HomeMy WebLinkAboutO-11908J-00-270
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ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 2/ARTICLE V OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS
OF INTEREST", TO ALLOW EMPLOYEES OF THE CITY
OF MIAMI TO PARTICIPATE IN THE VARIOUS
AFFORDABLE HOUSING PROGRAMS ADMINISTERED BY
THE CITY OF MIAMI THROUGH THE HOME INVESTMENT
PARTNERSHIP PROGRAM AND STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM WITHOUT
SEEKING A WAIVER THEREFOR, SUBJECT TO SAID
EMPLOYEE MEETING CERTAIN CRITERIA; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 11755, adopted February 9, 1999,
amended Section•2-612 of the Code of the City of Miami, Florida,
as amended, ("Code") to remove the waiver requirement for city
employees wishing to participate in the Community Development
Block Grant assisted single family rehabilitation loan program,
subject to the employee meeting certain criteria; and
WHEREAS, Resolution No. 99-429, adopted June 22, 1999, the
City Commission approved and adopted the City's Five -Year
Consolidated Plan (1999-2004) which establishes a unified vision
and an opportunity for the City of Miami to shape its various
Community Development programs into effective and coordinated
strategies for the revitalization of its distressed
neighborhoods; and
WHEREAS, one of the key strategies identified in the City's
Five Year Consolidated Plan emphasizes the establishment of
various affordable housing programs which are designed to
encourage City employees to reside in the City; and
WHEREAS, Resolution No. 99-705, adopted September 28, 1999,
the City Commission approved and adopted the City's revised
Local Housing Assistance Plans for the period covering fiscal
years 1995-1998 and 1998-2001, which allowed the City to
establish several new housing programs designed to promote
neighborhood revitalization through the rehabilitation of single
family owner-occupied housing units and the provision of
financial incentives to City employees and middle income
families to reside in the City; and
WHEREAS, City of Miami employees wishing to participate in
the various affordable housing programs administered by the
Department of Community Development funded through the HOME
Investment Partnership Program and State Housing Initiatives
Partnership Program, are required, by the Code, to seek a
waiver, by Resolution, allowing them to do so; and
WHEREAS, the City Commission wishes to remove the waiver
requirement for City employees wishing to participate in the
above programs provided said employee meets certain
participation criteria as herein set forth; and
WHEREAS, to accomplish this, it is necessary to amend the
Code;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Page 2 of 5
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Chapter 2/Article V of the Code of the City
of Miami, Florida, as amended, entitled "ADMINISTRATION/CONFLICTS
OF INTEREST", is hereby amended in the following particulars:l/
"Chapter 2
ADMINISTRATION
ARTICLE V. Conflicts of Interest
Sec. 2-612. Transacting business with city;
appearances before city boards, etc.
(a) No person included 'in section 2-611 shall enter
into any contract or transact any business with the
city or any person or agency acting for the city, or
shall appear in representation of any third party
before any board, commission or agency of which such
person is a member. No employee shall appear in any
capacity on behalf of any third party before any board,
commission or agency of the city. Any such contract or
agreement entered into or appearance made in violation
of this section shall render the transaction voidable.
However this section shall not apply to an employee
participating in the Community Development Block Grant
assisted single family rehabilitation loan program and
the various affordable housing programs assisted
through the Home Investment Partnership Program and
State Housing Initiatives Partnership Program
administered by the department of community development
provided that the employee meets all criteria of the
program and provided that the City Manager approves the
participation of the employee and that the employee is
�i Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
11908
Page 3 of 5
identified as being an employee of the City of Miami in
applicable documents.
(b) The word "person" appearing in subsection (a) of
this section shall include officers, officials and
employees as set forth in section 2-611 hereof and the
following family members of such "person": spouse, son,
daughter, parent, brother or sister.
(c) The prohibition upon activity which is set forth
in subsections (a) and (b) of this section shall remain
in effect for a period of two years after the officer,
official, or employee has left city service or
terminated city employment.
