("SFRTA") have previously identified various railroad crossings in desperate need of repair, maintenance, and/or resurfacing within the City of Miami ("City"), specifically at Northwest 22 Street, Northwest 10 Avenue, Northwest 11 Avenue, Northwest 12 Avenue, Northwest 13 Avenue, Northwest 19 Avenue, Northwest 24 Avenue, Northwest 24 Court, Northwest 30 Avenue, and Northwest North River Drive ("Allapattah Projects") and various other railway crossings in City Commission District 4 ("District 4 Railways") (collectively, "Projects"); and WHEREAS, FDOT and SFRTA have acquired the necessary funding and/or financing for the mobilization, engagemen,t and completion for the repairs and resurfacing of the Allapattah Projects; and WHEREAS, FDOT and SFRTA, despite having acquired the necessary funding to facilitate the repairs of the Allapattah Projects, have failed to proceed with the resurfacing and repair of the Allapattah Projects and continue to delay the work on the Allapattah Projects; and WHEREAS, various District 4 Railways have also fallen into disrepair and/or have been the subject of negligent maintenance and required upkeep; and WHEREAS, the continuing inaction and unreasonable delays by FDOT and/or SFRTA have caused an undue burden and hardship on the local business and property owners in Allapattah and District 4; and WHEREAS, the unfinished and delayed Projects create dangerous and hazardous conditions for pedestrians and motorists; and WHEREAS, the current conditions and lack of progress of the Projects negatively affects the health, safety, and welfare of the public; and WHEREAS, the City Commission finds that it is in the best interest of the City's residents, business owners, and property owners to authorize the City Attorney to take any and all actions necessary to ensure the timely and efficient completion of the Projects; 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 fully set forth in this Section. Section 2. The City Commission hereby directs the City Attorney to take any and all actions necessary, in law or equity, regarding the negligent maintenance and disrepair of the Projects by FDOT and SRFTA. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. APPROVED AS TO FORM AND CORRECTNESS: ndez, Ginty Attor ey 12/2772018 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.