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HomeMy WebLinkAboutR-1977-238 RESOLUTION NO . 238 A RESOLUTION WHEREBY CIT1 OF DANIA ASSUMES RESPONSIBILITY FOR UNDESIRABLE FILL DISPOSED OF BY AN AGENT OF THE CITY AT TWO LOCATIONS ON A TRACT, HEREINAFTER DESCRIBED, OWNED BY MARIA E. MIELE; AND PROVIDING A TIME SCHED- ULE FOR THE REMOVAL OF SUCH FILL; AND PROV- IDING THAT ALL RESOLUTIONS OR PART OF RESOL- UTIONS , IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS RESOLUTION SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION. WHEREAS, Maria E. Miele is the owner of the following tract (referred to hereinafter as the "Miele tract") situate, lying and being in Broward County, Florida, to-wit : West 2 of the Southwest 4 of the North- west 4 of Section 2, Township 51 South, Range 42 East, less and except the West 35 feet thereof, said lands situate , lying and being in Broward County , Florida ; ` and WHEREAS , Clarke Walden , Attorney at Law, Dania , Florida, "r represents Maria E. Miele ; and WHEREAS, the Southeastern corner of the Miele tract is located in proximity to the intersection of S . E . 7th Street (which is a through street to S . E. 5th Avenue) and S . E . 5th Avenue (which is also a through street) ; and WHEREAS, regardless of the existence of any dedicated easements or rights of way, there was no type of "open", "developed" or "through" street running in an Easterly direction, immediately parallel and South of the South line of the Miele tract except i for an old farm road; and i WHEREAS, City of Dania owns a 10-acre tract immediately to the East of the Miele tract which it (City of Dania) has intended I to develop as a public park; and i WHEREAS , until approximately mid-1976 , there was no adequate physical means of ingress and egress to the City of Dania park site except by use of vehicles such as swamp buggies and four-wheel trucks which would pass through the overgrown old farm road area ; and i i i WHEREAS , a general contractor -- evidently having a surplus of fill -- offered to fill in an old farm road immediately to the South of the Miele tract, running from S . E . 5th Avenue to the City of Dania park site (for the purpose of giving limited access to the park site) and offered to dump additional fill in the ten acres constituting the park site; and WHEREAS , the city agreed that such contractor could dump the fill along the route of the old farm road and on the ten acres constituting the park site; and WHEREAS , the actions of the city in permitting the general contractor to dispose of the fill , as aforesaid, caused the general contractor to become the agent of the city ; and WHEREAS , the fill provided by such general contractor was more in the nature of debris , salvage and wreckage and consisted of such materials as concrete and asphalt , rubble, tires and earth which had evidently been taken from demolition sites ; and WHEREAS , the city did not properly supervise the contractor w,t so that he disposed of such fill , admittedly of an undesirable quality, by dumping same along the old farm road and on the Miele tract adjacent to said road rather than on the city tract; and WHEREAS , the action of the contractor has resulted in charges being made by the Department of Army, Corps of Engineers , that Maria E. Miele , as a property owner, is in violation of the Federal Water Pollution Control Act concerning "wet lands" which can `. produce a penalty of $10 , 000 . 00 per day ; and WHEREAS, there are two areas on the Miele tract (one immediately to the East of S . E . 5th Avenue where the fill has been dumped from S . E. 5th Avenue by parties unknown and another adjacent to the old farm road along the South side of the Miele tract where the City ' s contractor dumped the subject fill) ; and WHEREAS, Maria E . Miele has made demand that the City remove such fill to the satisfaction of the Corps of Engineers ; and I -2- i i WHEREAS , the city recognizes that it is responsible for the acts of its agent ; and WHEREAS, the city wishes to avoid litigation with Maria E. Miele concerning the matter, NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That City of Dania acknowledges that it has been furnished with a copy of the cease and desist order dated April 11 , 1977 , furnished to Maria E . Miele by the Corps of Engineers , which said order describes in greater detail the un- desirable fill which has been placed on the Miele tract . Section 2. That City of Dania hereby agrees to assume the full and complete responsibility of removing all fill , rubbish and debris disposed of at the aforesaid site on the Miele property which is adjacent to the old farm road along the south side of the Miele tract which covers approximately 72 acres thereof . Section 3. That City of Dania hereby commits itself, as an emergency item of business , to award a contract to remove such fill within twenty (20) days from date and to have the contractor agreeing to remove the fill undertake the commencement of removal �•� within forty (40) days from date or as soon thereafter as weather conditions permit . Section 4. That if Corps of Engineers does not agree to ~ the aforesaid time schedule , City of Dania shall cause an immediate special meeting of the city commission to be called to attempt to set earlier dates . Section 5. That the aforesaid fill shall be removed in accordance with the requirements of the Biologist and Inspector (Permits) , Corps of Engineers , and in accordance with earlier directives and specifications furnished to City of Dania by the Corps of Engineers . -3- i J i I � Section 6 . That all resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict . I Section 7. That this resolution shall be in force and i take effect immediately upon its passage and adoption . PASSED and ADOPTED this j � day of � I 1977. MAYOR - 'COMMI STONER ATTEST: �..��2 � cGE���' CITY CLERK - AUDITOR i i i I I I I j I i I I i I I I I { I 1 i I I i J -4- i