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami, and upon the further grounds of the necessity to make
the required and necessary payments to its employees and
officers, payment of its debts, necessary and required purchases
of goods and materials ,and to generally carry on the functions
and duties of municipal affairs.
Section 6. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four-fifths of the members of the Commission.
Page 4 of 5
Section 7. This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED BY TITLE ONLY this 13th day of
April , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate apprcvai of
this, legislation by signing it in the designated lace provided, said iegisiati ,,rr. now
becomes effective with the Elapse of ten (10) d from the date of Com sion action
regarding same, without the Mayo i(exercigft veto. � `]�
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPRQVED TFO$AND CORRECTNESS
RO VILARELLO
ATTORNEY
861:RCL
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City Clerk
If the Mayor does not sign this Ordinance, it shall become effective at
the end of ten calendar days from the date it was passed and
adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission.
Page 5 of 5
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members
of the C' Commission
FROM: on H. Warshaw
City Manager
RECOMMENDATION:
DATE: MAR 2 8 2000 FILE:
SUBJECT: Emergency Ordinance Amending
Section 2-612 Conflict of Interest
Provision
REFERENCES:
City Commission Meeting of
ENCLOSURES: April 13, 2000
It is respectfully recommended that the City Commission adopt the attached Emergency
Ordinance which amends Section 2-612, Article V. of the City Code, to allow City of Miami
employees wishing to participate in the various affordable housing programs administered by the
City through the Home Investment Partnership (HOME) Program and State Housing Initiatives
Partnership (SHIP) Program, to participate without the necessity to seek a waiver of the
requirements set forth.in Section 2-612 of the City Code..
BACKGROUND:
Presently, the vast majority of city employees live outside of the City of Miami, thus
contributing to the tax base and local economy of other municipalities and county governments
in South Florida. In an effort to address this matter, one of the key housing strategies identified
in the City's Five Year Consolidated (1999 — 2004) Plan adopted by the City Commission in July
of 1999 through Resolution No. 99-429, encourages the need to provide financial incentives to
City employees to relocate in the City. The establishment of affordable homeownership
programs designed to provide financial incentives to City employees to reside in the City will
further contribute to increasing the tax base and aid the City in finding long term solutions to
restoring Miami's fiscal and financial health.
At its meeting of September 28, 1999, the City Commission, through the adoption of Resolution
No. 99-705, approved the City's modified Local Housing Assistance Plan in connection with the
implementation of the SHIP Program. The modified Plan has resulted in the expansion of a
number of affordable housing assistance programs available to very low, low and moderate
income families residing in the City.
Two (2) of the new programs include the First -Time Homebuyers Financing Program and the
Single Family Rehabilitation Program. The First Time Homebuyer's Financing Program
. : 1 t
The Honorable Mayor, and
Members of the City Commission
Page 2
provides down payment, mortgage buy down or, closing cost assistance.to qualified very
low, low and moderate ,income households, to assist in the purchase of a newly
constructed or existing residential properties within the corporate limits of the City.. The
Single Family Rehabilitation Program provides rehabilitation assistance to very, low, low
and moderate 'households. that currentlyoccupy and maintain their homes as their
principal residence. A maximum of up to -$40,000, in financial assistance is available to
eligible households through both programs.
In February of .1999, the' City Commission adopted Ordinance No.. 1,1755, which
amended Section 2-612, Article V. of the City`Code, thereby affording City employees
wishing to participate in the City's CDBG assisted Single Family Rehabilitation Loan
Program administered by the Department of Community .Development to participate in
the above mentioned program without seeking a waiver by resolution as. previously
required by the City Code.. However, the adoption of Ordinance No. 11755 does not
afford City employees wishing to participate in any of the other affordable housing
programs administered by the Department of Community Development funded through
the State Housing Initiatives Partnership Program and Home Investment Partnership
Program.
