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94-21439 RESO RESOLUTION NO. 94-21439 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA REQUESTING GOVERNOR LAWTON CHILES OF THE STATE OF FLORIDA TO DECLARE A STATE OF EMERGENCY WITH RESPECT TO BEACH EROSION AND HURRICANE SURGE DAMAGE BETWEEN GOVERNMENT CUT AND BAKER IS HAULOVER INLET AND TO TAKE ALL NECESSARY MEASURES TO IMMEDIATELY ADDRESS AND RESTORE THE AFFECTED BEACHES. WHEREAS, the beaches of the City of Miami Beach are an important natural resource and attraction to the tourist, fashion and film industries and are significant to the economy of the City of Miami Beach and to Metropolitan Dade County in which approximately 230,000 households rely on income generated by the tourism industry; and WHEREAS, a project to renourish beaches between Government Cut and Haulover Inlet was initiated by the United states Army Corps of Engineers in conjunction with Dade County, but was enjoined as of September 22, 1994 by a federal court order in the case of Town of Golden Beach. et al. v. District Engineer. U.S. Army of Corps of Engineers. et al., U.S. District Court for the Southern District of Florida, Case No. 94-1B16-CIV-UNGARO-BENAGES due to findings that the Army Corps of Engineers did not comply with National Environmental Policy Act (NEPA) requirements relating to notice and environmental assessment studies; 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 beach front between 34th and 47th streets on Miami Beach, but at the time that the injunction was imposed, only approximately 25% of the project had been completed; and WHEREAS, the Army Corps of Engineers has advised that they will attempt to comply with NEPA requirements and request a lifting of the inj unction by May, 1995, but that due to the rebidding procedures to be followed with regard to completing the work assuming the injunction is lifted, the project may not be resumed until after the beginning of the 1995 hurricane season; and WHEREAS, due to the subsequent impact of Tropical storm Gordon along the coastline of Southern Florida, including the beaches along the city limits of Miami Beach, beach erosion damage has occurred resulting in the loss of beach front which has required the closing of portions of boardwalk in the city of Miami Beach and has placed private and public property in jeopardy; and WHEREAS, the risk of further erosion and possible hurricane surge damage to the beaches in the upcoming hurricane season poses a serious threat to public health, safety, and property. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: The Mayor and City Commission of the City of Miami Beach respectfully request that Governor Lawton Chiles of the State of Florida issue an Executive Order declaring a state of emergency with respect to the condition of the beaches in South Florida and direct that all State agencies involved in the process to ensure beach renourishment conduct and expedite all necessary studies and procedures with respect to providing beach renourishment as planned, or to immediately investigate and initiate alternate methods of beach renourishment, and to call upon the Federal Government to assist in this effort. PASSED and ADOPTED THIS ATTEST: ~--7 '. ,..., ,/ 1 u-t,().-J c_ r I'd-"-v'lvv---- CITY CLERK FORM APP~OVED ~', LEGAL DEPAR E~T / / " By: ,,~ ~4-Z< ? / ;:J/;'f' ) ~lLf 1/1 Date: dJt\c:\wpSl\resolutl\beachero.gov ~ OFFICE OF THE CITY ATTORNEY ~ rlJIdmni llmm F L o R o A CITY ATTORNEY POBOX 0 MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE (305) 673-7470 TELECOPY (3051673-7002 lAURENCE FEINGOLD COMMISSION MEMORANDUM NO:-3 (~ l-qt( DATE: DECEMBER 21, 1994 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON ".........., ,~ LAURENCE FEINGOLD CITY ATTORNEY ~~~ FROM: SUBJECT: _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH REQUESTING GOVERNOR LAWTON CHILES TO DECLARE A STATE OF EMERGENCY WITH RESPECT TO BEACH RENOURISHMENT At the request of Commissioner David Pearlson, the attached Resolution requesting Governor Lawton Chiles to issue an Executive Order declaring a state of emergency with respect to beach renourishment is submitted for your consideration. This resolution is submitted in response to the emergency situation created by a) a federal court injunction which has halted efforts by the Army Corps of Engineers to proceed with a beach renourishment plan in the city of Miami Beach, b) erosion damage resulting from the subsequent impact of Tropical storm Gordon which has left the beaches vulnerable to further erosion and to damage to properties along the beachfront, and c) the serious threat of adverse impacts upon the tourism, fashion, and film industries due to the erosion of City beaches. (Requested by Commissioner Pearlson) AGENDA ITEM R-l- H , 1 J- - 2l::-9- ~ c:\wp51\commmemo\beachero.gov DATE 1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139