Miami-Dade Legislative Item
File Number: 122534
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File Number: 122534 File Type: Resolution Status: Adopted
Version: 0 Reference: R-31-13 Control: Board of County Commissioners
File Name: MOU RE: SFWMD, CITY OF WEST MIAMI, MIA, MDC AND SWEETWATER Introduced: 12/27/2012
Requester: Public Works & Waste Management Cost: Final Action: 1/23/2013
Agenda Date: 1/23/2013 Agenda Item Number: 8L4
Notes: TLL- 12/27/12 Title: RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI-DADE COUNTY, THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, THE CITY OF MIAMI, THE CITY OF WEST MIAMI, AND THE CITY OF SWEETWATER DEFINING THE OPERATION OF MAIN PUMP STATIONS DISCHARGING INTO THE C-4 CANAL; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE THE PROVISIONS THEREIN
Indexes: NONE
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 1/23/2013 8L4 Adopted P

Regional Transportation Committee 1/14/2013 3E Forwarded to the BCC by the BCC Chairperson with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing proposed resolution into the record. Hearing no comments or questions, the Committee members proceeded to vote on the foregoing proposed resolution, as presented. Chairman Barreiro asked Deputy Mayor/County Manager Alina Hudak to prepare an appropriate memorandum asking Chairwoman Sosa to waive the Board's rules and procedures to allow this resolution to be heard at the January 23, 2013 meeting.

County Attorney 12/28/2012 Assigned Hugo Benitez 12/3/2013

County Mayor 12/27/2012 Assigned County Attorney 2/5/2013
REPORT: PWWM (ASST. COUNTY ATTY: HUGO BENITEZ) (PENDING CMTE ASSIGNMENT) (BCC SPONSOR: CMSR DIAZ)

County Mayor 12/27/2012 Assigned Alina Tejeda-Hudak 12/27/2012 12/27/2012

Legislative Text


TITLE
RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI-DADE COUNTY, THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, THE CITY OF MIAMI, THE CITY OF WEST MIAMI, AND THE CITY OF SWEETWATER DEFINING THE OPERATION OF MAIN PUMP STATIONS DISCHARGING INTO THE C-4 CANAL; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE THE PROVISIONS THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, the South Florida Water Management District has adopted the C-4 Basin Operating Plan for discharges into the C-4 Canal and desires to enter into a Memorandum of Understanding with Miami-Dade County, the City of Miami, the City of West Miami, and the City of Sweetwater; and

WHEREAS, this agreement shall be effective for a period of ten (10) years beginning on the last date of execution of this agreement by all parties,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the execution of a Memorandum of Understanding between Miami-Dade County the South Florida Water Management District, the City of Miami, the City of West Miami, and the City of Sweetwater, defining the responsibilities for cooperation in the operation of main pump stations discharging into the C-4 Canal, in substantially the form attached hereto and made a part hereof; and authorizing the County Mayor or County Mayor’s designee to execute same for and on behalf of Miami-Dade County and to exercise the provisions therein.

HEADER
Date:

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing the Execution of a Memorandum of Understanding between Miami-Dade County, the South Florida Water Management District, the City of Miami, the City of West Miami, and the City of Sweetwater Defining the Operation of Main Pump Stations Discharging into the C-4 Canal

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) approve the attached resolution authorizing the execution of a Memorandum of Understanding (MOU) between the South Florida Water Management District (SFWMD) and Miami-Dade County, the City of Miami, the City of West Miami, and the City of Sweetwater (collectively referred to as Local Governments) defining the operation of main pump stations discharging into the C-4 Canal; and authorizing the County Mayor or County Mayor’s designee to exercise the provisions therein.

SCOPE
The operation of these stormwater pump stations addresses flooding and adverse water quantity impacts in the geographic area of the Local Governments, C-4 Basin, and downstream areas. The pump stations operated by the County affected by this MOU are located at SW 6 Street/SW 127 Avenue and SW 122 Avenue/Walsh Boulevard, in Commission District 12.

FISCAL IMPACT/FUNDING SOURCE
The execution of this MOU will not have a fiscal impact to the County.

TRACK RECORD/MONITOR
The Project Manager responsible for management and maintenance of the County’s stormwater pump stations is Manuel Garcia, Chief, Road, Bridge, Canal and Mosquito Control Division, Miami-Dade County Public Works and Waste Management Department (PWWM).

BODY
BACKGROUND
Miami-Dade County is the applicant of Environmental Resource Permit Application No. 060525-24, which requests authorization to construct and operate a surface water management system, including pump discharge to the C-4 Canal. The Cities of Miami, West Miami, and Sweetwater have also requested authorization to construct and operate surface water management systems including pump discharge to the C-4 Canal. Consequently, the SFWMD adopted the C-4 Basin Operating Plan.

The purpose of this MOU is to define responsibilities among the parties in order to reduce potential flooding and adverse water quantity impacts within the geographic area of the Local Governments, C-4 Basin, and downstream areas. It 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. Included in the MOU is the acknowledgement that operation of the stormwater pumps may result in adverse flood impacts to property owners within the basin. The conveyance capacity of the C-4 Canal is limited and may not be able to accept the full combined flow of the stormwater pumps during heavy rainfall/flooding conditions. Therefore, by executing the MOU, Local Governments agree to coordinate the operation of each pump station so as to comply with the C-4 Basin Operating Plan to the extent possible.

In the event that the SFWMD determines that an emergency exists within its geographic jurisdiction, its Executive Director shall issue an emergency order which describes the conditions that are causing the emergency, and the corrective action necessary to minimize or abate the emergency condition, including requiring Local Governments to shut off the stormwater pump stations provided within this MOU. Actions pursuant to the SFWMD’s emergency authority will supersede this MOU.

This agreement shall be effective for a period of ten (10) years beginning on the last date of execution of this agreement by all parties. The parties shall have an option to renew for another ten (10) year period effective upon mutual written consent of all parties. In order to expedite this MOU, the SFWMD has asked the County to ratify the agreement without prior approval from the Cities. The SFWMD is working with the Cities to concurrently approve the agreement though their governing boards.



__________________________
Alina T. Hudak
Deputy Mayor



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