13Agenda Item No:13.
City Commission Agenda Item Report
Meeting Date: June 19, 2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section: ORDINANCE(S) FIRST READING(S)
Subject:
An Ordinance establishing a new Section 17-10.3 within Chapter 17, Article I of the City’s Code of Ordinances
to be known as the Pedestrian Crossing Acquisition, Development, Operation and Maintenance Trust Fund.
3/5
(Commissioner Gil)
Suggested Action:
Attachments:
Pedestriam_Crossing_Trust_Fund2CArev_s SACArev#s.docx
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ORDINANCE NO. _________________1
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An Ordinance establishing a new Section 17-10.3 within Chapter 17, Article I of the 3
City’s Code of Ordinancesto be known as the Pedestrian Crossing Acquisition, 4
Development, Operation and Maintenance Trust Fund.5
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WHEREAS,a review of the last two years of records regarding traffic accidents that have 7
occurred on US 1 at the intersections of SW 72 Street reveal that in 2016 (Jun-Dec) there were 35 8
accidents, 0 involving pedestrians, in 2017 (Jan-Dec) there were 55 accidents, 2 involving 9
pedestrians and in 2018(Jan-May) there were 24 accidents, 2 involving pedestrians (1 of which 10
involved 3 pedestrians)for a total of 114 accidentsand of the4 accidents involving pedestrians,11
there was oneTraffic fatality; and12
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WHEREAS,a review of the last two years of records regarding traffic accidents that have 14
occurred on US 1 at the intersections of SW 57Avenue reveal that in 2016 (Jun-Dec), there were15
19 accidents, 0 involving pedestrians, in 2017 (Jan-Dec) there were 44 accidents, 1 involving a 16
pedestrian and in 2018 (Jan-May) there were 19 accidents, 1 involving a pedestrian; and17
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WHEREAS, a new mixed use development is scheduled to be built on the site of the 19
Metrorail stationon South Dixie Hwy nearthe intersections of SW 57Avenue and another mixed 20
use development is scheduled to be built across from City Hall on Sunset Drive. It is anticipated21
that many of the inhabitants, employees and customers ofthese developmentswill be crossing22
US 1; and23
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WHEREAS,the residents of the South Miami Community RedevelopmentArea must 25
cross US1 to get to the two closest supermarkets, i.e., Winn Dixie located west of US 1 in South 26
Miami and Publix locatedwest of US 1 in Coral Gables; and27
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WHEREAS,the Mayor and City Commission are interested ininstallinga pedestrian 29
crossing near the South Miami Metrorail station.30
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 32
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:33
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Section 1. Chapter 17, Article I of the City’s Code of Ordinances is hereby amended to 35
create Section 17-10.3 to read as follows:36
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Sec. 17-10.3–Pedestrian CrossingAcquisition, Development, Operation and 38
Maintenance Trust Fund. 39
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(1) Definitions.As used in this section, the following words shall have the following 41
meanings: 42
"Routine maintenance" means minor repairs and associated tasks necessary to maintain 43
a safe and efficient Pedestrian Crossingsystem. The term includes: upkeep offixtures 44
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such as benches, pavement, patching; shoulder repair; cleaning and repair of drainage, 1
signs, and structures; mowing, litter cleanup, and other similar activities. 2
"FUND" as used in this section shall mean the Pedestrian Crossing Acquisition, 3
Development, Operation and Maintenance Fund. 4
(2) Purpose.The fund is hereby created for the purposes of acquiring, developing, 5
operating and maintaining Pedestrian Crossings. 6
(3) Funding sources.Citybudgeted funds as well as federal, state, county and private 7
funding, including the Trust for Public Lands, Citizens' Independent Transportation 8
Trust (CITT) and other similar sources. 9
(4) Use of funds.Any monies deposited into the fund and their interest or investment 10
earnings shall be applied as follows: 11
a. Categories, subcategories and projects: The FUNDhas three (3) major categories: 12
1) Acquisition; 2) Development; and 3) Improvement. Each year as part of the 13
City's annual budget process, the CityManagershall submit a proposed spending 14
planfor the FUND, including the scope of each anticipated project and allocating 15
expected new revenues and interest or investment earnings among the categories, 16
subcategories, and projects for the coming year. Over the term of the program, 17
funding and expenditures will be consistent with this section, unless the City18
Commissionby supermajority (4/5) vote determines otherwise. 19
b. Each proposed projectof this FUNDwill be included in the City's Capital 20
Improvement Program, unless subsequently added to this program by the 21
Commissionin compliance with this Section. The proposed scopes of projects 22
will include recommendations by the applicable CityDepartments. 23
c. The acquisition categorywill be used to pay for acquisition projects. In making 24
recommendationsregarding the funding of the acquisition fund projects, the City 25
Managerwill consider the following criteria. 26
i. Has the project been subject to a public review process or is it consistent with 27
approved plans, such as a neighborhood plan or a sea levelrise or watershed 28
plan? 29
ii. Does the project address deficiency or underserved communities? 30
iii. Is the project in an area experiencing growth? 31
iv. Does the project address an immediate health or safety problem, or take 32
advantage of an opportunity that will be lost unless action is taken? 33
v. Does the project contribute to solving major challenges facing our 34
community? 35
vi. Does the project have the potential to leverage other resources through the 36
actions of other public agencies, funding from public, private or philanthropic 37
partners, and/or in-kind contributions of time and energy from citizen 38
volunteers? 39
vii. Does the project result in significantly loweroperating costs for the City? 40
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viii. Does the project demonstrate new and creative methods to meet the 1
community's needs? 2
ix. Does the project demonstrate a high degree of neighborhood involvement 3
and support? 4
d. Funds unexpended at the end of any budget yearand any unallocated fundingshall 5
automatically be carried overwithin the FUNDto the next budget year. 6
(5) Deposit of proceeds.Funds from various sources may be deposited into the 7
Pedestrian CrossingAcquisition, Development, Operation and Maintenance Fund8
under this Section. Funds may be temporarily deposited or invested in such manner 9
as may be lawful, for the investment of such money and any interest and other earnings 10
shall be deposited in the fund. Any revenue or taxes and any interest or other earnings 11
from their deposit or investment, deposited in the fund, shall be applied solely for the 12
projects authorized pursuant to this Section, or remain in the fund until appropriated. 13
(7) Bond and notes.To the extent permitted and in accordance with applicable law, the 14
Citymay issue bonds, notes, or other forms of indebtedness,payable wholly or in part 15
from the Pedestrian CrossingAcquisition, Development, Operation and Maintenance 16
Fund. 17
(8) Restrictions.This fund shall not be used for routine maintenance as defined by this 18
Section. 19
Section 2. Codification. The significant provisions of this ordinance shall become and 20
be made part of the Code of Ordinances of the City of South Miami as amended; that the sections 21
of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the 22
word "ordinance" may be changed to "section" or other appropriate word.23
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Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for 25
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall 26
not affect the validity of the remaining portions of this ordinance.27
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Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 29
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.30
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Section 5. Effective Date. This ordinance shall become effective upon enactment.32
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PASSED AND ENACTED this ____ day of _____________, 2018.34
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ATTEST:APPROVED:36
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________________________________________________39
CITY CLERK MAYOR40
1st Reading 41
2nd Reading 42
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READ AND APPROVED AS TO FORM:COMMISSION VOTE:1
LANGUAGE, LEGALITY AND Mayor Stoddard:2
EXECUTION THEREOF Vice MayorHarris: 3
Commissioner Edmond:4
Commissioner Liebman:5
________________________Commissioner Welsh:6
CITY ATTORNEY 7
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