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HomeMy WebLinkAboutVI (A) Resolution No. 2003-12, relating to Jurisdictional Transfer of Portions of SR 439 and Rail Crossings from State Highway System to City Roadway System Agenda 4-01-2003 e Center of Good Lip Item VI A Mayor T� .:>--a.-»•,x,.,. -. i0e Commissioners S. Scott Vandergrift 16a , i .' Danny Howell, District I District• Scott Anderson, 2 City Manager �/"�� /� Rusty Johnson, District 3 Jim Gleason !!!///�,�. , Nancy J. Parker District 4 Staff Report Date: March 11, 2003 To: The Honorable Mayor and City Commissioners From: Janet Shira, Assistant to the City Manager Subject: Jurisdictional Transfer of Portions of S.R. 439 and Rail Crossings Issue Should the Mayor and City Commissioners approve the Roadway Transfer Agreement for S.R. 439 (a.k.a. Bluford Avenue, McKey Street, and Taylor Street) from S.R. 50 (a.k.a. Colonial Drive) to S.R. 437 (a.k.a. H.M. Bowness Road) from the State's highway system to the City's roadway system? Background State Road 439 through Ocoee encompasses the City's historic downtown area. As such, it has been difficult to plan for any downtown improvements because the City needed the approval of the State. This transfer agreement will make Bluford, McKey, and Taylor Streets local roadways. The City will then have the authority to plan improvements for those roadways. Discussion In lieu of resurfacing the roadways prior to turning them over to the City of Ocoee, the State is providing us with up to $850,000 which the City can elect to spend on either improvements to the road segments, or other streetscape improvements such as street lights, benches, decorative pavement, etc. We have provided the Florida Department of Transportation with a copy of the Downtown Ocoee McKey Street Improvements report that Herbert Halback, Inc. (HHI) did back in August 2001. This included about $1.8 million in improvements to the section of McKey Street between Bluford Avenue and Kissimmee Avenue. This plan will have to be reviewed and the City will need to come up with a set of specific improvements to construct with the $850,000. If the City Commission approves this transfer, staff will present the City Commission with some options on various improvements prior to putting together a formal proposal for the work to be done. City of Ocoee• ISO N Lakeshore Drive•Ocoee, Florida 34761 phone: (407)905-3100 • fax: (407)656-8504 • www.ci.ocoee fl.us Page 2 Staff Report— SR 439 Transfer It should also be noted that in transferring these roadway segments to the City, the City is accepting responsibility for the future maintenance of the railroad sections that cross these roadways. These railroad sections were recently improved and the FOOT estimates it will be at least 15 or 20 years before they require substantial maintenance again. Recommendation Staff respectfully recommends that the City Commission authorize the Mayor and City Clerk to sign the Roadway Transfer Agreement and Rail Crossing Agreements to then be forwarded on to the Florida Department of Transportation for its formal approval and signatures. cc: Jim Gleason, City Manager iU lw� /Lots:- u <U RESOLUTION 2003-12 t A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, TO THE FLORIDA DEPARTMENT OF TRANSPORTATION REQUESTING TRANSFER OF A PORTION OF SR 439/BLUFORD AVENUE/MCKEY STREET/TAYLOR STREET FROM SR 50/COLONIAL DRIVE TO SR 437/H. M. BOWNESS ROAD FROM THE STATE HIGHWAY SYSTEM TO THE CITY ROADWAY SYSTEM; AUTHORIZING THE EXECUTION OF A ROADWAY TRANSFER AGREEMENT AND RAILROAD CROSSING TRANSFER AGREEMENT IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE Whereas, SR 439 between SR 50 and SR 437 is currently a state road; and Whereas, the City of Ocoee, Florida has planned strectscape improvements within these limits; and Whereas, it would allow more design flexibility and control by the City of Ocoee, since permitting and review by the Florida Department of Transportation would not be required; and Whereas, Florida Statute 335.0415 provides for such a transfer as long as the Department of Transportation and the City of Ocoee, Florida, agree to the transfer; and NOW, THEREFORE, BE 1T RESOLVED by the City Commission of the City of Ocoee, Florida as follows: Section 1. