HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8068 Final Action Date: 1/14/2021
MAY BE DEFERRED
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A STIPULATION OF PARTIES
AGREEMENT ("SOP"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA
EAST COAST RAILWAY ("FEC") AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE CONSTRUCTION OF A RAILROAD CROSSING
ALONG NORTHEAST 42ND STREET BETWEEN NORTHEAST 4TH AVENUE AND
FEDERAL HIGHWAY WITHIN THE FEC RIGHT OF WAY, OFFICE OF CAPITAL
IMPROVEMENTS ("OCI") PROJECT NO. 40-B173901, AS WELL AS FOR THE
CLOSURE OF THE RAILROAD CROSSING AT NORTHEAST MIAMI COURT
BETWEEN NORTHEAST 71ST STREET AND NORTHEAST 74TH STREET, OCI
PROJECT NO. 40-B183616; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS AND MODIFICATIONS TO THE SOP, ALL IN A FORMS
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR THE
PROJECT; FUNDS TO BE ALLOCATED AND APPROPRIATED BY SEPARATE
RESOLUTION.
WHEREAS, the City of Miami ("City") filed an opening application, attached and
incorporated as Exhibit "A," with the Florida Department of Transportation ("FDOT") to open a
railroad -highway grade crossing at Northeast 42nd Street; and
WHEREAS, the City and Florida East Coast Railway ("FEC") wish to construct a railroad
crossing along Northeast 42nd Street between Northeast 4th Avenue and Federal Highway,
within the FEC's Right of Way ("ROW'), Office of Capital Improvements ("OCI") Project No. 40-
B173901 ("Railroad Crossing"), as well as close the railroad crossing at Northeast Miami Court
between Northeast 71st Street and Northeast 74th Street, OCI Project No. 40-B183616
("Railroad Closure"), (collectively, "Project"); and
WHEREAS, the scope of the Railroad Crossing consists of constructing an at -grade
roadway across the existing railroad crossing within the FEC's ROW to allow for vehicular and
pedestrian traffic along with other roadway enhancements such as traffic signals, street lighting,
sidewalks, ramps, curb and gutter, drainage improvements, and modifications to the existing on -
street parking; and
WHEREAS, the scope of the Railroad Closure consists of removing the at -grade
roadway crossing to prohibit vehicular and pedestrian traffic along with installing guardrails
across Northeast Miami Court within the City's ROW on both sides of the railroad and removing
the leveling concrete blocks, concrete ties, control cabinet, and railroad gate and arms; and
City of Miami Page 1 of 2 File ID: 8068 (Revision:) Printed On: 5/13/2025
File ID: 8068 Enactment Number:
WHEREAS, FEC will be responsible for the construction, management, administration,
and maintenance of the Project within its ROW; and
WHEREAS, the City agrees to contribute funds towards the construction of the Project;
and
WHEREAS, on February 6, 2019, the City entered into a Joint Participation Agreement
("JPA") with Miami -Dade County ("County") for the acceptance and use of One Million, Four
Hundred Thousand Dollars ($1,400,000.00) in County funds for the construction of the Railroad
Crossing, attached and incorporated as Exhibit "B"; and
WHEREAS, the City, FEC, and FDOT desire to execute a Stipulation of Parties
Agreement ("SOP"), in substantially the attached form, to enable the City and FEC to construct
the Project;
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 to execute an SOP, in substantially the
attached form, with FEC and FDOT for the Project, attached and incorporated as Exhibit "C."
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other documents, including any amendments and modifications to the SOP, all in forms
acceptable to the City Attorney, as may be necessary for the Project.
Section 4. Funds are to be allocated and appropriated by separate Resolution.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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 City Code
provisions.
2 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.
City of Miami Page 2 of 2 File ID: 8068 (Revision:) Printed on: 5/13/2025