HomeMy Public PortalAbout2015-13 Authorizing the Village Special Counsel to pursue emergency injunctive reliefRESOLUTION NO. 2015-13
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA FINDING THAT
SIGNIFICANT LEGAL RIGHTS WILL BE COMPROMISED
IF A COURT PROCEEDING DOES NOT TAKE PLACE
PRIOR TO EXHAUSTING THE CONFLICT RESOLUTION
PROCEDURES OF F.S. CHAPTER 164 CONFLICT
RESOLUTION PROCEEDINGS; AUTHORIZING THE
VILLAGE SPECIAL COUNSEL TO PURSUE EMERGENCY
INJUNCTIVE RELIEF; 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, on February 9, 2015 the Village Council passed and adopted Resolution 2015-7
initiating conflict resolution procedures provided for in Chapter 164 of the Florida Statutes
("Conflict Resolution Proceedings") and has engaged special counsel to assist in this effort; and
WHEREAS, the Village Council is currently making a good faith effort to resolve the
conflict with the City pursuant to the Conflict Resolution Proceedings; and
WHEREAS, on February 10, 2015 the City held a groundbreaking ceremony at the Marine
Stadium, posted construction signs, and commenced construction work at Marine Stadium; and
WHEREAS, despite the City's participation in the Conflict Resolution Proceedings, the City
has not ceased development of Marine Stadium pending exhaustion of the statutorily -mandated
Conflict Resolution Proceedings and is actively seeking improper development of the Marine
Stadium; and
WHEREAS, it is the intent of the Village Council to preserve the status quo at the Marine
Stadium during the resolution of this conflict; and
WHEREAS, the Village Council finds that significant legal rights will be compromised if
a court proceeding does not take place, before the provisions of the Conflict Resolution Proceedings
are exhausted, to enjoin the City from further construction at Marine Stadium.
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 to take all appropriate steps to preserve the status quo and seek emergency
injunctive relief to enjoin development or construction at the Marine Stadium pending the
completion of 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, including professional judgment as to timing.
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Section 3. Conflicts. To the extent that anything herein conflicts with any directions
related to Chapter 164 within Resolution No. 2015-7, this resolution shall prevail.
Section 5. Effective Date. This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 19th day of March, 2015.
AT
HITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE ATT'OR'N
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