Miami-Dade
Legislative Item File Number: 120367 |
Printable PDF Format Clerk's Official Copy |
File Number: 120367 | File Type: Resolution | Status: Adopted | ||||||||
Version: 0 | Reference: R-296-12 | Control: Board of County Commissioners | ||||||||
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Requester: Public Housing and Community Development | Cost: | Final Action: 4/3/2012 | ||||||||
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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 | 4/3/2012 | 8L1 | Adopted | P | |||
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Economic Development & Social Services Committee | 3/14/2012 | 3C | Forwarded to BCC with a favorable recommendation | P | |||
REPORT: | Assistant County Attorney Terrence Smith read the foregoing proposed resolution into the record. Hearing no objections, the Committee considered Agenda Items 3C, 3D, and 3E simultaneously. Commissioner Bell asked Deputy Mayor Jack Osterholt to evaluate the feasibility of the County requiring utility companies to proffer some type of plan to landscape and maintain easements conveyed to them, and to provide her with a report of his findings. Mr. Gregg Fortner, Director, Public Housing and Community Development Department, pointed out the properties in this proposed resolution were already landscaped as part of the HOPE VI project. Commissioner Sosa noted landscaped easements presented a challenge for utility companies to access the utility lines. She clarified that tree roots could intertwine with the utility lines. Deputy Mayor Osterholt pointed out that Floirda Power & Light had the right to trim trees or take any action necessary, regardless of location, to maintain its power lines. Hearing no other questions or comments, the Committee proceeded to vote. | ||||||
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County Attorney | 2/29/2012 | Assigned | Terrence A. Smith | 3/1/2012 | |||
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County Mayor | 2/27/2012 | Assigned | County Attorney | 4/3/2012 | |||
REPORT: | PHCD (ASST. COUNTY ATTY: Unreadable- see Agenda Review Form) (ATTACHMENT(S): COMCAST SC IIB EASEMENT AGREEMENT W/ LEGAL; COMCAST SC IIC EASEMENT AGREEMENT W/ LEGAL) (PENDING CMTE ASSIGNMENT) (BCC SPONSORS- BOTH ARE CO-PRIME SPONSORS: CMSR EDMONSOR AND CMSR MONESTIME) | ||||||
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County Mayor | 2/27/2012 | Assigned | Russell Benford | 2/22/2012 | 2/24/2012 | ||
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Legislative Text |
TITLE RESOLUTION AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENTS TO COMCAST OF MIAMI, INC., TO CONSTRUCT, USE, MAINTAIN, OPERATE, ALTER, ADD TO, REPAIR, REPLACE, RECONSTRUCT, INSPECT AND REMOVE AT ANY TIME AND FROM TIME TO TIME A BROADBAND COMMUNICATIONS SYSTEM REFERRED TO AS ''COMPANY WIRING'' IN, ON, OVER, UNDER, AND ACROSS PROPERTY OWNED BY MIAMI-DADE COUNTY LOCATED GENERALLY AT THE INTERSECTION OF NW 75TH STREET AND NW 22ND AVENUE IN CONJUNCTION WITH HOPE VI-PHASE II PROJECT SITES; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXECUTE AGREEMENTS BODY WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby authorizes the conveyance of non-exclusive easements to Comcast of Miami, Inc. (Comcast) to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time a broadband communications system referred to as �Company Wiring� in, on, over, under and across Miami-Dade County-owned property located generally at the intersection of NW 75th Street and NW 22nd Avenue in conjunction with the HOPE VI-Phase II development, as more fully described in the attached Comcast easements, in substantially the form attached hereto and incorporated by reference; authorizes the County Mayor or County Mayor�s designee to execute said easements for and on behalf of Miami-Dade County and to exercise all provisions therein; and pursuant to Resolution No. R-974-09, directs the County Mayor or the County Mayor�s designee to record the instruments of easement conveyance accepted herein in the Public Records of Miami-Dade County, Florida; directs the County Mayor or the County Mayor�s designee to provide a recorded copy of the instruments to the Clerk of the Board within thirty (30) days of the execution of said instruments; and directs the Clerk of the Board to attach and permanently store recorded copies together with this resolution. HEADER Date: To: Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners From: Carlos A. Gimenez Mayor Subject: Resolution Authorizing the Conveyance of Non-exclusive Easements to Comcast of Miami, Inc., for the Construction, Operation, Maintenance, Inspection and Removal of Broadband Communications System Along Specified Easements for the HOPE VI-Phase II Development STAFF RECOMMENDATION Recommendation It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the conveyance of non-exclusive easements to Comcast of Miami, Inc., to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time a broadband communications system referred to as �Company Wiring� around and within the specified easements for the HOPE VI-Phase II project sites as noted on attached easement agreements. These easements are necessary to provide utilities to the new development Northpark at Scott-Carver. Scope The extent of each easement is more specifically noted on each attached non-exclusive easement agreement located generally at the intersection of NW 75th Street and NW 22nd Avenue in conjunction with the HOPE VI redevelopment project. The folios contained in the attached easements and the corresponding Commission districts are provided below: Folio District Folio District 30-3110-079-0010 3 30-3110-081-0010 2 30-3110-079-0020 3 30-3110-081-0020 3 30-3110-079-0030 3 30-3110-081-0030 2 30-3110-080-0010 3 30-3110-081-0040 2 30-3110-080-0020 3 30-3110-081-0050 3 30-3110-080-0030 3 30-3110-081-0060 2 Fiscal Impact/Funding Source Approval of this resolution will not create a fiscal impact to the County. Track Record/Monitor This project will be monitored by Jorge R. Cibran, Director of Facilities & Development for Public Housing and Community Development (PHCD) MANAGER'S BACKGROUND Background Comcast of Miami, Inc. has requested easements as delineated on attachments in order to provide utility requirements to the new HOPE VI-Phase II development. PHCD has no objection to these proposed locations. The HOPE VI redevelopment project was made possible by the U.S. Housing and Urban Development (HUD) 1999 grant, which has been leveraged with other funding sources to facilitate the financial viability of the project. Phase II of the redevelopment effort was started immediately after the execution of a Master Development Agreement (MDA) with the HOPE VI-Phase II developer, McCormack Baron Salazar, Inc. (MBS) in December 2008, and is anticipated to be completed by the end of 2012.� A total of 354 family rental units are planned for this phase, of which 177 are public housing units, 107 are low and moderate income units and 70 are market-rate units. Attachments ________________________ Deputy Mayor |
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