RESOLUTION 93-20725 RESOLUTION NO. 93-20725
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, DETERMINING IT TO BE IN THE PUBLIC
INTEREST OF THE CITY OF MIAMI BEACH TO REQUIRE PEOPLES
GAS SYSTEM, INC. TO RELOCATE THE GAS LINE UTILITIES
LOCATED IN: A) A 70 FOOT ROADWAY KNOWN AS JEFFERSON
AVENUE, LOCATED BETWEEN 1ST AND 2ND STREET, B) A 15 FOOT
ROADWAY KNOWN AS MELOY COURT, LOCATED BETWEEN MERIDIAN
AVENUE AND ALTON ROAD, IN BLOCKS 78 AND 80, C) A 20 FOOT
ROADWAY KNOWN AS MERIDIAN COURT, LOCATED BETWEEN MELOY
COURT AND 2ND STREET, ALL OF WHICH ARE LOCATED IN OCEAN
BEACH ADDITION NO. 3, AS RECORDED IN PLAT BOOK 2, PAGE
81, OF THE PUBLIC RECORDS OF DADE COUNTY FLORIDA.
WHEREAS, the Miami Beach Redevelopment Agency previously
approved the First Phase of the Cobb Project between First and
Second Street, and between Alton Road and Meridian Avenue; and,
WHEREAS, the Miami Beach Redevelopment Agency has invested
public funds in excess of $6, 000, 000 to assemble the properties
necessary for the construction of the Cobb Partners Townhouse
project, to stimulate development in the area; and,
WHEREAS, lying within the First Phase of the Cobb Project
site, there are gas lines owned by Peoples Gas System, Inc. which
must be removed and relocated to other existing rights-of-way; and,
WHEREAS, those areas within the Cobb Project site where gas
lines are to be removed are as follows:
a) a seventy (70) foot roadway known as Jefferson Avenue,
located between 1st and 2nd Street, in Ocean Beach Addition
No. 3 , as recorded in Plat Book 2 , Page 81, of the public
records of Dade County, Florida.
b) a fifteen (15) foot roadway known as Meloy Court, located
between Meridian Avenue and Alton Road, within Blocks 78 and
80 of Ocean Beach Addition No. 3 , as recorded in Plat Book 2 ,
Page 81, of the public records of Dade County, Florida.
C) a twenty (2 0) foot roadway known as Meridian Court, located
between Meloy Court and 2nd Street, within Block 78 of Ocean
Beach Addition No. 3 , as recorded in Plat Book 2 , Page 81, of
the public records of Dade County, Florida; and,
•
WHEREAS, it is in the public interest of the City of Miami
Beach and Miami Beach Redevelopment Agency to have the First Phase
of the Cobb Partners Project completed on a timely basis; and,
WHEREAS, Ordinance No. 90-2679, the twenty-year franchise
which the City of Miami Beach granted to Peoples Gas System, Inc. ,
provides in Section 12 (h) thereof as follows:
Whenever the City shall determine through its City Commission
that the public interest requires facilities of Grantee to be
reconstructed, relocated, altered or discontinued at Grantee' s
expense, it shall be the obligation of the Grantee within
thirty (30) days after receipt of written notice of such
requirement from the City Public Works Director, or within
such other longer time period which is acceptable to the City
to comply with such City determination; and,
WHEREAS, the City Commission wishes to make determination that
it is in the public interest of the City of Miami Beach to require
that Peoples Gas Systems, Inc. remove and relocate the above
described gas lines at the expense of Peoples Gas System, Inc.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, THAT:
1. The City Commission hereby finds and determines that it
is in the public interest of the City of Miami Beach to require
Peoples Gas System, Inc. to remove and relocate the gas lines
currently located in the following described roadway at the sole
expense of Peoples Gas System, Inc. :
a) a seventy (70) foot roadway known as Jefferson Avenue,
located between 1st and 2nd Street, in Ocean Beach Addition
No. 3 , as recorded in Plat Book 2 , Page 81, of the public
records of Dade County, Florida.
2
b) a fifteen (15) foot roadway known as Meloy Court, located
between Meridian Avenue and Alton Road, within Blocks 78 and
80 of Ocean Beach Addition No. 3 , as recorded in Plat Book 2 ,
Page 81, of the public records of Dade County, Florida.
c) a twenty (2 0) foot roadway known as Meridian Court, located
between Meloy Court and 2nd Street, within Block 78 of Ocean
Beach Addition No. 3 , as recorded in Plat Book 2 , Page 81, of
the public records of Dade County, Florida.
2 . The City' s Public Works Director is hereby instructed to
provide Peoples Gas System, Inc. written notice of this removal and
relocation requirement and Peoples Gas System, Inc. shall, within
30 days after receiving said notice, accomplish the removal and
relocation.
PASSED and ADOPTED this 17th day of Feb i ary 1993.
1
Pr
MAYOR
r '
ATTEST: FORM APPR
DIED
L[t7A!/ i
410
By \
ie
K'kabc),JJ Dat •�� ,�
CITY CLERK
3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. - .
