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HomeMy WebLinkAboutR-98-0148J-98-129 1 /27/98 RESOLUTION NO. 0 S I A 8 A RESOLUTION, WAIVING BY AN AFFIRMATIVE FOUR - FIFTHS (4/5THS) VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED IN SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS SUCH APPLIES TO ANITA M. NAJIY, WHO SERVES AS A CITY OF MIAMI POLICE OFFICER, IN RELATION TO HER ENTERING INTO A REVOCABLE LICENSE AGREEMENT WITH THE CITY FOR THE OPERATION OF A LAUNDROMAT AT THE CITY OWNED OVERTOWN SHOPPING CENTER, LOCATED AT 1490 NW 3RD AVENUE, SPACE 104, MIAMI, FLORIDA. WHEREAS, Anita M. Najiy is currently serving as a City of Miami police officer; and WHEREAS, Anita M. Najiy is seeking to enter into a Revocable License Agreement with the City for the purpose of occupying space 104 in the Overtown Shopping Center, located at 1490 NW 3rd Avenue, to provide coin laundromat services to the Overtown community; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF tR MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The waiver set forth in Section 3 hereof is based upon the recitals and findings contained in Section 1 hereof and upon the following findings: CUT XCETWC FON FEB 10 1998 8ewlu*m Na R- 148 (a) The City of Miami desires to enter into a Revocable License Agreement with Anita M. Najiy, for the purpose of providing coin laundromat services at the Overtown Shopping Center, 1490 NW 3rd Avenue, Space 104, Miami, Florida, which relationship would be in violation of Section 2-612 of the Code of the City of Miami, Florida, as amended (the "City Code"), were there not a waiver of the prohibition contained in said Section 2-612. (b) The herein proposed transaction will be in the best interest of the City of Miami in providing needed laundromat services to the Overtown community. Section 3. The prohibition contained in Section 2-612 of the City Code is hereby waived by an affirmative four -fifths (4/5ths) vote of the City Commission, after a duly advertised public hearing. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this loth day of February , 1998. ATTES WALTER CITY CLI ,;_,c XAVIER SUAREZ, MAYOR 08- 148 PREPARED AND APPROVED BY: JULIE O. BRU ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: EDWARD LL UM CITY ATTQkNEY W2214:JOB/kd/csk -3- �8- 148 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Chairman and Members of the City Commission FROM Jose Garcia -Pe City Manager RECOMMENDATION: DATE: FEB 2 FILE SUBJECT: Resolution Waiving By An Affirmative 4/5ths Vote Article V. Conflicts of Interest, of the Code of the City of Miami REFERENCES: City Commission Agenda ENCLOSURES: February 10, 1998 The Administration recommends that the City Commission adopt the attached Resolution, waiving by an affirmative four -fifths (4/5ths) vote of the members of the City Commission, after a duly advertised Public Hearing, the prohibition contained in Article V. Conflicts of Interest, Section 2-612, of the Code of the City of Miami, Florida, as Amended, as it applies to City of Miami employees, specifically Anita M. Najiy, a City of Miami Police Officer. BACKGROUND: The Administration recommends that it is in the best interest of the City to enter into a Revocable License Agreement with Anita M. Najiy, for the operation of a coin laundromat to be located at the City owned Overtown Shopping, Space 104, 1490 NW 3rd Avenue, Miami, Florida. Ms. Najiy is employed by the City of Miami as a police officer and therefore, in accordance with Article V. Conflicts of Interest, as defined in Section 2-612, it is requested that the requirements of this Article be waived, in accordance with Section 2-614 which states that; the requirements of this Article may be waived for a particular transaction by an affirmative vote of four -fifths of the members of the City Commission after public hearing. cc: Honorable Mayor Xavier L. Suarez DB/sa/WaiverAnitaNajiy 08- 148 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Walter J. Foeman DATE: January 21, 1998 FILE City Clerk SUBJECT: Request to Publish Notice of Public Hearing to Discuss a Waiver �p .�ivsr of Conflict of Interest Prohibition FROM: Dena Blanchlno REFERENCES: Assistant Director for Asset Management ENCLOSURES: Department of Planning and Development Advertisement Please make arrangements to publish a Notice of Public Hearing for discussion pertaining to DISCUSSION OF THE _ WAIVER OF THE CONFLICT OF INTEREST PROHIBITION - CITY CODE SECTION 2-612 - AS IT APPLIES TO ANITA M. NAJIY. The Public Hearing has been scheduled for February 10, 1998. Please charge to index code: 660201-287. APPROVED: Elvi G. Alonso Agenda Coordinator DB/sa/ClerkreWaiver 3 0811- 148 NOTICE TO THE PUBLIC CITY OF MIAMI, FLORIDA PLEASE ALL TAKE NOTICE THAT a public hearing will be held by the City Commission of the City of Miami, Florida, on February 10, 1998, at 10:00 a.m., in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, to discuss a waiver of the conflict of interest prohibition contained in City of Miami Code Section 2-612, which prohibits every officer, official and employee of the City, including every member of any board, commission or agency of the City from entering into contract or transact any business with the City. Such prohibition applies to Anita M. Najiy, a City of Miami police officer. It is in the best interest of the City to enter into a Revocable License Agreement with Anita M. Najiy, for the operation of a coin laundromat, to be located at the City owned property at 1490 NW 3rd Avenue, Miami, Florida. All interested persons are invited to appear and may be heard concerning such waiver. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evident upon which any appeal may be based. (CITY SEAL) WALTER J. FOEMAN CITY CLERK �18-- 148 5