HomeMy WebLinkAboutR-94-0765J-94-730
8/2S/94
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
INITIATE APPROPRIATE LEGAL PROCEEDINGS AND
CIVIL ACTION AGAINST RALPH D. AND GAIL
PACKINGHAM D/B/A HAIRSTYLES BY MR. RALPH, AS
OWNERS AND INDIVIDUALLY, TO RECOVER LOAN
FUNDS, IN THE AMOUNT OF $6,947.28, PLUS
INTEREST, MADE TO SAID INDIVIDUALS VIA THE
CITYWIDE SMALL BUSINESS DEVELOPMENT LOAN
PILOT PROGRAM.
WHEREAS, the Miami City Commission is committed to the
economic development and the expansion of trade and commerce in
the City of Miami; and
WHEREAS, the City Commission adopted Resolution No. 88-743
authorizing the establishment of the Citywide Small Business
Development Loan Pilot Program; and
WHEREAS, the loan recipient has made payments totalling
$3,052.72; and
WHEREAS, Ralph D. and Gail Paokingham, as owners and
individually, of Hairstyles by Mr. Ralph, have defaulted on their
Promissory Note Agreement and Mortgage Note with the City of
Miami and payment is more than 120 days past due;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COMMrsslow
MEETING OF
OCT 2 7 'q94
Resolution No.
94- 765
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 City Attorney is hereby authorized to
initiate appropriate legal proceedings and civil action against
Ralph D. and Gail Packingham, as owners and individually, of
Hairstyles by Mr. Ralph, to recover loan funds, in the amount of
$6,947.28, plus interest, made to said individuals via the
Citywide Small Business Development Loan Pilot Program.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 27th day of October 1994.
S PHEN P. C ARK, MAYOR
ATT
M HIRAI
CITY CLERK
COMMUNITY D MEN EVIEW AND APPROVAL:
FRANK ZrASTAMDA9 DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
APPROVED AS TO FORM AND CORRECTNESS:
A. QUNTORN
ITJO E v
CITY Y
AQJ:osk:M4
94- 765
-2-
CITY OF MIAMI, FLORIDA
ONT EP-OFFICE MEMORANDUM
Honorable Mayor and Members
of the ty Commission
A40"i
Cesar H. Odio
City Manager
RECOMMENDATION
DATE : AUG 2 5 1994 FILE
SUBJECT: Authorization to Initiate
Default Proceedings
Ralph and Gail Packingham d/b/a
REFERENCES., Hairstyles by Mr. Ralph
as owners and individually
ENCLOSURES : See attached
It is recommended that the City Commission authorize the City Manager to
advise the City Attorney to proceed in initiating default proceedings as its
relates to the Citywide Small Business Development Pilot Loan program against
Ralph D. and Gail Packingham d/b/a Hairstyles by - Mr. Ralph as owners and
Individually to recover the City's loan funds.
BACKGROUND
On July 24, 1989, Ralph D. and Gail Packingham owners of Hairstyles by Mr.
Ralph and loan recipients of $10.000 via the Citywide Small Busin ss
Development Pilot Loan Program entered into a Promissory Agreement a
mortgage with the City of Miami. As of July 20, 1994 the aforementioned loan
recipients had defaulted on their agreement per the following terms:
ITEM NO. DEFAULT PROVISION
1 Should there be a default in the punctual and full
payment of interest or an installment of principal due
hereunder; or
12 Shaul d the borrower fail to accept Technical
Assistance provided by the City or fail to make
financial records available to City staff for review
upon notification; or
15 Should the borrower fail to faithfully and fully
comply with the program requirements and/or
obligations of the borrower/loan recipient set forth
in the Promissory Nate and Disbursement Agreement
pertaining to the program, which the borrower hereby
represents he has read, understood and agreed to; or
94- 765
Honorable Mayor and Members
of the City Commission
Page 2
A total of $10,000.00 has been disbursed to the loan recipient from an.
approved amount of $10,a00.
The recipient's first loan payment was due on February 1, 1990. To -date, we
have received a total of $3,052.72 as payment on said loan. The loan is in
default as of April 1, 1994.
Based on the above information, we are therefore requesting that the City
Commission authorize the City Manager to proceed with legal action against
Ralph D. and Gail Aackingham, as owners and individually, of Hairstyles by Mr.
Ralph, to recover via legal action, the City's/HUD's funds allocated to the
aforementioned business/individuals (outstanding amount $6,947.21).
CHO
94- 765