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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 35 W .. l ,. 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