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HomeMy WebLinkAboutR-86-0114J-86-132 2/3/86 M86-56 (1/23/86) le 'v i I I A RESOLUTION NO. A RESOLUTION WAIVING, BY A 4/5ths AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE TRANSACTION OF CITY BUSINESS AND APPEARANCES OF A FORMER CITY OFFICER, OFFICIAL OR EMPLOYEE BEFORE THE CITY COMMISSION WITHIN 2 YEARS AFTER LEAVING CITY EMPLOYMENT AS SUCH PROHIBITION APPLIES TO HOWARD V. GARY, WHO LAST SERVED AS CITY MANAGER ON DECEMBER 6, 1984 AND WHO HAS SINCE BEEN ENGAGED AS A CONSULTANT IN ZONING, LAND USE, MINORITY ECONOMIC DEVELOPMENT AND PROCUREMENT, AND DEVELOPMENT MATTERS AND WHO NOW SEEKS TO TRANSACT CITY BUSINESS AND REPRESENT CLIENTS IN MATTERS COMING BEFORE THE CITY COMMISSION FOR ITS CONSIDERATION. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. By a 4/5ths affirmative vote of the members of the City Commission, after a duly advertised public hearing, the following findings are hereby made concerning the prohibition against business transactions with the City and appearances by a former City officer, official or employee before the Commission within 2 years after leaving City employment as such prohibition may apply to HOWARD V. GARY, who last served as City Manager on December 6, 1984 and who has since been engaged as a consultant in zoning, land use, minority economic development and procurement, and development matters since that date: (a) That in none of the matters set forth in Subsections 2(a) and (b) hereof which are forthcoming before the City Commission did the former official, HOWARD V. GARY, participate personally or substantially through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise but that in the matters set forth in Subections 2(a) and (b) hereof which are forthcoming before the City Commission there may be contracts or business transactions with the City or an agency acting for the City involved which CITY COMMISSION MEETING OF FEB 1, Me FL �1, deal with events and developments that have arisen and taken place since December 6, 1984, and that engagement of and appearances by as well as HOWARD V. GARY'S participation in these matters will be to the best interest of the City. (b) That the personal appearance of HOWARD V. GARY in the matter set forth in Subsection 2(c) hereof will not unduly or improperly influence the decision -making process of the members of the City Commission or any City board and that the services of HOWARD V. GARY are unique and his services and appearances in this matter cannot be available to the City without entering a transaction which would violate the City Code but for the granting of this waiver. Section 2. The prohibition against city business transactions and appearances by a former City officer, official or employee before the City Commission within 2 years after leaving City employment as such prohibition may apply to HOWARD V. GARY, who last served as City Manager on December 6, 1984 and who has since been engaged as a consultant in zoning, land use, minority economic development and procurement, and development matters and who now seeks to transact business with the City and represent clients in the following matters which are forthcoming before the City Commission, is hereby waived: (a) The matter of low/moderate income housing development off Claughton Island, pursuant to Resolution No. 85-812, adopted July 25, 1985. (b) The matter of the Rouse/Bayside Project Development. (c) Consultation in City budget and finance matters. PASSED AND ADOPTED this 1312 day of FFBRuARv 1986. XAVIER L. S9AREZ, MAYOR ATTES MATTY HIRAI, CITY CLERK 8 6 -1 14 PREPARED AND APPROVED BY: CHIEF CITY ATTORNEY J APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERtLY, CITY ATTORNEY RFC/rr/040 a 1 .0 CITY 0� n1IA",,, t , OQ!!` INTER -OFFICE. MEMORAW)(P-1 TO Honorable Mayor and Member of the City Commission `F','"' '.Lucia A. Dougherty J') City Attorney February 3, 1986 '„, City Commission Agenda of 1/23/86 (1) Under separate cover we will be forwarding for placement on the February 27, 1986 Agenda a resolution formalizing Motion No. 86- 61 adopted 1/23/86, entitled: "A MOTION OF THE CITY COMMISSION APPROVING THREE LOCATIONS, PRESENTED TO THE CITY COMMISSION BY DEVELOPERS IN CONNECTION WITH LOW/MODERATE INCOME HOUSING DEVELOPMENT OFF CLAUGHTON ISLAND, AND IDENTIFIED AS FOLLOWS: '(1) THE SHELL CITY SITE, (2) THE EAST LITTLE HAVANA SITE, AND (3) THE VIZCAYA METRORAIL SITE,' PURSUANT TO R-85-812; ACCEPTING SAID SITES SUBJECT TO TENDER BY CLAUGHTON ISLAND DEVELOPERS OF THREE MILLION TWO HUNDRED THOUSAND DOLLARS ($3,200,000) IN CASH, TO BE EQUALLY DISTRIBUTED BETWEEN THE SHELL CITY SITE AND EAST LITTLE HAVANA SITE DEVELOPMENT TEAMS; FURTHER, REQUIRING CLAUGHTON ISLAND DEVELOPERS TO ASSUME THE OBLIGATION TO PURCHASE AND SUBSEQUENTLY SELL OR RENT, AS LOW/MODERATE INCOME AFFORDABLE HOUSING, UPON DELIVERY FROM THE CONTRACTOR, 104 HOUSING UNITS AT THE 'VIZCAYA METRORAIL' SITE; PROVIDING FOR RELEASE OF DEVELOPER'S OBLIGATIONS UPON FULFILLMENT OF ALL THE PREVIOUSLY STATED OBLIGATIONS." At the meeting of January 23, 1986, in connection with the discussion of Item 11A., Motion No. 86-56 was adopted and the attached proposed resolution was prepared after contacting former City Manager Howard V. Gary. The resolution embraces two subjects other than and in addition to the Claughton Island Low/Moderate Income Housing Development: Development of Rouse/Bayside Project and Consultation in City budget and finance matters. The resolution requires a 4/5ths affirmative vote and has been advertised to be heard at 11:30 A.M. at the February 13th City Commission Meeting. LAD/RFC/rr/040 ec: Cesar H. Odic, City Manager _8 6 _- .x .i.4.