HomeMy WebLinkAboutM-96-0188J- 6-1.98
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RESOLUTION NO.
A RESOLUTION, WAIVING BY A 4/5THS AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
FTER A DULY ADVERTISED PUBLIC HEARING, THE
R QUIREMENTS AND PROHIBITION CONTAINED IN
CI Y CODE SECTION 2-302, THAT IT IS IN THE
BE S INTEREST OF THE CITY TO PERMIT MS.
JACQ LINE J. RUBIANO, A CITY OF MIAMI
DEPAR ENT OF FIRE -RESCUE EMPLOYEE, TO
PARTICI ATE IN THE CITY'S CDBG ASSISTED
SINGLE ILY REHABILITATION LOAN PROGRAM
ADMINISTE D BY THE DEPARTMENT OF NET/HOUSING
CONSERVATI DIVISION THROUGH THE COMMUNITY
DEVELOPMENT LOCK GRANT PROGRAM OF THE U.S.
DEPARTMENT 0 HOUSING AND URBAN DEVELOPMENT.
WHEREAS, the City f Miami, through the Community
Development Block Grant Progr of the United States Department
of Housing and Urban Developm nt, has implemented the CDBG
Assisted Single Family Rehabil'tation Loan Program (the
"Program") for its residents; and
WHEREAS, Ms. Jacqueline J. Rubian a City of Miami Fire -
Rescue Department employee, who owns pro erty within the City,
has applied for rehabilitation assistance un r this Program; and
WHEREAS, said employee qualifies in 1 respects for
participation in said Program except that sh is a person
employed by the City and is thereby prohibited fro transacting
business with the City pursuant to the requirements s t forth in
City Code Section 2-302; and
WHEREAS, pursuant to Section 2-302, of the Code of the City
of Miami, as amended, a waiver must be obtained to permit Ms.
Rubiano's participation in said Program; and
WHEREAS, according to the Program's guidelines the City
should offer the Program to all property owners of the City,
notwithstanding their employment by the City; and
WHEREAS, other City employees or direct family who have
applied and qualified for participation in this Program have been
given a waiver;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
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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 following findings being made by four/fifths of
the members of the City Commission after a duly advertised public
hearing:
(a) Jaqueline J. Rubiano, owner of a property in the
Model City target area, has applied and is
qualified for participation in the City's CDBG
Assisted Single Family Rehabilitation Loan Program
(the "Program") administered by the City's
Department of NET/Housing Conservation Division
through the Community Development Block Grant
Program of the United States Department of Housing
and Urban Development.
(b) According to the Program's guidelines, the City
should offer the Program to all property owners of
the City, notwithstanding their or their
relatives' employment by the City.
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(c) The herein proposed participation will be in the
best interest of the City.
Section 3. Based upon the findings set forth in Section
2 hereof, the requirements and prohibition contained in Section
2-302 of the City Code, as amended, are hereby waived, by a
4/5ths affirmative vote of the members of the City Commission,
after a duly advertised public hearing.
Section 4. The City of Miami Department of NET/Housing
Conservation Division, is hereby authorized to allow Ms.
Jacqueline J. Rubiano to participate in the City's CDBG Assisted
Single Family Rehabilitation Loan Program which is administered
through the Community Development Block Grant Program of the
United States Department of Housing and Urban Development.
Section 5 This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this day of 1996
ATTEST:
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:
LINDA KELLY KEARS
ASSISTANT CITY ATTORNEY
wcss:CSK
3-
STEPHEN P. CLARK, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
A:
CI
A'
96- 188
k_—
Honorable Mayor and Members
To : of the City Commission '
FROM : Ces
City er
RECOMMENDATION:
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE : W b 1996
SUB.IECT :Resolution Waiving Conflict
of Interest - Single Family
Rehabilitation Loan Program
REFERENCESCity Commission Meeting
Agenda Item: March 14, 1996
ENCLOSURES:
FILE :
It is respectfully recommended that the City Commission adopt the attached resolution, waiving
by a 4/5ths affirmative vote of the City Commission, the requirements and prohibition contained
in the City Code Section 2-302, to allow Ms. Jacqueline J. Rubiano to receive City assistance
through the City's CDBG assisted Single Family Rehabilitation Loan Program for the renovation
of her property located at 911 N.W. 66th Street.
BACKGROUND:
The Department of NET recommends ratification of the attached resolution, waiving by a 4/5ths
affirmative vote of the City Commission, the requirements and prohibition contained in City
Code Section 2-302, to allow Ms. Jacqueline J. Rubiano, employed in the Department of
Fire/Rescue, to participate in the City's CDBG assisted Single/Family Rehabilitation Loan
Program.
The City's CDBG assisted Single Family Rehabilitation Loan Program administered by the
Department of NET with Community Development Block Grant funds is available to owner -
investors of rental property located in the City's designated CD Target Areas who meet the
program's eligibility requirements. From time to time, City employees or their relatives have met
the program's eligibility criteria and have requested assistance through the City's housing
rehabilitation programs. These City employees or their relatives are required to secure a waiver
from the City Commission of the Conflict of Interest provision as outlined in Section 2-302 of
the Code of the City, before such assistance can be provided.
Based on the above, the Department of NET recommends that the City Commission approve the
waiver of the Conflict of Interest provision, as outlined in Section 2-302 of the City Code, in
order to allow approval of the homeowner's single family rehabilitation loan application.
96- 188
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To : Walter J. Foeman DATE : February 20, 1996 FILE
(`itv ('lPrk
A�l
'- SUBJECT : Request to Publish
Notice for Public Hearing
FROM : J� Hepburn REFERENCES:
sis Director
NET/FYOUSuig Di ion ENCLOSURES
Please make arrangements to publish a Notice of Public Hearing, to allow for a waiver of the
conflict of interest provision, Section 2-302 of the City Code, to allow Jacqueline J. Rubiano a
City of Miami Fire/Rescue Department employee, to apply for financial assistance under the
City of Miami's Community Development Block Grant funded Single Family Rehabilitation
Program.
The date and time of this public hearing will be March 14, 1996, at+8-00 A.M.
Approved:
allastegui,
AGENDA OFFICE
OR- 188
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k,
CITY OF MIAMI, FLORIDA
DEPARTMENT OF NET
MIAMI, FLORIDA
A public he g will be held by the Commission of the City of Miami, Florida, on March 14,
1996 at public
in the City Commission Chambers at City Hall, 3500 Pan American Drive,
Miami, Florida to discuss a waiver of the conflict of interest provision, Section 2-302 of the City
Code for an application for financial assistance submitted by Jacqueline J. Rubiano under the
City of Miami's Community Development Block Grant funded Single Family Rehabilitation.
This action is required because Jacqueline J. Rubiano is an employee of the City's Department of
Fire/Rescue.
In order to approve an application for financial assistance submitted by Jacqueline J. Rubiano
under the City's Community Development Block Grant Program, a waiver of the conflict of
interest provision, Section 2-302 of the City Code, must be granted by the City Commission.
Should any person desire to appeal any decision of the City Commission with respect to any
matter considered at the hearing, that person should ensure that a verbatim record 'of the
proceeding is made, including all testimony and evidence upon which any appeal may be based.
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