HomeMy Public PortalAbout2015-07 Initiating FS Chapter 164 conflict resolution proceedingsRESOLUTION NO. 2015-7
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA INITIATING F.S.
CHAPTER 164 CONFLICT RESOLUTION PROCEEDINGS;
AUTHORIZING THE VILLAGE MANAGER AND VILLAGE
SPECIAL COUNSEL TO IMPLEMENT SAID PROCESS;
PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne, Village Council has various objections to certain
development activity proposed by the City of Miami (the "City") for a portion of Virginia Key
known as "Marine Stadium;" and
WHEREAS, on January 27, 2015 the Village Council passed and adopted Resolution No.
2015-4 authorizing the commencement of legal action against the City to enjoin the proposed
development activity by the City; and
WHEREAS, on February 6, 2015 the Village of Key Biscayne filed court proceedings
against the City, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County,
seeking judicial relief related to the proposed development activity by the City; and
WHEREAS, it is the intent of the Village Council to attempt to resolve its disputes with the
City through good faith negotiations, and the initiation of conflict resolution procedures provided
for in Chapter 164 of the Florida Statutes, prior to prosecuting action on the previously filed court
proceeding and has engaged special counsel to assist in this effort.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above are hereby adopted
and confirmed.
Section 2. Conflict Resolution and Implementation. The Village Council hereby
directs its special counsel and Village Manager to take all appropriate steps to invoke the conflict
resolution process provided for in Chapter 164 of the Florida Statutes, while preserving and vesting
all of the Village's rights at law and in equity. The Village Manager and special counsel are hereby
authorized and directed to take all steps necessary and appropriate to implement the terms of this
resolution and to use all appropriate discretion in such implementation.
Section 3. Conflicts. To the extent that anything therein conflicts with any directions
related to Chapter 164 within Resolution No. 2015-4, this resolution shall prevail.
Section 4. Effective Date. This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 9th day of February, 2015.
MA
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CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE ATT EY
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MAYRA PENA LIND Y