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2001-024RESOLUTION NO. 2001-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RESCINDING RESOLUTION NUMBER 2000-16 AND RESOLUTION NUMBER 2000-75, WHICH HAD SUPPORTED THE OPENING OF THE RAILROAD CROSSING AND HAD AUTHORIZED THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY, TURNBERRY ASSOCIATES AND FLORIDA EAST COAST RAILWAY, LLC, RELATING TO THE RAILROAD CROSSING AT NORTHEAST 199TH STREET. WHEREAS, pursuant to Resolution 2000-16, the City Commission had expressed its support for a permanent opening of the railroad crossing at Northeast 199th Street; and WHEREAS, pursuant to Resolution 2000-75, the City Commission had authorized the City Manager to enter into a memorandum of understanding concerning the proposed permanent opening of the railroad crossing at Northeast 199th Street; and WHEREAS, circumstances have changed significantly since the time of adoption of Resolution 2000-16 and Resolution 2000-75, and the Florida Department of Transportation (the "DOT") has been unable to accommodate the City's request for assurances that the findings of future City sponsored traffic studies related to that intersection would be honored by the DOT; and WHEREAS, the railroad crossing at Northeast 199th Street is presently closed; and Resolution No. 2001-24 Page 2 WHEREAS, the City Commission finds that, at this time, it is no longer in the best interest of the City to support the permanent opening of the railroad crossing at Northeast 199th Street. NOW, THEREFORE, BE RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals is hereby confirmed and adopted. Section 2. Rescission of Resolutions. That Resolution No. 2000-16 and Resolution No. 2000-75, concerning the railroad crossing at Northeast 199th Street are hereby rescinded and shall be of no further force or effect. Section 3. Implementation. That the City Manager is hereby authorized to take all action necessary to implement the purposes of this Resolution. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Beskin, who moved its adoption. The motion was seconded by Vice Mayor Cohen and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow no yes yes yes yes no no Resolution No. 2001-2__4 Page 3 PASSED AND ADOPTED this 3rd day of April, 2001. A'I-rES~': TF~A a. SOBOK~ CM~ CITY CLERK ~ · ~FF~EY M. I~'~RLOW, MAYOR APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY 3