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HomeMy WebLinkAboutR-92-0489J-92-475 6/1/92 9I'll -. RESOLUTION NO. 489 :J A RESOLUTION WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE REQUIREMENTS AND PROHIBITION CONTAINED IN CITY CODE SECTION 2-302, THAT IT IS IN THE BEST INTEREST OF THE CITY TO PERMIT ARLINGTON L. AND LILLIE L. DEAN, PARENTS OF A CITY OF MIAMI LAW DEPARTMENT EMPLOYEE, TO PARTICIPATE IN THE CITY'S CDBG ASSISTED SINGLE FAMILY REHABILITATION LOAN PROGRAM ADMINISTERED BY THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Miami, through the Community Development Block Grant Program of the United States Department of Housing and Urban Development has embarked upon a home renovation and rehabilitation program for its residents; and WHEREAS, the Department of Development and Housing Conservation administers this program; and WHEREAS, Arlington L. and Lillie L. Dean, parents of a City of Miami Law Department employee, who resides within the City, has applied for rehabilitation assistanoe under this program; and WHEREAS, said parents qualify in all respects for partioipation in said program exoept that they are parents of a person employed by the City and would be in technical violation of City Code Section 2-302; and CITY C07MOSSION VIEETING OE JU L 1 G 1992 Rasclution Ns. 92-- 489 WHEREAS, a waiver must Ic be obtained for Arlington L. and Lillie L. Dean's participation in said program; and WHEREAS, the City can only avail itself of the opportunity to participate in a valid housing redevelopment program through offering the program to all residents 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: Seotion 1. The recitals and findings contained in the preamble to this Resolution are hereby adopted by referenoe thereto and incorporated herein as if fully set forth in this Seotion. Seotion 2. The waiver set forth in Seotion 4 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) Arlington L. and Lillie L. Dean, parents of a Law Department employee, who reside within the City, have applied and are qualified for participation in the City's CDBG Assisted Single Family Rehabilitation Loan 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) The City of Miami can only avail itself of the opportunity to participate in a valid housing redevelopment program through offering the program to all residents of the City, notwithstanding their or their relatives employment by the City. MM 92-- 489 (c) The herein proposed participation will be in the best interest of the City of Miami. 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 are hereby waived, by a 4/6ths affirmative vote of the members of the City Commission, after a duly advertised public hearing. Section 4. The City of Miami Department of Development and Housing Conservation is hereby authorized to allow Arlington L. and Lillie L. Dean 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 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 16th my 1992. VIER L S AREZ, MAYOR ATT S NATTY HIRAI CITY CLERK PRE ARED APPROV D BY: Z 910�E. MAXWELL H F ASSISTAN CITY ATTORNEY APPRO AS TO FORM AND CORRECTNESS: A. QUINIrJ6NES III CITY ATTORNEY M3086:JEM:ask - 3 - 92-- 489 t3 43 . ..a T ^^ _ �� `J r INTER -OFFICE PAEMORANDUM -o Honorable Mayor and DATE i�nn7 FILE Members,pof the City mission SUBJECT Resolution Waiving Con- flict of Interest - Single Family Rehabilitation Cesar H. Odio Loan Program City Manager REFEREI)CES City Commission Meeting Agenda Item: ENCLOSURES July 9, 1992 RECOMMENDATION: 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 Arlington L. and Lillie L. Dean to receive City assistance through the City's CDBG assisted Single Family Rehabilitation Loan Program for the renovation of their home located at 314 Northwest 48th Street 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 Code Section 2-302, to allow Arlington L. and Lillie L. Dean, parents of a City employee employed in the Law 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 all residents of the City living in the designated CD Target Areas and meeting 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. 9 - 489 gloom wow Honorable Mayor and Members of the City Commission Page 2 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.