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HomeMy WebLinkAboutR-94-0457U-94-411A 6/30/94 RESOLUTION NO. 9 4^ 4 J 7 A RESOLUTION WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHBITION SET FORTH IN SECTION 2-302 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHEREBY A CITY EMPLOYEE IS PROHIBITED FROM TRANSACTING BUSINESS WITH THE CITY, THEREBY AUTHORIZING MR. LEON LEONARD, A CITY OF MIAMI POLICE DEPARTMENT EMPLOYEE, TO PARTICIPATE IN THE CITY OF MIAMI COMMUNITY DEVELOPMENT BLOCK GRANT. ("CDBG") ASSISTED SINGLE FAMILY REHABILITATION LOAN PROGRAM ADMINISTERED BY THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION THROUGH THE CDBG PROGRAM OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, SAID WAIVER BASED UPON THE FINDING THAT IT WOULD BE IN THE BEST INTEREST OF THE CITY AND CONDITIONED UPON THE STIPULATION THAT SAID PARTICIPATION SHALL BE LIMITED TO THOSE PROPERTIES THAT ARE NOT OR HAVE NOT BEEN THE SUBJECT OF ANY CITY BOARD ACTION. WHEREAS, the City of Miami, through the Community Development Block Grant Program of the United States Department of Housing and Urban Development has implemented the CDBG Assisted Single Family Rehabilitation Loan Program (the "Program") for its residents; and WHEREAS, the Department of Development and Housing Conservation administers this program; and WHEREAS, Mr.. Leon Leonard, a City of Miami Police Department employee, who owns property within the City, has applied for rehabilitation assistance under said Program; and CITY C0104ISSION OF JUN ^ P M4 Rosoh:tion No. 94- 457 WHEREAS, said employee qualifies in all respects for participation in said Program except that he is a person employed by the City and is thereby prohibited from transacting business with the City pursuant to the requirements set forth in Section 2-302, Code of the City of Miami, Florida, as amended; and WHEREAS, pursuant to Section 2-302 of the Code of the City of Miami, Florida, as amended, a waiver must be obtained for Mr. Leon Leonard'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 granted a waiver; and WHEREAS, Mr. Leonard's participation shall be limited to those properties that are not or have not been the subject of any City board action; 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 thereto and incorporated herein as if fully set forth in this Section. 94- 45'7 -2- f' Section 2. Based upon the findings set forth in Section 3 hereof, the requirements and prohibition contained in Section 2-302 of the Code of the City of Miami, Florida, 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 3. The waiver set forth in Section 2 hereof is based upon the following findings: (a) Mr. Leon Leonard, 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 Development and Housing Conservation 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. (c) The herein proposed participation will be in the best interest of the City of Miami. Section 4. Mr. Leon Leonard, a City employee, is hereby authorized to participate in the City of Miami Community Development Block Grant ("CDBG") Assisted Single Family Rehabilitation Loan Program administered by the Department of Development and Housing Conservation through the United States Department of Housing and Urban Development, said waiver conditioned upon the stipulation that said participation shall be limited to those properties that are not or have not been the subject of any City board action. 94- 457 -3- i F Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 30th day of June 1994. EPHEN P. CLA , MAYOR ATT T' MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: LINDA KELLY KE SO ASSISTANT CITY ATTORNEY i APPROVED AS TO FORM AND CORRECTNESS: A. Q N J N S, ITI CITY ATTO Y LKK:BSS:csk:M4396 I 94- 457 11 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and DATE Members of the City Commission SUBJECT FROM Cesa to REFERE14CES City r ENCLOSURES RECOMMENDATION: JUN 15 1994 N.E Resolution Waiving Conflict of Interest - Single Family Rehabilitation Loan Program City Commission Meeting Agenda Item: June 9, 1994 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 Mr. Leon Leonard to receive City assistance through the City's CDBG assisted Single Family Rehabilitation Loan Program for the renovation of his property located at 5975 N.W. 15th Avenue in the City. BACKGROUND: The Department of Development and Housing Conservation recommends ratification of the attached resolution, waiving by a 4/5ths affirmative vote of the City Commission, the requirements and prohibition contained in City Cc'e Section 2-302, to allow Mr.. Leon Leonard, employed in the Pc ice Department, 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 Development and Housing Conservation with Community Development Block Grant funds is available to owner -investors of rental property located in the designated CD Target Areas who meet the program eligibility requirements. From time to time, City employees or their relatives have met the program eligibility criteria and have requested assistance through the City's housing rehabilitation program. 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 Development and Housing Conservation 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. 4- 47 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Ndltty Hirai". DA1. :;.ay 13, 1994 FILE ity Clerk SUBJECT : Request to Publish Notice for Public Hearing FROM : er e t J B iley ! / REFERENCES: Ass ant , C i;ty Manager De atment of Development and ENCLOSURES ousing Conservation 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 Leon Leonard a City of Miami Police 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 June 9, 1994, at 10:00 A.M. eJosefina Approv Argudin stant to the City Manager II CITY OF MIAMI, FLORIDA DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION MIAMI, FLORIDA NOTICE OF PUBLIC HEARING A public hearing will be held by the Commission of the City of Miami, Florida, on June 9, 1994 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 provision, Section 2-302 of the City Code for an application for financial assistance submitted by Leon Leonard under the City of Miami's Community Development Block Grant funded Single Family Rehabilitation. This action is required because Leon Leonard is an employee of the City's Police Department. In order to approve an application for financial assistance submitted by Leon Leonard 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.