Miami-Dade Legislative Item
File Number: 112256
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File Number: 112256 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1060-11 Control: Board of County Commissioners
File Name: RIGHT OF WAY TRANSFER MAY RE: OKEECHOBEE ROAD Introduced: 10/24/2011
Requester: Public Works & Waste Management Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 8M2
Notes: TLL-10/24/2011 X112211 Title: RESOLUTION AUTHORIZING EXECUTION OF A ROAD JURISDICTION TRANSFER AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE MIAMI-DADE EXPRESSWAY AUTHORITY (MDX) FOR NW 138 STREET FROM OKEECHOBEE ROAD/SR 25 TO WEST OF INTERSTATE 75 (I-75); APPROVING THE OFFICIAL RIGHT-OF-WAY TRANSFER MAP; AUTHORIZING RECORDING OF SAID MAP AMONG THE PUBLIC RECORDS; AUTHORIZING THE TRANSFER OF RIGHT-OF-WAY AS DEPICTED THEREON TO MDX; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE THE PROVISIONS THEREIN (SEE AGENDA ITEM NO. 8M9)
Indexes: RIGHT-OF-WAY
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/6/2011 8M2 Adopted P

Regional Transportation Committee 11/7/2011 1E1 Forwarded with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read into the record the title of the foregoing resolution. Chairman Barriero opened the public hearing in connection with the foregoing proposed resolution. He closed the public hearing after no one wishing to speak appeared. Hearing no other questions or comments, the Committee proceeded to vote.

County Attorney 10/28/2011 Assigned Debra Herman 10/31/2011

County Mayor 10/24/2011 Assigned County Attorney 12/6/2011
REPORT: PWWM (ATTACHMENT(S): 1: MDX LTR TO MS. ESTHER CALAS; 2: CITY OF HIALEAH LTR TO MS. ESTHER CALAS; TRANSFER AGREEMENT) (ASST. COUNTY ATTY: DEBRA HERMAN) (BCC SPONSOR: CMSR DIAZ) (X-REF W/ LEG# 112211)

County Mayor 10/24/2011 Assigned Alina Tejeda-Hudak 10/21/2011 10/21/2011

Legislative Text


TITLE
RESOLUTION AUTHORIZING EXECUTION OF A ROAD JURISDICTION TRANSFER AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE MIAMI-DADE EXPRESSWAY AUTHORITY (MDX) FOR NW 138 STREET FROM OKEECHOBEE ROAD/SR 25 TO WEST OF INTERSTATE 75 (I-75); APPROVING THE OFFICIAL RIGHT-OF-WAY TRANSFER MAP; AUTHORIZING RECORDING OF SAID MAP AMONG THE PUBLIC RECORDS; AUTHORIZING THE TRANSFER OF RIGHT-OF-WAY AS DEPICTED THEREON TO MDX; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE THE PROVISIONS THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, the Miami-Dade County Expressway Authority (MDX) has requested that Miami-Dade County transfer the right-of-way known as NW 138 Street from Okeechobee Road/SR 25 to west of I-75, from County jurisdiction to MDX jurisdiction,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the Road Jurisdiction Transfer Agreement between Miami-Dade County and MDX attached hereto and incorporated herein, pursuant to Section 335.0415, Florida Statutes, transferring the County-maintained roadway facilities to MDX, and authorizes the County Mayor or County Mayor’s designee to execute same for and on behalf of Miami-Dade County and to exercise the provisions therein; AND authorizes the conveyance of a right-of-way transfer map to MDX pursuant to this resolution as attested by the Clerk of the Board and the subsequent recording of said right-of-way transfer map in the public records, in substantially the form attached hereto and made a part hereof.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing Execution of a Road Jurisdiction Transfer Agreement Between Miami-Dade County and the Miami-Dade Expressway Authority for NW 138 Street from Okeechobee Road/SR 25 to west of Interstate 75, Approving the Official Right-of-Way Transfer Map, and the Recording of said Map Among the Public Records

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) approve the attached resolution authorizing the execution of a Road Jurisdiction Transfer Agreement (Agreement) between Miami-Dade County (County) and the Miami-Dade Expressway Authority (MDX) to transfer NW 138 Street from Okeechobee Road/SR 25 to west of Interstate 75 (I-75), from County to MDX jurisdiction, approving the Official Right-of-Way Transfer Map of NW 138 Street from Okeechobee Road/SR 25 to west of I-75, and authorizing the recording of said map among the Public Records.

SCOPE
MDX has requested that the County transfer the right-of-way known as NW 138 Street from Okeechobee Road/SR 25 to west of I-75 from County to MDX jurisdiction (Attachment 1). This roadway is located within the City of Hialeah (City) and Commission District 12.

FISCAL IMPACT/FUNDING SOURCE
Upon execution of this Agreement and recordation of the Official Right-of-Way Transfer Map, the County will no longer be liable for expenses related to the operation and maintenance of this roadway. In addition, it will enable the County to receive reimbursement ($6,860,000) from the City for County expenditures that have been made pursuant to the existing Joint Participation Agreement (JPA) between the City and County for the City’s construction of improvements along NW 138 Street (Project). MDX will thereafter assume responsibility to reimburse the City for their completion of the Project.

DELEGATION OF AUTHORITY
No additional authority is being requested within the body of this contract.

TRACK RECORD/MONITOR
The Public Works and Waste Management Department (PWWM) is the entity overseeing this item and the person responsible is Raul A. Pino, PLS, Land Development/Right-of-Way Chief.

MANAGER'S BACKGROUND
BACKGROUND
On June 30, 2009, the BCC approved a JPA between Miami-Dade County and the City, to provide County funding for the construction of the Project under Resolution No. R-838-09. The construction of this Project is ongoing and will be completed by the City.

MDX is pursuing the extension of SR 924 (Gratigny Expressway) west to the Homestead Extension of the Florida Turnpike (HEFT) and proposes to utilize NW 138 Street to provide this connection. The City is in support of this proposed arrangement in order to facilitate access and mobility in this developing area of the County (Attachment 2). MDX has held public meetings for the project and the preferred alternative is the NW 138 Street alignment. This transfer does not prejudice the outcome of the on-going project development and environmental study.

The expressway extension is proposed to be tolled at its eastern and western-most connections, SR 924 and the HEFT respectively, with the roadway section in between remaining as a controlled-access, non-tolled facility. In order for MDX to utilize its capital bond funding for the Project, MDX must have a property interest in the proposed facility. Therefore, MDX has requested that NW 138 Street, from Okeechobee Road/SR 25 to west of I-75 be transferred from the County to MDX jurisdiction.

Once the roadway transfer has occurred, MDX will reimburse the City for costs incurred to widen the roadway. The County and the City propose to amend the existing JPA to reimburse to the County all funds previously paid by the County to the City for the Project, and to terminate the remainder of the JPA. The City will reimburse the County for its contributions toward the Project within 60 business days of the execution of the Amendment to the JPA, as well as this Agreement and the recordation of the Official Right-of-Way Transfer Map. The Amendment to the JPA is concurrently being presented for approval by the BCC under a separate resolution. A new JPA will then be submitted for other programmed projects within the City that will utilize those same reimbursed funds.

The Resolution authorizes the recording of an Official Right-of-Way Transfer Map which shall serve as the instrument of conveyance pursuant to Chapter 337.29 of the Florida Statutes, to be attested by the Deputy Clerk of the Board on behalf of the BCC and returned to PWWM to be recorded in the Public Records of Miami-Dade County Florida.




__________________________
County Manager/Deputy Mayor



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