HomeMy WebLinkAboutR-21-0138City of Miami
Resolution R-21-0138
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8774 Final Action Date: 4/8/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
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 1) 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 AND 2) TO CLOSE THE RAILROAD CROSSING AT
NORTHEAST MIAMI COURT BETWEEN NORTHEAST 71ST STREET AND
NORTHEAST 74TH STREET, OCI PROJECT NO. 40-B183616
(COLLECTIVELY, "PROJECT"); FURTHER AUTHORIZING THE CITY
MANAGER 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; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE FEC'S STANDARD GRADE
CROSSING LICENSE AGREEMENT FOR THE USE AND EXISTENCE OF THE
NORTHEAST 42ND STREET RAIL -HIGHWAY PUBLIC AT GRADE CROSSING
IN COMPLIANCE WITH THE TERMS OF THE SOP; PROVIDING FOR THE
BUDGETING, ALLOCATION, AND APPROPRIATION OF FUNDS BY
SEPARATE RESOLUTION.
WHEREAS, the City of Miami ("City") filed an opening application 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 4t" Avenue and Federal Highway,
within the FEC 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 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
City of Miami Page 1 of 3 File ID: 8774 (Revision: A) Printed On: 5/19/2025
File ID: 8774 Enactment Number: R-21-0138
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, railroad gate, and arms; and
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 in
an amount not to exceed nine hundred thousand dollars ($900,000.00) for the Railroad
Crossing and an amount not to exceed two hundred forty-two thousand dollars ($242,000.00)
for the Railroad Closure; and
WHEREAS, on February 6, 2019, the City entered into a Joint Participation Agreement
with Miami -Dade County ("County") for the acceptance and use of One Million, Four Hundred
One Thousand Dollars ($1,401,000.00) in County funds for the construction of the Railroad
Crossing, attached and incorporated as Exhibit "B"; and
WHEREAS, the City, FEC, and FDOT wish to execute a Stipulation of Parties
Agreement ("SOP"), attached and incorporated as Exhibit "A", 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.
Section 3. The City Manager is further authorized1 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. The City Manager is further authorized' to negotiate and execute FEC's
standard grade crossing License Agreement for the use and existence of the Northeast 42nd
Street rail -highway public at grade crossing in compliance with the terms of the SOP.
Section 5. Funds for the Project are to be budgeted, allocated, and appropriated by
separate Resolution.
Section 6. This Resolution shall become effective immediately upon its adoption.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 8774 (Revision: A) Printed on: 5/19/2025
File ID: 8774
Enactment Number: R-21-0138
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 8774 (Revision: A) Printed on: 5/19/2025