Miami Special Utility Authority (MSUA) Packets

CITY COUNCIL AUTHORITY ACTION/DECISION REQUEST CITY COUNCIL August 19, 2025 MEETING DATE: AGENDA TITLE: *Action Item* Resolution No. MSUA2025-XX Amending Right-of- Way Excavation Requirements BACKGROUND: As the City of Miami and Miami Special Utility Authority continue to look for ways to maintain and improve infrastructure, Healy Law Offices worked with staff to draft an ordinance that addresses some concerns with excavation of City right-of-way. This amendment to the ordinance will provide further clarification and restrictions on the construction above or around, cutting into and boring under such city property. STAFFS RECOMMENDATION: Approve Resolution No. MSUA2025-XX amending right-of-way excavation requirements Proposed Motion: I move to approve Resolution No. MSUA2025-XX amending right-of-way excavation requirements PRESENTER(S): Tyler Cline  MIAMI SPECIAL UTILITIES AUTHORITY RESOLUTION NO. 2025 – 06 A RESOLUTION OF THE CHAIRMAN AND BOARD OF TRUSTEES OF THE MIAMI SPECIAL UTILITY AUTHORITY (MSUA) ADOPTING AMENDED SECTION 21-26 (PERMIT) OF ARTICLE II (EXCAVATIONS) OF CHAPTER 21 (STREETS AND SIDEWALKS) OF THE CITY CODE OF ORDINANCES AS A RESOLUTION OF THE MIAMI SPECIAL UTILITY AUTHORITY; PROVIDING SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Declaration of Trust for the Miami Special Utility Authority (sometimes referred to as the MSUA) was enacted on the 15th day of December, 1980, thereby creating the Authority, with the City of Miami as the Beneficiary; and WHEREAS, Article III, Paragraph (b) of the Declaration of Trust provides that the MSUA, acting through the Board of Trustees, shall promote the development of industry and culture and industrial, manufacturing, cultural and educational activities within and without the territorial limits of the Beneficiary and to thereby provide industrial and cultural facilities and additional employment and activities which will benefit and strengthen culture and the economy of the Beneficiary and the State of Oklahoma; and WHEREAS, Article VII, Paragraph (e) of the Declaration of Trust provides that the Board of Trustees of the MSUA have the specific enumerated powers to contract for the furnishing of services or the performance of any duties that the Trustees deem necessary, proper or convenient to the execution of the purposes of the Trust, and shall pay for the same as they see fit to provide in such a contract; and WHEREAS, Title 11, Oklahoma Statutes, Sections 36-101 and 107 authorize a municipality to regulate and control the use of streets, roads, alleys, sidewalks and walkways and other public ways within the limits of the municipality; make all necessary utility connections whenever the public necessity may require such improvements; prohibit and prevent all encroachments into and upon the sidewalks, streets, avenues, alleys and other property of the municipality; and regulate all other excavations through and under the sidewalks, or along any streets of the municipality; and WHEREAS, Section 21-26 was enacted and was originally codified in 1964 as Section 22-1 of the City of Miami Code of Ordinances and required a permit to dig or cut into streets, roads, alleys and sidewalks; and WHEREAS, the former Section was subsequently re-codified as Section 21-26; and WHEREAS, having continuing difficulties with damages to city streets, roads, alleys, and sidewalks, damage to underground and above ground utilities, as well as damage to city and private property adjoining same, Beneficiary City Council further clarified and restricted the construction above or around, cutting into and boring under such city property by amending Section 21-26 (Permits) of Article II (Excavations) of Chapter 21 (Streets and Sidewalks) of the City of Miami Code of Ordinances; and Page 1 of 2  WHEREAS, the Miami Special Utility Authority desires to adopt the Beneficiary’s amendments to Section 21-16 (Permit) of Article II (Excavations) of Chapter 21 (Streets and Sidewalks) of the City Code of Ordinances as a Resolution of the MSUA. NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI SPECIAL UTILITY AUTHORITY AS FOLLOWS: 1. The Miami Special Utility Authority desires to adopt the Beneficiary’s amendments to Section 21- 16 (Permit) of Article II (Excavations) of Chapter 21 (Streets and Sidewalks) of the City Code of Ordinances as a Resolution of the MSUA as if set out in full herein below; and 2. This Resolution may be revoked or amended at any time by vote of a majority of a quorum of the Miami Special Utility Authority at a regular or special meeting, but such revocation or amendment shall not impair the validity of claims approval, claims payment or execution of contract(s) for performances and/or professional services made previously in compliance herewith. 3. Any prior actions taken by the General Manager of the Miami Special Utility Authority that are otherwise in conformity with the provisions of this Resolution are hereby approved, adopted and ratified by the Miami Special Utility Authority. PASSED AND APPROVED this ___ day of August, 2025. Bless Parker, Chairman [SEAL] ATTEST: APPROVED: Melissa Moore, City Clerk Misty Barnes, Trust Attorney Page 2 of 2