Resolution 78-15521 RESOLUTION NO. 78-15521
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH RESPECTFULLY REQUESTING
THE FEDERAL COURT FOR ITS EARLIEST POSSIBLE
RULING ON LITIGATION INVOLVING VIRGINIA KEY
SEWAGE DISPOSAL PLANT.
WHEREAS, the City of Miami Beach is a contracting party
with the Environmental Protection Agency of the Federal Government,
State of Florida, Metropolitan Dade County, and Metropolitan Dade
County Water and Sewer Authority, as successor of City of Miami
Water and Sewer Board, and
WHEREAS, there is now pending in the United States
District Court for the Southern District of Florida certain liti-
gation briefly entitled Rite - Research Improves The Environment,
Inc. vs. Douglas M. Costle, et al. , Case No. 76-1848-Civ-WMH,
involving issues as to whether the City of Miami Beach is manda-
torily and without discretion required, under federal law, to
' perform fully said contracts or whether it is authorized, under
the provisions of the Federal Water Pollution Control Act, to
utilize a proposed pilot project to demonstrate deep current
assimilation and recycling of sewage affluent from a residential
" community, as fully described and delineated in the Complaint
filed by said plaintiff, and
WHEREAS, the City Commission of the City of Miami Beach
is presently confronted with the necessity of determining whether
to accept bids and enter into further contracts totalling in
excess of Seven Million Dollars ($7 , 000, 000. 00) for the construc-
tion of sewage transmission lines from the City of Miami Beach
across Biscayne Bay and Fisher Island to the sewage disposal and
treatment plant being constructed on Virginia Key, and
WHEREAS, said decision and determination by the said
City Commission is required to be made by it under the most strin-
gent and mandatory time tables imposed by the Environmental Protec-
tion Agency of the Federal Government, the State of Florida and
the County of Dade, and
WHEREAS, the determination, ruling and judgment of the
Federal Court of the issues involved in the litigation hereinabove
referred to will constitute a substantial and material element in
the decision and determination of the City Commission of the City
of Miami Beach as to the entry into said contracts, and
WHEREAS, the issues involved in the said litigation have
generated considerable public interest and concern and it is not
the desire or intent of said City Commission to create a public
belief that it is not concerned with the outcome or results of
said litigation, and
WHEREAS, the City Commission of the City of Miami Beach
possesses the highest degree of respect and confidence in the
superlative judicial powers possessed by said Federal Court and
has no desire whatsoever even to appear to encroach in the slight-
est degree upon the high dignity and prerogatives of the Court or
to transcend the limits of propriety hereby;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Federal Court in
which the hereinabove described litigation is now pending be and
it is hereby respectfully requested to accord said litigation the
highest possible priority in reaching its decision and determination
consistent with the requirements of justice and due process of law
to all; and
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that this Resolution be transmitted
to the said Federal Court by the City Attorney forthwith, with
copies hereof to counsel for the parties to said litigation.
PASSED and ADOPTED this 4th day of January 1978 .
Mayor
Attest:
City Clerk
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
ORICINAL
RESOLUTION NO. 78-15521
(Requesting the Federal Court for its
earliest possible ruling on litigation
involving Virginia Key Sewage Disposal
Plant)