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96-21885 RESO RESOLUTION NO. 96-21885 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA REQUESTING THE TOWN OF GOLDEN BEACH AND THE OTHER PARTY PLAINTIFFS TO VOLUNT ARIL Y DISMISS THEIR FEDERAL COURT ACTION IN TOWN OF GOLDEN BEACH. BIODIVERSITY ASSOCIATES. THE AMERICAN LITTORAL SOCIETY. INC.. RICHARD JACKSON. AND DONALD J. DUERR V. DISTRICT ENGINEER. U.S. ARMY CORPS OF ENGINEERS. ET AL.. AND TO COOPERATE IN THE EFFORTS TO RENOURISH THE BEACHES IN THE CITY OF MIAMI BEACH. WHEREAS, the beaches of the City of Miami Beach ("City") are an important natural resource and attraction to the tourist, fashion and film industries and are significant to the economy of the City and to Metropolitan Dade County; and WHEREAS, a project to renourish beaches between Government Cut and Haulover Inlet was initiated by the United State Army Corps of Engineers (ACOE) in conjunction with Dade County, but was enj oined as of September 22, 1994 by a court order in a federal court action initiated by the Town of Golden Beach ("Town") and subsequently joined in by various individual and corporate plaintiffs in Town of Golden Beach. Biodiversity Associates. The American Littoral Society. Inc.. Richard Jackson. and Donald 1. Duerr v. District Engineer. U.S. Army of Cor:ps of Engineers. et aI., U.S. District Court for the Southern District of Florida, Case No. 94-1816-CIV- UNGARO-BENGARES; and WHEREAS, under the beach renourishment project halted by the federal court injunction, approximately 400,000 cubic yards of sand were to be placed along the beachfront between 34th and 47th Streets in the City, but at the time that the injunction was imposed, only approximately 25% of the project had been completed; and WHEREAS, due to the continuation of the federal court litigation by the Town of Golden Beach and the other party plaintiffs, the City of Miami Beach continues to be placed in an at risk position to the effects of storm surge and erosion damage which have already resulted in certain portions of beachfront becoming impassable by beach patrol and fire/rescue vehicles thereby compromising the safety and welfare of citizens and visitors utilizing the City's beaches; and WHEREAS, the on-going effects of beach erosion have resulted in the closing of portions of the City's boardwalk due to water intrusion and has placed private and public properties in jeopardy; and WHEREAS, due to the inability to renourish its beaches, the City has been placed in a precarious position in the upcoming hurricane season and is subject to the risk of substantial erosion and hurricane surge damage, which poses a serious threat to private and public property and to the life, health, safety, and welfare of the citizens of Miami Beach, should the City experience a significant hurricane; and WHEREAS, engmeenng studies have shown that sand placed along beaches in HollywoodlHallandale and in Sunny Isles has resulted in an accretion of sand along the beachfront of the Town of Golden Beach such that the beaches in the Town do not presently require renourishment and, therefore, have not been impacted by the federal court injunction; and WHEREAS, the Town of Golden Beach was not required to post any bond prior to the imposition of the injunction, and has proceeded with the instant litigation without subjecting itself to the risks which have been imposed upon the City of Miami Beach; and WHEREAS, improved dredge positioning technologies, and the addition of numerous environmental safeguards designed to protect against reef damage which were not used in previous beach renourishment projects, will be used in the pending beach nourishment project, and detailed documentation of these improvements have been provided to the Town of Golden Beach; and 2 WHEREAS, an engineering study conducted by the coastal engineering firm Coastal Technology, Inc., specifically to evaluate the effect of dredging sand from the offshore borrow site to the shoreline of the Town of Golden Beach, showed conclusively that there would be no measurable increase in wave energy striking the Town's shoreline as a result of removing sand, and that the renourishment project would, in fact, reduce the impact of future storms on the Town's beaches; and WHEREAS, no other sources of sand are available to renourish the beaches in Miami Beach from other offshore sources, upland areas, or the Bahamas; and WHEREAS, federal funds in excess of $7.0 million authorized for Hurricane Andrew rehabilitation ofthe beaches will be lost with ongoing delays in project implementation; and WHEREAS, continued erosion of areas targeted for renourishment within the City of Miami Beach will also eliminate, or decrease the quantity and quality of suitable nesting areas for four species of endangered or threatened sea turtles. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission of the City of Miami Beach hereby urge the Town of Golden Beach and the other party plaintiffs in Town of Golden Beach et at. v. District Engineer. U.S. Army Cows of Engineers. etc. to cease and desist from continuing with this litigation and to cooperate with the Army Corps of Engineers and Metropolitan Dade County in implementing an immediate plan for the renourishment of the beaches within the City of Miami Beach. AND BE IT FURTHER RESOLVED that copies of this Resolution be provided to the U.S. Army Corps of Engineers, Metropolitan Dade County, Florida, the Trustees of the Internal 3 Improvement Fund of the State of Florida, the Dade Delegation to Tallahassee and its Congressional Delegation, and all legal counsel for the respective parties in order that all parties to the litigation and the public in general be apprised of the critical nature ofthe problem facing the City and other coastal areas south of the Town of Golden Beach. PASSED and ADOPTED this 7th ATTEST: J<,o~~ flkc..k CITY CLERK DJT: kw\c :wpwin60\resos\bchrenou. res 4 day of MA YOR FORM APPRO'I,r-u ~i~J' By -- Date .!jJ./tJ6 OFFICE OF THE CITY ATTORNEY ~ tlJIdom; 1I<<uA F L o R o A MURRAY H. DUBBIN City Attorney Telephone: T elecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. -J ?v - g to DATE: FEBRUARY 7,1996 SUBJECT: MA YOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION MURRAY DUBBIN I h (; ,. /I ~ CITY ATTORNEY1){ ~ JOSE GARCIA-PEDROSA !hI CITY MANAGER fI TOWN OF GOLDEN BEACH. BIODIVERSITY ASSOCIATES. THE AMERICAN LITTORAL SOCIETY. INC.. RICHARD JACKSON. AND DONALD J. DUERR V. DISTRICT ENGINEER. U.S. ARMY CORPS OF ENGINEERS. U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 94-1816-CIV-UNGARO-BENAGES TO: FROM: Pursuant to the request of Commissioner David Pearlson, the attached Resolution is submitted for your consideration. This Resolution urges the Town of Golden Beach and the other party plaintiffs in the above-referenced case to dismiss their action and to cooperate with efforts to proceed with the beach renourishment project which was halted due to the injunction imposed by the federal court. DJT:kw c:wpwin60\resos\bchrenou.mem AGENDA ITEM R~b 2-7-Cj0 DATE 1700 Convention Center Drive - Fourth Fl~r - Miami Beach, Florida 33139