HomeMy WebLinkAboutR-92-06584
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RESOLUTION NO.9 2 r 5 58
A RESOLUTION WAIVING BY 4/5THS AFFIRMATIVE VOTE
OF THE MEMBERS OF THE CITY COMMISSION, AFTER A
DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION
CONTAINED IN CITY CODE SECTION 2-302 AS SUCH
PROHIBITION APPLIES TO ARSENIO MILIAN, WHO SERVES
ON THE CITY'S ZONING BOARD, IN RELATION TO HIS
PROVIDING PROFESSIONAL ENGINEERING SERVICES FOR
THE ESTABLISHMENT OF A TELECOMMUNICATION FEE
SCHEDULE AS SET FORTH IN ARTICLE Vill OF CHAPTER
64 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED.
WHEREAS, Arsenio Milian Is currently serving as a member of
the Zoning Board of the City of Miami and is President of the
Engineering Firm of Milian, Swain & Associates; and
WHEREAS, the Engineering firm of Milian, Swain & Associates
Is seeking to provide professional engineering services to the
City of Miami for the establishment of a Telecommunication Fee
Schedule as set forth In Article V I I I of Chapter 54 of the Code
of the City of Miami, Florida, as amended;
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 recitals and findings contained in Section 1
hereof and upon the following findings:
I CITY COMMISSION
f MEETING OF
OCT C 9 1992
Resolution No.
92- 658
-49,
(a) The City of Miami desires to retain the engineering
firm of Milian, Swain & Associates, Arsenio Milian,
as
President, such firm Is uniquely qualified to provide
professional engineering services to the City of Miami
for the establishment of a Telecommunication Fee
and
Schedule, /which relationship would be in violation of
City Code Section 2-302 were there not a waiver of the
prohibition contained In said Section 2-302.
(b) The herein proposed transaction will be In the best
Interest of the City of Miami in establishing a
Telecommunication Fee Schedule.
Section 3. The prohibition contained In Section 2-302 of
the City Code Is hereby waived by a 4/5ths affirmative vote of
the City Commission, after a duly advertised public hearing.
Section 4. This Resolution shall become effective
Immediately upon its adoption.
PASSED AND ADOPTED this 8th day 94 0ober 1992.
XAVIER L., 4UAREZ,'MAYOR
ATTE LEGAL REVIEW BY:
y� Mal
MATY%NrHIRAI G. MIRIAM MAER
CITY CLERK CHIEF ASSISTANT CITY ATTORNEY
SUBMITTED BY:
ti, �L"-'
-
WALDEMAR E. LEE
ACTING DIRECTOR OF PUBLIC WORKS
APPROVED AS TO FORM AND
CORRECTNESS:
06 INN S, i f I
ITY ATT EY
- 2 - 92- 658
CITY OF MIAMI, rLOq10A 41
INTER -OFFICE MEMORANDUM
To. The Honorable Mayor and Members
of the City Commission
CROM Cesar H. Odi
City Manager t'J
RECOMMENDATION:
DATE : % _ 1 ti <99/� FILE
2
SUBJECT : Waiver of prohibition
Against Transaction of
Business with Zoning
REFERENCEsBoard Member Arsenio Milian
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached Resolution waiving the prohibition contained in City
Code Section 2-302 against the transaction of business with a
member of a City Board as such prohibition applies to Arsenio
Milian.
BACKGROUND:
On January 9, 1992, the City Commission adopted Emergency
Ordinance No. 10943 amending Article VIII of Chapter 54 of the
City Code entitled "Use of the Public Rights -of -Way", by Private
Communications Systems" the telecommunications ordinance. The
amendments included adjustments to the Compensation for Permit
and. established that the City, through its Public Works Director,
may adjust the annual license fee by an amount not in violation
of Section 337.401(4) of the Florida Statutes. The Public Works
Director desires to establish this fee schedule and requires the
professional engineering services of a firm uniquely qualified to
determine a fee that adequately addresses the requirements of the
City and meets all of the requirements of the Florida Statutes in
establishing the appropriate fee.
The Public Works Director desires to retain the engineering firm
of Milian, Swain and Associates to provide these professional
services. Mr. Arsenio Milian is currently serving as a member of
the Zoning Board of the City of Miami and is President of the
engineering firm of Milian, Swain and Associates. City Code
Section 2-302 prohibits the transaction of business with a member
of a City Board. It is respectfully recommended that the City
Commission adopt the attached Resolution waiving this
prohibition.
92- 658
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