HomeMy WebLinkAboutR-99-0637J-99-658
' 8/18/99
0, s —
RESOLUTION NO.y' j 6 4,a.�
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PERMIT AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
MIAMI-DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT (DERM)
FOR THE WAGNER CREEK RETROFITTING PROJECTS
PHASE IV AND PHASE V.
WHEREAS, the City of Miami owns and maintains Wagner Creek,
a tributary of the Miami River, located between Northwest 141h
Avenue and Northwest 15`h Street and between Northwest 14`h Street
and Northwest 11`h Street, Miami, Florida; and
WHEREAS, it is necessary that the Department of Public Works
improve the flow characteristics, aesthetics and safety of Wagner
Creek; and
1
WHEREAS, the proposed improvement requires dredging of spoil
material along the Creek's bottom, removal of overgrown
vegetation and litter and stabilization of the shoreline banks
where needed; and
WHEREAS, a shoreline permit agreement from the Miami -Dade
County Department of Environmental Resources Management (DERM),
CITY CQ0H
MEETING OF
5 E P 2 1 1999
kus�lutiosl i°!o.
is required for construction of Wagner Creek; and
WHEREAS, said permit agreement requires the City to hold
harmless Miami -Dade County from any and all liability, claims and
damages of any nature whatsoever occurring, including or arising
as a result of the City of Miami activities;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized2-1 to
execute a permit agreement, in substantially the attached form,
between the City of Miami and Miami -Dade County Department of
Environmental Resources Management (DERM) for the construction
'-� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
- 2
work on Wagner Creek between Northwest 14th Avenue and Northwest
15th Street and between Northwest 14th Street and
Northwest IIth Street, Miami, Florida.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.�'
PASSED AND ADOPTED this 21st day of September 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Manor did not Indicate spprml,^i of
this legislation by signing it in the designated place provided, sai� lrfr" ,v
becomes effective with the elapse cf ton (10) day, om the daWof n
regarding same, without the Mayor exercic'„y -to.
ATTEST: - Walt •o an, City Clerk
WALTER J. FOEMAN
CITY CLERK
S 10 FO6 AN9 CORRECTNESS :V
4:RCL
?� If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
3
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
Mem?10H.
of the City Commission
inWarshaw
City Manager
RECOMMENDATION
CAw12
DATE : J U L 1 41999 FILE :
SUBJECT : RESOLUTION authorizing
a Permit Agreement for
the Renovation of Wagner Creek
REFERENCES:
ENCLOSURES:
it is respectfully recommended that the City Commission adopt the attached
Resolution authorizing the City Manager to execute a Permit Agreement between
the City of Miami and Miami -Dade County Department of Environmental Resources
Management (DERM), for the renovation of Wagner Creek, a tributary of the Miami
River, between NW 14 Avenue and NW 11 Street.
BACKGROUND
it is necessary to improve the flow characteristics, aesthetics and safety of Wagner
Creek, by reconstructing the creek bottom and the shoreline banks. This project is
required by the City's National Pollutant Discharge Elimination System (NPDES)
permit issued by the Environmental Protection Agency (EPA). In order to perform
this work, an environmental permit agreement between the City of Miami and
Miami -Dade County DERM is required. A copy of the permit application and
agreement is attached.
DHW/R /JJK/mm
CL' �
WagnerCreek-MEMO.doc
A ErIcla.-srit c f C>vrn.er-shigp
wmcl X-Xalcl ]Wa - rrUams Agx-eezrxeimt
Personally Appeared Before Me, , that
undersigned authority, and hereby swears and affirms under oath as follows:
1. That your affiant is the record owner or lessee of that certain property' more
fully described as:
WAGNER CREEK
may attach legal description from public records or plot book or a copy of the warranty deed
Please see attached documents that show ownership of creek.
2. That your affiant is also the riparian and/or littoral owner or lessee of that
certain property that is the subject matter of Application No.
for a Class i permit under and pursuant to Section 24-58 of the Code of
Miami -Dade County to construct or engage in the following activity:
Dredging of creek to remove trash and sediments and to improve flow
characteristics.
3. That your affiant hereby swears and affirms its ownership or leasehold in the
above noted property necessary for the work noted in Paragraph 2 above,
and hereby agrees to: defend same and hold the County harmless from any
and all liability, claims and damages of any nature whatsoever occurring,
Including or arising as a result of your affiant not having the proper title to all
lands or proper leasehold to all lands that are the subject matter of this
application.
STATE OF FLORIDA
COUNTY OF DADE
Owner/Applicant
BEFORE ME, the undersigned authority, personally appeared
who, after being duly sworn, deposes and says that he/she has read the foregoing, and
that the statements contained therein are true and correct to the best of his/her
knowledge and belief.
Sworn to and subscribed before me this - of ,
(day) (month) (year)
a9-- 637
11.4
PeRM
DLPARTUZUt of 9XVIR MNEKMAL MACURG" NkU"GZrexs
L Applicationnumber '
2. Date ..Day/McnOVYear
Class I
Permit Application
I For official use onl)'
6: Describe the proposed actrvity; its purpose and intended use; including.a description of the:af.the type of structures: if any.
