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HomeMy WebLinkAboutR-89-1109J-89-1136 11/3U/89 RESOLUTION NO. F?9-1109 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AGAINST MS. MARY CLOZIE AND MS. VELMA SCOTT, D/B/A GRAND DISCOUNT BEAUTY SUPPLIES, TO RECOVER LOAN FUNDS IN THE BASE AMOUNT OF $9,249.45 TO SAID INDIVIDUALS VIA THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN 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 adapted Resolution No. 88-743 authorizing the establishment of the Citywide Small Business Development Pilot Program; and WHEREAS, Ms. Mary Clozie and Ms. Velma Scott, owners of the Grand Discount Beauty Supplies, have defaulted on their Promissory Agreement with the City of Miami; and WHEREAS, the aforementioned loan recipients have received' $9,249.45 from the Citywide Small Business Development Pilot Program; and WHEREAS, it has been alleged by one of the loan recipients that said loan was fraudulently obtained; 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. CITY COMMISSION MEETING OF DEC 7 09 imm 89-1109 Section Z. The City Attorney is hereby authorized to initiate appropriate legal proceedings against Ms. Mary Clozie and Ms. Velma Scott, d/b/a Grand Discount Beauty Supplies, to recover loan funds in the base amount of $9,249.45 to said individuals via the Citywide Small Business Development Pilot Loan Program. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of ATTEST: MATTY -IiIRAI CITY CLERK COMMUNITY DEVELOPMENT REVIEW AND APPROVAL: /L5/ , J G L' FRANK CASTANEDA, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: Z1OR I:. FERR CITY ATTORNEY /g jd EZ I g4r 2_ December MAYOR , 1989. CA=24CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members T� of the City Commission DATE NOV or."7 1989 FILE Authorization to Initiate sueJEcl Default Proceedings 3 Cesar H. Odio REFERENCES Mary Clozie b Velma Scott City Manager d/b/a Grand Beauty ENCLOSURES Discount & Supply RECOMMENDATION It is recommended that the City Commission authorize the City Manager to advise the City Attorney to proceed in initiating default proceedings as it relates to the Citywide Small Business Development Pilot Program against Mary Clozie and Velma Scott d/b/a Grand Beauty Discount Supplies to recover the City's loan funds. BACKGROUND On February 27, 1988, Ms. Mary Clozie and Ms. Velma Scott, owner of Grand Beauty Discount Supplies and loan recipients of $10,000 via the Citywide Small Business Development Pilot Program entered into a Promissory Agreement with the City of Miami. As of September, 1989 the aforementioned loan recipient has defaulted on the agreement per the following terms: ITEM NO. DEFAULT PROVISION 10 If the borrower is a corporation, should it be dissolved, or if the borrower(s) is a partnership, should the partnership be dissolved, wound up or liquidated; 14 Should the borrower be convicted of any offense involving theft, dishonesty, fraud or moral turpitude; A total of $9.249.45 has been disbursed to the loan recipients from an approved amount of $10,000. Specifically, Velma Scott a partner in the corporation, alleges that subsequent to submitting the loan application to the Coconut Grove Local Development Corporation, Inc. (CGLDC) she informed the agency that she was no longer a partner in the business. However, CGLDC, submitted said application to the Citywide Small Business Loan Committee for action. The Loan Committee approved the loan for $10,000. Mary Clozie proceeded with the loan closing without informing either the CGLDC or the City of Miami that she and Velma Scott were no longer partners in the business. T. �r �z 7 #" f Honorable Mayor and Members of the City Commission Page 2 In order that the loan could be obtained, Mary Clozie and another individual impersonating as Velma Scott met With the Department of Community Development staff for the closing and disbursement of funds from the aforementioned loan program. The documents required for closing has been properly filed with both the Clerk of the County Court and the State of Florida. Therefore, both Mary Clozie and Velma Scott are financially liable for the repayment of said loan. Velma Scott has proceeded to initiate legal action against Mary Clozie, via the State Attorney's Office, on the grounds of forgery, false impersonation, dishonesty and theft. Based on the above information, we are requesting that the City Commission authorize the City Manager to proceed with legal action against Mary Clozie and Velma Scott to recover the City's funds allocated for the aforementioned business. /gjd Z