HomeMy WebLinkAboutR-18-0567City of Miami
Legislation
Resolution: R-18-0567
File Number: 5315
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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:
City of Miami Page 1 of 2 File ID: 5315 (Revision:) Printed On: 1/29/2019
File ID: 5315
Enactment Number: R-18-0567
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:
1
i ria i "ndez, i Attor ey 12/2712018
' 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: 5315 (Revision:) Printed on: 1/29/2019