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Home My WebLink AboutR-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