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HomeMy WebLinkAboutR-94-06358/10/94 RESOLUTION NO. 9 4- 635 A RESOLUTION WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, AND BASED UPON THE FINDING THAT IT WOULD BE IN THE BEST INTEREST OF THE CITY, THE REQUIREMENTS SET FORTH IN SECTION 2-302, OF THE CITY CODE, AS AMENDED, THAT PROHIBIT A CITY EMPLOYEE FROM TRANSACTING BUSINESS WITH THE CITY, TO PERMIT MS. DOREEN T. BARHAM, A CITY EMPLOYEE, TO PARTICIPATE IN THE CITY'S SCATTERED SITE AFFORDABLE .HOMEOWNERSHIP DEVELOPMENT PROGRAM ADMINISTERED BY THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION. WHEREAS, in October of 1986, the City Commission approved the implementation of the City's Scattered Site Affordable Homeownership Development Program for the purpose of providing new affordable homeownership opportunities to low and moderate income families in the City; and WHEREAS, the major objective of the Program is the City sponsored development and delivery "at cost" of new single family homes to be developed on an in -fill basis in the City's Community Development Target Areas; and WHEREAS, the Program is designed not only to increase the supply of affordable homeownership housing units in the City, but it also serves to recycle underutilized residential properties (vacant lots) in the City's Community Development Target Areas; and WHEREAS, funding for this Program was made available through the issuance of $4,200,000 in Special Obligati , CITY C0.1:TISSION MEET:ISG OF -1- SEP 0 0 '^94 941R 9.01- io. No. - 635 C the proceeds of which have been used to provide construction financing for the Program; and WHEREAS, approximately $1,000,000 in Community Development Block. Grant Program funds have also been made available for the purpose of acquiring suitable homesites in the target areas for the Program; and WHEREAS, to date, over fifty three (53) underutilized, vacant city -owned parcels have been developed with new single family homes and has provided homeownership opportunities to low and moderate income families, while at the same time enhancing the City's tax base; and WHEREAS, Ms. Doreen T. Barham, a City employee, employed in the Wynwood NET Service Center has applied and qualified for the purchase of a new single family home located at 3780 Prow Avenue in the Coconut Grove neighborhood through the Program; and WHEREAS, said employee qualifies in all respects for participation in said Program except that she 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, of the City Code, as amended_; and WHEREAS, pursuant to Section 2-302, of the City Code, as amended, a waiver must be obtained to permit Ms. Barham '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 -2- 94- 635 WHEREAS, other City employees or direct family who have applied and qualified for participation in other City sponsored housing programs 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 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) Ms. Doreen T. Barham, has applied and is qualified for participation in the City's Scattered Site Affordable Homeownership Development Program (the "Program") administered by the City's Department of Development and Housing Conservation. (b) According to the Program's guidelines, the City should offer the Program to all low and moderate income families, notwithstanding their or their relatives employment by the City. (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. -3- 94- 635 a Section 4. The City of Miami Department of Development and Housing Conservation is hereby authorized to allow Ms. Doreen T. Barham to participate in the City's Scattered Site Affordable Homeownership Development Program administered by the City of Miami. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of September , 1994. K � ' STEPAN P. CLARKf MAYOR AT T &VMY HIRAI, CITY CLERK PREPARED AND APPROVED BYA LINDA KELLY KEARS N ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QU N CITY ATT EY 94- 635 -4- CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To : Honorable Mayor and DATE AUG 2 5 FILE Members of the City Commission SUBJECT Resolution Waiving Conflict of Interest - Scattered Site Affordable Homeownership Cesa io Development Program FROM : City ger REFERENCES City Commission Agenda ENCLOSURES Item - September 8, 1994 ECOMMENDATION: 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. Doreen T. Barham to purchase a new single family home developed by the City under the Scattered Site Affordable Homeownership Development Program located at 3780 Frow Avenue in the Coconut Grove neighborhood. 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 Code Section 2-302, to allow Ms. Doreen T. Barham employed in the Wynwood Neighborhood Enhancement Team (NET) Service Center,.to participate in the City's Scattered Site Affordable Homeownership Development Program. In October of 1986, the City Commission approved the implementation of the City's Scattered Site Affordable Homeownership Development Program, for the purpose of providing new affordable homeownership opportunities to low and moderate income families in the City. The Program is designed not only to increase the supply of affordable homeownership housing units in the City, but it also serves to recycle underutilized vacant lots in the City's Community Development Target Areas, while at the same time enhancing the City's tax base. To date, the Program has been very successful in providing homeownership opportunities to over fifty three (53) low and moderate income families in the City's CDBG target areas of Allapattah, Coconut Grove, Model City, and Wynwood. Each of the 3 bedroom-2 bath homes have been marketed at $59,900. 94- 635 9-f Honorable Mayor and Members of the City Commission Page 2 Ms. Doreen T. Barham, a City employee has applied and qualified for the purchase of a new single family home located at 3780 Frow Avenue in the Coconut Grove neighborhood. From time to time, City employees or their relatives have met the program eligibility criteria and have requested assistance through various housing programs administered by the City. 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 Ms. Barham to participate in the City's Scattered Site Affordable Homeownership Development Program. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Matty Hirai August 11, 1994 To : City Clerk GATE : FILE Request to Publish sua,ECT : Notice for Public Hearing FROM : ert J iley REFERENCES: ssistant City Manager Department of Development and ENCLOSURES: Housing 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 Doreen T. Barham, a City employee, to purchase a new single family home in the Coconut Grove neighborhood developed under the City of Miami's Scattered Site Affordable Homeownership Development Program. The date and time of this public hearing will be September 8, 1994 at 10:00 A.M. ! Approv*Assistant fina Argudi to the City Manager II I I j i 94- 635 i 1( j!. CITY OF MIAMI9 FLORIDA NOTICE OF PUBLIC HEARING A public hearing will be held by the Commission of the City of Miami, Florida, on September 8, 1994 at 10:00 A.M. in the City Conunission 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 in order to allow Doreen T. Barham to participate in the City's Scattered Site Affordable Homeownership Development Program. This action is required because Doreen T. Barham is an employee of the City. In order to allow Doreen T. Barham to purchase a new single family home developed by the City under the Scattered Site Affordable Homeownership Development Program at 3780 Frow Avenue, 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 proceedings is made, including all testimony and evidence upon which any appeal may be based.