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:
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CITY CLERK
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OFFICE OF THE CITY ATTORNEY
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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
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LAURENCE FEINGOLD
CITY ATTORNEY
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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
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DATE
1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139