Adoption of the attached Emergency Ordinance would allow city employees wishingto
participate in the aforementioned housing programs to receive: financial assistance from
the City without the need to seek a waiver of the -requirements set forth in Section 2-612
of the City Code. This ;agenda item is being presented as an Emergency Ordinance in
order to enable several city employees to consummate the pending purchase of a home in
the City within -the next thirty (30) days.,`
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CITY
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11908
in the............KXXXX...................... Court,
was published in said newspaper in the issues of
Apr 19, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
Cou lorida, for a period of one year next preceding the
firs publr atlon of the attached copy of advertisement; and
affi 11 fur her says that she has neither paid nor promised
any%oersfn, firm or c poration any discount, rebate, com-
sXon,6r refund fore pu pose of securing this advertise-
ment publication the said newspaper. A e
iii'- --..._..- -
Sworn to n s ibed Wore me this
1 Apr 2000
...yo --)t
f.. ..... ......... ... A.D.........
,atr'ey;�, MARIA I. MESA
(SEAL) ' ' MY COMMISSION 4 CC 885540
Sookie Williams personally k ' ' EXPIRES: March 4, 2004
%rte u6 n4p' Bonded Thru Notary Pubkc Underwriters
CITY OF MIAMI, FLORIDA
-
40TICE OF PROPOSED ORDINANCES
All interested persons will take notice that on the 13th of April, 2000, the
City Commission of Miami„ Florida adopted the following titled ordinances:
ORDINANCE. O 1
AN- EMERGENCY ORDINANCE,i��Vll CITY COM-. _
-MISSION AMENDING CHAPTER 2/ARTICLE V - OF THE CODE "
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/CONFLICTS OF INTEREST TO ALLOW
_EMPL'OYEES OF.THE CITY. OF MIAMI TO PARTICIPATE IN,
THE VARIOUS AFFORDABLE HOUSING PROGRAMS AD=
MINISTERED BY THE CITY OF-MIAMI:THROUGH THE HOME
INVESTMENT "PARTNERSHIP PROGRAM. AND —STATE
HOUSING. INITIATIVES .PARTNERSHIP PROGRAM WITH-
OUT -SEEKING A WAIVER THEREFOR, SUBJECT TO SAID
EMPLOYEE MEETING CERTAIN CRITERIA: CONTAINING A
REPEALER. PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE:_ .
ORDINANCE NO. 11909
'AN EMERGENCY ORDINANCE OF THE MIAMLCITY COM-
.MISSIONAMENDING SECTION 5 OF ORDINANCE NO.
11705, ADOPTED SEPTEMBER 28,19Q,8, AS AMENDED; RE-
VISING PREVIOUSLY APPROVED CAPITAL IMPROVEMENT
`PROJECTS; AND ESTABLISHING NEW CAPITAL IMPROVE-
MENT PROJECTS TO BEGIN DURING FY 2000; CONTAINING .
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 11910
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB
LISHING A SPECIAL�REVENUE FUND -ENTITLED: "CALI EN-
FORCEMENT GROUP -INITIATIVE," BY -ESTABLISHING INI•
TIAL RESOURCES AND APPROPRIATIONS AND"AUTHOR-
IZING EXPENDITURES FOR THE OPERATION OF SAME, IN
A TOTAL AMOUNT OF $51,1.43, CONSISTING OF A GRANT
FROM THE MONROEJCOUNTY„ SHERIFF'S OFFICE; AU-
THORIZING THE CITY MANAGER TO -ACCEPT SAID"GRANT .
_AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR'THIS
PURPOSE; CONTAINING A.REPEALER PROVISION. AND A
SEVERABILITY CLAUSE. y
'ORDINANCE NO. 11911—
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING-ORDINANCE
MEND-ING ORDINANCE NO. 11286, ADOPTED .MAY 24TH, .1995,
WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR A,SPECIAL ;REVENUE FUND ENTI-
TLED "TRAINING/,ENTREPRENEURIAL FUND" AUTHORIZ- .
