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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01191 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING , IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND MIAMI-DADE COUNTY
("COUNTY"), THE CITY OF MIAMI ("CITY"), THE CITY OF WEST MIAMI ("WEST
MIAMI"), AND THE CITY OF SWEETWATER ("SWEETWATER", WITH THE
COUNTY, THE CITY , WEST MIAMI, AND SWEETWATER BEING COLLECTIVELY
REFERRED TO AS THE "LOCAL GOVERNMENTS"), DEFINING THE
PROCESSES FOR COOPERATION IN THE OPERATION OF MAIN PUMP
STATION PUMPS DISCHARGING INTO THE C-4 CANAL, IN ORDER TO REDUCE
POTENTIAL FLOODING AND ADVERSE WATER QUANTITY IMPACTS WITHIN
THE GEOGRAPHIC AREAS OF THE LOCAL GOVERNMENTS, THE C-4 BASIN,
AND DOWNSTREAM AREAS, FORA TEN (10) YEAR INITIAL PERIOD WITH ONE
(1) OPTION TO RENEW FOR AN ADDITIONAL TEN (10) YEAR PERIOD UPON
MUTUAL WRITTEN CONSENT OF ALL PARTIES.
WHEREAS, the City of Miami ("City") is the Applicant of Environmental Resource Permit ("ERP")
Permit Application No. 030311-10, which requests authorization to construct and operate a surface
water management system including pump discharge to the C-4 Canal; and
WHEREAS, the City of West Miami ("West Miami"), City of Sweetwater ("Sweetwater"), and
Miami -Dade County ("County") also are respective applicants of particular environmental resource
permit applications and have also requested authorization to construct and operate a respective
surface water management systems including discharges to the C-4 Canal; and
WHEREAS, pursuant to Chapter 373, Florida Statutes, the South Florida Water Management
District ("SFWMD") has adopted the C-4 Basin Operating Plan for discharges into the C-4 Canal and,
pursuant to Section 163.01, Florida Statutes, desires to enter into a Memorandum of Understanding
("MOU") as an interlocal agreement with the City, the County, West Miami, and Sweetwater
(collectively referred to as the "Local Governments"); and
WHEREAS, the MOU is designed to be applied in the time period preceding, during and
immediately following storm events where excessive rain is expected in the geographic area of the
Local Governments; and
. WHEREAS, the MOU.defines the responsibilities for the cooperation among the parties as an
:interlocal agreement in order to reduce potential flooding and'adverse water quantity impacts within
the geographic areas of the Local. Governments; and
WHEREAS, -the MOU shall be effective for a period of ten (10) years with the option to renew for
an additional ten (10) year period effective upon mutual written consent of all of the parties;
Cit3 of Mianv . .
Page 1 of 2 File Id: 11-01191 (Version: 1) Printed On: 2/23/2012
File Number. 11-01191
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 adopted by
reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute an MOU, in substantially the attached
form, between the SFWMD and the Local Governments, defining the processes for cooperation in the
operation of main pump station pumps discharging into the C-4 Canal, in order to reduce potential
flooding and adverse water quantity impacts within the geographic areas of the Local Governments,
the C-4 Basin, and the downstream areas, for a ten (10) year initial period with one (1) option to renew
for an additional ten (10) year period upon mutual written consent of all parties.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS&
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} 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} 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.
City of Miamir.
Page2of2
File Id: 11-01191 (Version: 1) Printed On: 2/23/2012