Miami-Dade
Legislative Item File Number: 112256 |
Printable PDF Format Clerk's Official Copy |
File Number: 112256 | File Type: Resolution | Status: Adopted | ||||||
Version: 0 | Reference: R-1060-11 | Control: Board of County Commissioners | ||||||
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Requester: Public Works & Waste Management | Cost: | Final Action: 12/6/2011 | ||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 12/6/2011 | 8M2 | Adopted | P | |||
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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. | ||||||
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County Attorney | 10/28/2011 | Assigned | Debra Herman | 10/31/2011 | |||
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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) | ||||||
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County Mayor | 10/24/2011 | Assigned | Alina Tejeda-Hudak | 10/21/2011 | 10/21/2011 | ||
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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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