,.
to be.ererted on fillsi orptpe orIioat supported platforms andihe type,: composltion.:and quantity of:materWs to be . ;. .
discharged qr dampr. d and means of conveyance:
The;proposed renovation project wz l l ' consi st :of dredgi fig spoil . material a ortq Wagner?
Creek's`bottotn, removal of `overgrown exotic vegetation plants and `trash litter along
the creek, and stabilizing'the'creek's- ban ks,'where necessary, to improve the flow.cha
racteristics of the creek:.; The -proposed project will be divided into two parts:
Phase IV(Wagner Creek froth NW 14 AV to 151. .ST) and Phase V (Wagner Creek from NW 14 ST!
to .1 i . STD . DmdgedlEzcavated Flled/Deposned
74b6
Volume of Muerial: CY - GY CY CY
•�d.W 1S Of! .M1/H. jior�0.fW.Y M K1v116 M.r W. l+a.W O<�H.M'.
7.?roposed Use: (Check: One) j
CI
...:::Private._
Public
0 Commercial
D Other
ti. Names ana ac resses or amouune properry owners whose
a,n :Please see attached document of
Address: all property owners * that are adja
cent Ao. project. Zip Codc
10 3qame qi aaieaway �Iocatlon of t3te activity,
WAGNER -PREEN
also
I3ame:
Address:
Zip Cadet
11, Date activity is proposed to:
Commence *P1 ease eeenote Be completed ; th; t,gg Days of commencement of project
f3. iast al! apptt7valc pr 5cnnonsregtttredbyotherFederal state.or local egenciei forany.structures.:constn c41on.ditcarges, deposits
or oheratrvtvesdescribedipicaLon.yrwe.prp�etaDrooWore;r mpacu
3ssirtng Agency Type of Approvgi Idenaficaaon Number Date of AppUcaaon Date of Approval
1rtay lrn ".}o� ni:
F 9 . fip#s1 for forks zn waters of Fl Not Submitted yet
'Ft. D E.P. Maintenance SDredging-Applicat*66: "
14 Has any, other agency:derued approvalforariy activity directly, related to tlte.activity described:herein?
'iS: Remark .
16.,Estimatedproject cost=-$880,000:for. both
18. Application is hereby made for a permit or permit(s) tc
authorize the activities described herein. I agree to provide an}
additional information/data that may be necessary to provide
reasonable assurance or evidence to show that the proposcc
project will comply with the applicable State Water Qualitn
Standards or other environmental protection standards both
during construction and afar the project is completed. I also
agree to provide entry to the project site for inspectors from the
environmental protection agencies for the purpose of making the
preliminary analyses of the site and monitoring permitted works
if permit is granted. I certify that I am familiar with the
information contained in this application and that to the best o
my knowledge and belief. such information is true. complete ant
accurate. I further certify that I possess the authority tt
undertake the proposed activities.
Signature of owner
Date
SUBSCRIBED AND SWORN TO ME THIS DAY OF . I9. BY
O PERSONALLY KNOWN O PRODUCED IDENTIFICATION (PLEASE CHECK ONE)
TYPE OF ID PRODUCED
NOTARY PUBLIC
r)
�J� iyq!
7::Proposed.Use:.(Check One) i
a .Private
Public
U.. .'.Corumercial
O: Other
8. Names and addresses of adjoining property owners whose
Marne: Please see attached document of
Address. °all property- owners' that are .adja
cent io. project . Zip Code
also adioins the wa
Name.
Address:
Zip Coda
JJ— lY3r�
11. Date activity is proposed to:
Commence '*P1 ease eeernoteBe completed within_ Qn_ Days of commencement of project
_* Note:As soon..as project is bid out and all permits are approved
12.Is any Onion of this.activity for which authorization is sought now complete?
❑ : Yes
;No
.Ifartsim is "yts' reasons in the:reinarIiSsectton :Indicate the existing work on the draikings.
Month:and Year the aadvity:waa:completed
14. Has my. other ageficy -deniedapprovalfor'anys activity directly related to the.activity described: herein?.
Yes ...
:No
1S Remarks
16.Fstimated project cost = $85040 -for: both
18. Application is hereby made for a permit or permit(s) tc
authorize the activities described herein. I agree to provide an}
additional information/data that may be necessary to provide
reasonable assurance or evidence to show that the proposec
project will comply with the applicable State Water Qualit.N
Standards or other environmental protection standards both
during construction and after the project is completed. I alsc
agree to provide entry to the project site for inspectors from the
environmental protection agencies for the purpose of making the
preliminary analyses of the site and monitoring permitted works
if permit is granted. I certify that I am familiar with the
information contained in this application and that to the best o
my knowledge and Wief. such information is true, complete anc
accurate. I further certify that I possess the authority tc
undertake the proposed activities.
Signature of owner
Date
SUBSCRIBED AND SWORN TO ME THIS DAY OF 19 , BY
0 PERSONALLY KNOWN D PRODUCED IDENTIFICATION (PLEASE CHECK ONE)
TYPE OF M PRODUCED NOTARY PUBLIC