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, and Section 335.0415, Florida Statutes. Section 2. The recitations set forth above are true, accurate and correct and are incorporated herein. Section 3. The City of Ocoee requests that jurisdiction of SR 439 between SR 50 and SR 437 be transferred from the State to the City of Ocoee. The City authorizes the execution of the Roadway Transfer Agreement and recognizes and accepts the terms and conditions found therein. The City authorizes Mayor S. Scott Vandergrift to sign the Roadway Transfer Agreement. Section 4. In connection with the transfer of the above referenced roadway segment, the City authorizes the execution of the Railroad Crossing Transfer Agreement-Grade Crossing and Traffic Control Devices and recognizes and accepts the terms and conditions found therein. The City authorizes Mayor S. Scott Vandergrift to sign said Railroad Crossing Transfer Agreement. 006.288709. Section 5. The City of Ocoee waives all rights to a hearing regarding this proposed transfer and the agreements executed in connection therewith. Section 6. This Resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF OCOEE THIS DAY OF 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. VIA. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2003. FOLEY & LARDNER By: City Attorney 2 006 288709. C-+ 144 2J)(33 RESOLUTION 2003- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, TO THE FLORIDA DEPARTMENT OF TRANSPORTATION REQUESTING TRANSFER OF A PORTION OF SR 439/BLUFORD AVENUE/MCKEY STREET/TAYLOR STREET FROM SR 50/COLONIAL DRIVE TO SR 437/H. M. BOWNESS ROAD FROM THE STATE HIGHWAY SYSTEM TO THE CITY ROADWAY SYSTEM; AUTHORIZING THE EXECUTION OF A ROADWAY TRANSFER AGREEMENT AND RAILROAD CROSSING TRANSFER AGREEMENT IN CONNECTION THERWWITH; AND PROVIDING FOR AN EFFECTIVE DATE Whereas, SR 439 between SR 50 and SR 437 is currently a state road; and Whereas,the City of Ocoee, Florida has planned streetscape improvements within these limits; and Whereas, it would allow more design flexibility and control by the City of Ocoee, since permitting and review by the Florida Department of Transportation would not be required; and Whereas, Florida Statute 335.0415 provides for such a transfer as long as the Department of Transportation and the City of Ocoee, Florida, agree to the transfer; and NOW,THEREFORE, BE IT RESOLVED by the City Commission of the City of Ocoee, Florida as follows:: Section 1. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, and Section 335.0415, Florida Statutes. Section 2. The recitations set forth above are true, accurate and correct and are incorporated herein. Section 3. The City of Ocoee requests that jurisdiction of SR 439 between SR 50 and SR 437 be transferred from the State to the City of Ocoee. The City authorizes the execution of the Roadway Transfer Agreement and recognizes and accepts the terms and conditions found therein. The City authorizes Mayor S. Scott Vandergrift to sign the Roadway Transfer Agreement. Section 4. In connection with the transfer of the above referenced roadway segment, the City authorizes the execution of the Railroad Crossing Transfer Agreement—Grade Crossing and Traffic Control Devices and recognizes and accepts the terms and conditions found therein. The City authorizes Mayor S. Scott Vandergrift to sign said Railroad Crossing'fransfer Agreement. 006.288709. Section 5. The City of Ocoee waives all rights to a hearing regarding this proposed transfer and the agreements executed in connection therewith.. Section 6. That this Resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF OCOEE 'FIBS BS DAY OF 2003. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,2003. FOLEY & LARDNER Bv: City Attorney 0 006.288709. sre%r. P DI I,AiOMA OfPAW;LRIDTUV .-..a_.. RAILROAD TRANSFER AGREEMENT GRADE CROSSING AND TRAFFIC CONTROL DEVICES ' " " DOT TO MUNICIPAL ROAD NAME OR NUMBER COUNTY NAME PARCEL& RiN NUMBER SR 439 ORANGE I (7523-1077 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the FLORIDA CENTRAL RAILROAD a corporation organized and existing under the laws of FLORIDA with its principal place of business in the City of PLYMOUTH County of ORANGE State of FLORIDA hereinafter called the COMPANY, and the City of OCOEE a municipal corporation. hereinafter called the CITY The actual date of transfer occurred WITNESS ETH. WHEREAS, the Parties have by separate agreement provided for the transfer of SR 439 from