Miami-Dade Legislative Item
File Number: 130427
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File Number: 130427 File Type: Resolution Status: Adopted
Version: 0 Reference: R-235-13 Control: Board of County Commissioners
File Name: MEMORANDUM OF AGREEMENT BETWEEN MDC AND FDOT Introduced: 3/1/2013
Requester: Public Works & Waste Management Cost: Final Action: 4/2/2013
Agenda Date: 4/2/2013 Agenda Item Number: 8L1
Notes: Title: RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN MIAMI-DADE COUNTY, THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MEDLEY FOR THE NECESSARY RIGHTS-OF-WAY ACQUISITION PRIOR TO THE CONSTRUCTION OF NW 87 AVENUE BETWEEN NW 74 STREET AND NW 103 STREET
Indexes: NONE
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 4/2/2013 8L1 Adopted P

Infrastructure & Capital Improvements Committee 3/12/2013 3H Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read into the record the title of the foregoing resolution. There being no objections or comments, the members of the committee proceeded to vote.

County Attorney 3/1/2013 Assigned Jason Bloch 3/1/2013

County Mayor 3/1/2013 Assigned County Attorney 4/2/2013
REPORT: PWWM - Jason Bloch assisted - Comm. Diaz Sponsor - pending cmte assignment - Attachment: MOU Agreement

County Mayor 3/1/2013 Assigned Alina Tejeda-Hudak 3/1/2013

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN MIAMI-DADE COUNTY, THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MEDLEY FOR THE NECESSARY RIGHTS-OF-WAY ACQUISITION PRIOR TO THE CONSTRUCTION OF NW 87 AVENUE BETWEEN NW 74 STREET AND NW 103 STREET

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 approves the execution of a Memorandum of Agreement between Miami-Dade County, the Florida Department of Transportation and the Town of Medley for the necessary rights-of-way acquisition prior to the Construction of the NW 87 Avenue between NW 74 Street and NW 103 Street; and authorizes the County Mayor or the County Mayor’s designee to execute same for an on behalf of Miami-Dade County, and to exercise all provisions contained therein.

HEADER
Date:

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing Execution of a Memorandum of Agreement Between Miami-Dade County,
The Florida Department of Transportation, and the Town of Medley for the necessary rights-of-way
acquisition prior to the Construction of NW 87 Avenue Between NW 74 Street and NW 103 Street

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (BCC) approve the attached resolution authorizing the execution of a Memorandum of Agreement (MOA) between Miami-Dade County (County), The Florida Department of Transportation (FDOT) and the Town of Medley (Town) for the necessary rights-of-way acquisition prior to the construction of NW 87 Avenue between NW 74 Street and NW 103 Street (Project).

Scope
The Project is located within Commissioner Jose ‘Pepe’ Diaz’ Commission District 12. The County has jurisdiction over NW 87 Avenue along the west side from NW 74 Street to NW 90 Street. The Town has jurisdiction over NW 87 Avenue along the east side from NW 74 Street to NW South River Drive and over NW 87 Avenue along the west side from NW 90 Street to NW South River Drive.

Fiscal Impact/Funding Source
There is no fiscal impact to the County for the rights-of-way acquisition and for the construction of the Project. The County’s rights-of-way have been dedicated by the adjacent property owners and FDOT will build and fund the construction of the Project. The Project’s funding has been identified under FDOT Financial Project Number 405615-3-52-01. It is the intention of the parties to this MOA that the County shall assume responsibility for the maintenance of NW 87 Avenue from NW 74 Street to Okeechobee Road after acceptance of the Project by the Public Works and Waste Management Department (PWWM). The acceptance of the Town’s rights-of-way and road maintenance shall be accomplished via a transfer agreement which must be approved by the Town and the BCC through future resolutions. After the road is accepted by the County, the yearly maintenance cost is estimated at $49,000 which will be funded through PWWM’s General Fund allocation.

Track Record/Monitor
The MOA establishes the responsibilities of each party. The implementing County agency is PWWM, and the Project Manager responsible for monitoring this Project is Mr. Octavio Marin, P.E., Highway Division, Plans Review Section.

MANAGER'S BACKGROUND
Background
In July of 2000 FDOT prepared a Project Development and Environmental Study (PD&E) which evaluated corridor alternatives for the Project and concluded that the subject location offered the best potential for the project’s needs. The segment of NW 87 Avenue from NW 58 Street to NW 103 Street is primarily a north-south urban principal arterial roadway, with an adjacent industrial and commercial use. The proposed improvements are consistent with the Miami-Dade County Metropolitan Planning Organization, 2012 Transportation Improvement Program.

The construction of the portion of NW 87 Avenue from NW 58 Street to NW 74 Street has been completed by FDOT under project FM No. 405615-2-52-01 and was subsequently transferred to the County for maintenance. The current design for the project is being done by the FDOT and calls for provisions for a four (4) lane urban section, signing and pavement markings, conventional roadway lighting, seven (7) signalized intersections, and a bridge crossing the Miami Canal (South Florida Water Management District C-6 Canal). There is a Florida East Coast railroad crossing about 1.3 miles north of the NW 74 Street intersection.

At the request of the Town, FDOT prepared the MOA for the Project which was subsequently executed by the Town. FDOT will proceed with the construction of the Project once the MOA is executed by the County and FDOT. Prior to commencement of construction, all necessary rights-of-way need to be dedicated by the affected property owners. The County’s rights-of-way have been dedicated by the adjacent property owners, and the Town will endeavor to acquire the rights-of-way by March 1, 2013. The area of the project from Okeechobee Road to NW 103 Street is currently under the jurisdiction of the City of Hialeah Gardens (CITY) and will remain under their jurisdiction and maintenance once the Project is completed. A separate agreement between FDOT and the CITY will establish responsibilities for these parties for this segment of the roadway.

___________________________
Alina T. Hudak
Deputy Mayor



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