HomeMy WebLinkAboutR-23-0042City of Miami
Resolution R-23-0042
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13097 Final Action Date: 1/26/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A CONSTRUCTION
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION ("FDOT"), PERMITTING THE CITY TO
CONSTRUCT, AT ITS OWN EXPENSE, 160 LINEAR FEET OF GUARDRAIL
WITHIN FDOT'S RIGHT-OF-WAY TO PROTECT THE PROPERTY KNOWN AS
FIRE STATION 6, LOCATED AT 701 NORTHWEST 36TH STREET, MIAMI,
FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING AMENDMENTS,
EXTENSIONS, OR RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR
BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE
PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL
INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY
CODE, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY
BE DEEMED NECESSARY FOR SAID PURPOSE.
SPONSOR(S): Commissioner Christine King
WHEREAS, the City of Miami ("City") owns Fire Station No. 6, located at 701 Northwest
36th Street, Miami, Florida ("Property"); and
WHEREAS, the City Fire -Rescue Department ("Fire") has identified the need for a
guardrail to protect the Property from vehicular traffic accidents that may occur at the
intersection of 36th Street and 7th Avenue ("Intersection"); and
WHEREAS, the proposed guardrail will be constructed on the State of Florida,
Department of Transportation ("FDOT") right-of-way between the Intersection and the Property;
and
WHEREAS, FDOT has included the guardrail in its project list, however, there is no clear
timeline for its construction; and
WHEREAS, the City desires to construct the guardrail at its own expense in order to
expedite its completion and mitigate the risk to the Property and its occupants; and
WHEREAS, FDOT is authorized and required by Section 334.044(13), Florida Statutes,
to coordinate the planning, development, and operation of the State Highway System; and
WHEREAS, Section 339.282, Florida Statutes, provides that FDOT may contract with a
property owner to finance, construct, and improve public transportation facilities; and
City of Miami Page 1 of 2 File ID: 13097 (Revision:) Printed On: 6/26/2025
File ID: 13097 Enactment Number: R-23-0042
WHEREAS, upon completion of the project, the guardrail will become the property of
FDOT; and
WHEREAS, the City desires to enter into a Construction Agreement ("Agreement") with
FDOT, which will allow the City, at its own expense, to make improvements to FDOT's right-of-
way within said Property by constructing 160 linear feet of guardrail to protect the Property and
its occupants from vehicular traffic.
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 hereby authorized' to negotiate and execute the
Agreement, in a form acceptable to the City Attorney, permitting the City to construct 160 linear
feet of guardrail, at the its own expense, within FDOT's right-of-way to protect the Property.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
documents, including any other amendments renewals, and extensions, all in forms acceptable
to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, and in
compliance with applicable provisions of the City Code, including, the City of Miami's
Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in
Chapter 18 of the City Code, and all applicable laws, rules and regulations, as may be deemed
necessary for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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 2 File ID: 13097 (Revision:) Printed on: 6/26/2025