the DEPARTMENT to the CITY' and WH EREAS, F.S. 335.0415 Florida Statutes, provide for the transfer of public roads and the responsibility for operation and maintenance within the right-of-way of any road within the state, county, and municipal road system, and requires the CITY to sign an agreement with the DEPARTMENT covering the transfer of maintenance responsibility for any portion of a road constructed with federal assistance; and WHEREAS, the parties therefore wish to provide for the orderly transfer of ail railroad crossing agreements associated with the jurisdictional transfer of the road- hereinafter referred to as 'Existing Agreements." NOW, THEREFORE. in consideration of the mutual undertaking as herein set fortn. the parties hereto agree as follows 1. The DEPARTMENT assigns all of its rights and duties in the Existing Agreements listed in Exhibit"A" to the CITY. The Existing Agreements are modified only to the extent that the CITY is substituted in place of the DEPARTMENT as a party to the Existing Agreements, and is subject to all rights and duties contained therein. Attached to the CITY counterpart is a copy of all agreements listed in Exhibit "A". 2 The CITY accepts the foregoing assignment and assumes all obligations and duties thereunder. 3 The COMPANY agrees to the foregoing assignment and shall look solely to the CITY for the performance under the Existing Agreements. 4 This Agreement shall take effect on the same date of the transfer of maintenance responsibility of the roads listed in Exhibit"A" from the DEPARTMENT to the CITY as provided P.S. 335 0415 5 That the CITY, by Resolution No has authorized execution of this Crossing Transfer Agreement by the ph-Tr-bad aatl-Clerk o Je eciimmtsstetfewinon its behalf. til. Dv �.—� C IN WITNESS WHEREOF the parties hereto have caused these presents to he executed by their ouly authorized officers and their official sears hereto affixed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY 1111_i_ ITL SF COMPANY FLORIDA CENTRAL RAILROAD � I Ev TYPED NAME. _ - TITLE. ATTEST Secretary!Nctary CITY OF OCOEE FLORIDA TITLE ATTEST Aniziood as to Form,Ley Hhty znd Execution P9 uvornev DOT rate EXHIBIT"A" CROSSING TRANSFER AGREEMENT - � FDOTiAAR .. F COMMON ROAD NAM C ,ING RAILROAD R R MIL ) 1 CA F -USJFO- NUMBER 439 TAYLOR S[ 621882-K FCR F-123 /'11198 SR;C. 439 TAYLOR ST 621882-K FOR F'23 7,111287 XNG C O 439 TAYLOR ST 621882-K FCR F-12.3 ..2I 316 SUPL XNG 439 TAYLOR ST 6621852-K FCR F-123 5i16Y99' XNG C.O. 439 TAYLOR Si 621882-K FOR F-12.3 3/184002 XNG C.O. 439 MCKEY ST 622141-C FCR AVB 832.47 771//957 SIG Ca 439 MCKEY ST 622141-C FOR AV883247 711,-97 XNG O.O. 439 MCKEY ST 622141-C FOR AVB 83247 6/19, 991 Cr) MCKEY ST 622141-C FOR AVB 33247 2 .E11977 SIG AGR MCKEY ST 622141-C FOR AVB 83247 XNG ASP 439 MCKEY ST 622141-C FOR AVB 832 47 3/18: /0i 2 XNG C 0 I r I RESOLUTIONrr .v TRANSFER OF RAILROAD CROSSING AND CROSSING TRAFFIC CONTROL DEVICES A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD CROSSING TRANSFER AGREEMENT PROVIDING FOR THE TRANSFER OF MAINTENANCE RESPONSIBILITIES OF RAILROAD GRADE CROSSINGS AND CROSSING TRAFFIC CONTROL DEVICES PURSUANT TO TRANSFER OF PUBLIC ROAD JURISDICTION. AND PROVIDING FOR AN EFFECTIVE DATE RESOLUTION NO. WHEREAS. pursuant to Section 335.0415, Florida Statutes. he jurisdiction of SR n39 in OCOEE. ORANGE COUNTY Florida,was ironsfered from the FLORIDA DEPARTMENT OF TRANSPORTATION' to the CITY OF OCOEE cn and WHEREAS the undersigned games desire to execute a Railroad Crossing Transfer Agreement to transfer the maintenance responsibilities of grade crossings and crossing control devices for all rar:cad crossings located on said pubiic road NOW.THEREFORE. BE IT RESOLVED BY THE CITY OF OCOEE FLORIDA That the City of OCOEE enter into a Railroad Crossing Transfer Agreement with the State of Florida Department of Transportation and the FLORIDA CENTRAL RAILROAD Comoany. a copy of of which s attached and made a pad hereof; and That the Mayor and City Clerk of the City of °CORE are authorized to execute sac Railroad Crossing Transfer Agreement That this RESOLUTION shall take effect immediately upon adoption. Duly adopted by the City Commisioners of the City of OCOEE Florida. In regulav session his day of Rotor ized Signature Name Title ATTEST .....................__ (SEAL) Authorized Signature Name: The _ _ .