ING. THE APPROPRIATION OF AN ADDITIONAL $100,000, , .
;.,REVENUE PRODUCED._ ,BY ---:THE.. TRAINING/"
ENTREPRENEURIAL 'ACTIVITY; FURTHER AUTHORIZING. -
THE POLICE.DEPARTMENT TO ACCEPT MONIES FROM PO_
LICE TRAINING ACTIVITIES TO BE DEPOSITED IN THE SPE-
CIAL REVENUE FUND AND EXPEND.THE MONIES FOR THE
PRODUCTION AND -DEVELOPMENT OF LAW ENFORCE-
MENT TRAINING SEMINARS, COURSES AND FOR RELATED
EQUIPMENT, CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 11912 I!
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB-
LISHING A. NEW SPECIAL rREVENUE FUND, ENTITLED:.
"MIAMI-DADE COUNTY.EMS GRANT AWARD (FY '99-00)",
AND APPROPRIATING FUNDS FOR THE .OPERATION OF
SAME IN THE AMOUNT OF $116,857'10 CONSISTING OF A
GRANT APPORTIONED BY MIAMI-DADE COUNTY FROM
THE STATE, OF FLORIDA DEPARTMENT OF' HEALTH
"GRANT PROGRAM FOR COUNTIES"; AUTHORIZING THE
CITY MANAGER TO ACCEPT SAID -GRANT AWARD AND TO .
EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM AC-
CEPTABLE TO THE CITY ATTORNEY", FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND A SEVERABILl-
TY CLAUSE..
T ORDINANCE'NO: 11913
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND:
ING CHAPTER 38/ARTICLE t, OF THE CODE OF THE CITY OF - j
MIAMI, FLORIDA, AS AMENDED, -ENTITLED.-"PARKS AND
RECREATION/IN, GENERAL TO ESTABLISH A RENTAL ,
RATE FOR NON-PROFIT ORGANIZATIONS SPONSORING-
FOUR.OR MORE EVENTS DURING ONE-FISCAI,YEAR AT.
i. THE MANUEL ART] ME.COMMUNITY-CENTER; MORE -PAR='
TICULARLY BY -AMENDING SECTION 38-8"OF'SAID CODE;
CONTAINING A REPEALER P_ROVISION'AND A SEVERABILI-
TY CLAUSE; AND PROVIDING FOR -AN EFFECTIVE DATE.
ORDINANCE NO: 11914 -
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB-
LISHING -A NEW SPECIAL -REVENUE FUND :ENTITLED:
"FEMA/USAR GRANT AWARD'(FY 2000)",.AND-APPROPRI-
ATING FUNDS FOR THE OPERATION OF -SAME IN THE
AMOUNT OF $150,000 CONSISTING OF. A GRANT. ALLOCAT-
! ED BY%THE FEDERAL EMERGENCY MANAGEMENT AGEN
CY',FOR THE PURCHASE OF EQUIPMENT; TRAINING, MAN='
AGEMENT, AND ADMINISTRATION OF THE SOUTH FLORI-
DA UR13AN
LORI-DA"URBAN SEARCH AND RESCUE PROGRAW AUTHORIZ-.