TO: Mayor Seymour Gelber and DATE: February 17, 1993
Members of the City Commission
FROM: Roger M.
City Manaegikkal
SUBJECT: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DETERMINING IT TO BE IN THE
PUBLIC INTEREST OF THE CITY OF MIAMI BEACH TO REQUIRE
PEOPLES GAS SYSTEM, INC. , TO RELOCATE THE GAS LINE
UTILITIES LOCATED IN JEFFERSON AVENUE BETWEEN 1ST AND
2ND STREET, IN MELOY COURT BETWEEN MERIDIAN AVENUE AND
ALTON ROAD, AND IN MERIDIAN COURT BETWEEN MELOY COURT
AND 2ND STREET.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission adopt
the attached resolution determining it to be in the public interest
of the City of Miami Beach (City) to require the removal and
relocation of the gas line utilities within the described rights-
of-way and instruct the City's s Publ isDirector
- � r. Works to serve
written notice upon Peoples Gas System, Inc. , with regards to this
removal and relocation requirement.
BACKGROUND:
On March 31, 1989 the Miami Beach Redevelopment Agency entered into
an Agreement with Cobb Partners Development, Inc. , for the
construction of a town-home project in an effort to stimulate
development in the South Pointe Redevelopment area. The First
Phase of said project encompasses the area bounded by Alton Road on
the west Meridian Avenue on the east, First Street on the south and
Second Street on the north.
To date the Miami Beach Redevelopment Agency has expended public
funds in excess of $6, 000,000 to assemble the properties necessary
for this phase of the project.
According to the City's records Peoples Gas System owns certain gas
line utilities that lie within the First Phase parcel of the Cobb
Project. Specific areas within the site where gas lines are known
to exist are as follows:
a) a seventy (7 0) foot roadway known as Jefferson Avenue,
located between 1st and 2nd Street, in Ocean Beach Addition No. 3,
as recorded in Plat Book 2, Page 81, of the public records of Dade
County, Florida.
b) a fifteen (15) foot roadway known as Meloy Court, located
between Meridian Avenue and Alton Road, within Blocks 78 and 80 of
Ocean Beach Addition No. 3 , as recorded in Plat Book 2 , Page 81, of
the public records of Dade County, Florida. 34
AGENDA
ITEM
DATE 7-c13
Page 2 Commission Memorandum October 21, 1992
c) a twenty (2 0) foot roadway known as Meridian Court, located
between Meloy Court and 2nd Street, within Block 78 of Ocean Beach
Addition No. 3 , as recorded in Plat Book 2, Page 81, of the public
records of Dade County, Florida; and,
ANALYSIS:
Pursuant to the Development Agreement, the Redevelopment Agency is
obliged to deliver the First Phase parcel to Cobb Partners by
August of 1993 or risk losing a $500, 000 deposit and any interest
that may have accrued. The Development Agreement also stipulates
that, prior to closing, the Redevelopment Agency would fully
cooperate with Cobb Partner's efforts to obtain removal of the
privately owned utility lines within the project area, without
cost, pursuant to the City' s franchise or license agreements. In
accordance with the twenty-year franchise which the City of Miami
Beach granted to Peoples Gas System, Inc. :
Whenever the City shall determine through its City
Commission that the public interest requires facilities
of Grantee to be reconstructed, relocated, altered or
discontinued at Grantee's expense, it shall be the
obligation of the Grantee within thirty (30) days after
receipt of written notice of such requirement from the
City Public Works Director, or within such other longer
time period which is acceptable to the City to comply
with such City determination.
The City Administration considers that, pursuant to the franchise
granted by the City, Peoples Gas System is required to perform the
removal and relocation of utilities at their expense. The City
Administration believes that the development of the Cobb Project is
indubitably in the public interest of the City of Miami Beach and
the timely commencement of the First Phase of the project is deemed
to be of the utmost importance, because it would help stimulate
additional development in the South Pointe area. Requiring Peoples
Gas System, Inc. , to remove and relocate the gas lines currently
located within the First Phase Parcel of the Cobb Project would
facilitate this process.
CONCLUSION:
The City Commission by adopting the attached resolution and
instructing the Public Works Director to serve written notice to
Peoples Gas System, Inc. , will initiate the removal and relocation
process of the existing gas lines, thereby assisting with the
Redevelopment Agency's efforts to satisfy their contractual
obligations with Cobb Partners.
RMC:JD:rd
Attachments
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FIRST STREET
RESOLUTION NO. 93-20725
Determining it to be in the public
111.
interest of the City of Miami Beach to
y
require Peoples Gas System, Inc. to
q P
relocate the gas line utilities located ; 4
A) a 70 foot roadway known as eb
Jefferson Avenue, located between 1st and mir
2nd Street, B) a 15 foot roadway known as
Meloy Court, located between Meridian
Avenue and Alton Road, in blocks 78 and
80, C) a 20 foot roadway known as
Meridian Court, located between Meloy
Court and 2nd Street, all of which are
located in Ocean Beach Addition No. 3, as
recorded in Plat Book 2, Page 81, of the
Public Records of Dade County Florida.
41110