ING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD i
i AND TO EXECUTE THE -NECESSARY DOCUMENTS, IN A' ' it
FORM ACCEPTABLE TO THE- CITY' ATTORNEY, FOR SAID
PURPOSE; CONTAINING N REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 11915 =.>
AN,ORDINANCE OF THE MIAMI.CITY COMMISSION AMEND
{ ING CHAPTER 2/ARTICLE XI/DIVISION 1 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA,-AS'AMENDED, ENTITLED )
4 "ADMINISTRATION/BOARDS,' COMMITTEES,_ COMMIS -y_1
SIONS/GENERALLY" TO: SET FORTH AND DELINEATE THE
SPECIFIC SERVICES PROVIDED BY THE; OFFICE OF THE . i
CITY CLERK TO INDIVIDUAL BOARDS; COMMITTEES AND If
COMMISSIONS ("BOARDS"),- PROVIDE FOR THE ASSIGN-
MENT TO THE SPECIFIC CATEGORIES FOR SAID BOARDS
BY RESOLUTION OF THE CITY COMMISSION, REQUIRE )
THAT A PORTION OF REVENUES GENERATED BY -REVE-
NUE-PRODUCING BOARDS BE DEDICATED TO THE GEN-
ERAL OPERATING BUDGET OF THE OFFICE OF THE CITY
CLERK TO DEFRAY OPERATIONAL EXPENSES FOR THE
-PROVISION OF ADMINISTRATIVE SUPPORT TO BOARDS,
` AND PROVIDE A DEFINITION FOR "REVENUE-PRODUCING
BOARDS"; MORE PARTICULARLYBY ADDING NEW SEC-'
TIONS 2-861 THROUGH 2-862 TO SAID CODE; ESTABLISH-
-ING A SPECIAL REVENUE FUND ENTITLED "OFFICE OF THE i
CITY CLERK/BOARDS AND COMMITTEES, -ADMINISTRA-
TIVE SUPPORT," AND APPROPRIATING FUNDS, 'IN THE
.AMOUNT OF $75,000„TO FUND SAID OPERATING EXPENS:
ES; CONTAINING A -REPEALER PROVISION AND A SEVERA-
BILITY CLAUSE.
ORDINANCE NO. 11916' 1
AN ORDINANCE AMENDING ORDINANCE 11000, AS
`AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIA-
MI, BY AMENDING ARTICLE 4'. -SECTION 401, AND ARTICLE'.-
9
RTICLE'-
9 SECTION 937, 1N ORDER TO ELIMINATE ADULT ENTER-
TAINMENT ESTABLISHMENTS•FROM THE C-2 ZONING DIS-
FRICT AND TO MODIFY' DISTANCE SEPARATION REGULA-
TIONS PERTAINING'TO,ADUL'T ENTERTAINMENT ESTA6-
` LISHMENTS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY' CLAUSE ANO PROVIDING FOR AN EFFEC
`TIVE'DATE.
'',ORDINANCE NO. 11917 " t
AN ORDINANCE=OF THE MIAMI CITY COMMISSION,AMEND-
ING-CHAPTER 4/ARTICLE I, OF THE CODE OF THE CITY OF
MIAMI;; FLORIDA, AS AMENDED, 'ENTITLED "ALCOHOLIC
BEVERAGES," TO ESTABLISH'"ENTERTAINMENTSPECIAL-
TY DISTRICTS` WITH IN=THE-DOWNTOWN' AREA; AND TO
ESTABLISH CRITERIA FOR APPLICATION WITHIN'SAID DIS-' '
TRICTS, MORE PARTICULARLY BY AMENDING SECTIONS
4-2-AND4-11;CONTAINING'A'REPEALER'PROVISION AND A
SEVERABILITY'CLAUSE=AND PROVIDING -FOR AN'EFFEC-
-TIVE DATE`:
Said` proposed ordinances 66y.be inspected by,the public at the Office
of'1he .City Clerk„3500 Pan American Drive,' Miami Florida, Monday
through Friday; excluding holidays between.'the hours of 8 a.m. and
Spm: .
All=interested persons may appear at'the meeting and maybe heard
with respect to the-proposed'ordinances. Should any person desire -to ap=
pear any decision of the'CityCo'r-hmission"with respect td,any matter to be;
considered at this,meeting that"person'shall ensure that a verbatim
record of the proceedings is made including all testimony and evidence
upon which any'appeal may be:based:
..
r= xt WALTER, J.: FOEMAN
CITY CLERK:v-
o
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w (#8254) _`_ , 00-4-40/45272M
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