HomeMy WebLinkAboutR-83-0391J-83-344
rr RESOLUTION NO.
A RESOLUTION WAIVING THE REQUIREMENTS AND
PROHIBITION CONTAINED IN CITY CODE
SECTION 2-302; BY FINDING, AFTER A DULY
ADVERTISED PUBLIC HEARING, THAT IT IS IN
THE REST INTEREST OF THE CITY TO PERMIT
JOSE A. GARCIA, AN EMPLOYEE OF THE
BUILDING AND VEHICLE MAINTENANCE
DEPARTMENT, TO PARTICIPATE IN THE HOME
RENOVATION AND REHABILITATION PROGRAM
ADMINISTERED BY SAID DEPARTMENT'S HOUSING
DIVISION 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 Community Development Department Housing
Division administers this program; and
WHEREAS, Jose A. Garcia, a City of Miami Building and
Vehicle Maintenance Department employee, who resides within
the City, has applied for rehabilitation assistance under
this program; and
WHEREAS, said employee qualifies in all respects for
participation in said program except that he is employed by
the City and would be in technical violation of City Code
Section 2-302; and
WHEREAS, a waiver must be obtained for Mr Garcia'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 who have applied and
qualified for participation in this program have been given a
waiver;
CITY COMMISSION
MEETING OF
MAY 12 1983
S'3-- 391
4
4.
NOW, THEREFORE, RE I`I' RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, Fr,ORIDA:
Section 1. The authorization set forth in section 3
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) Jose A. Garcia, a City of 'Miami Building
and Vehicle Maintenance Department
employee, who resides within the City,
has applied and qualified for
participation in the home renovation and
rehabilitation program administered by
the City's Community Development
Department Housing Division through the
Communitv Development Rlock 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 employment by the City.
(c) The herein proposed participation will be
to the best interest of the City of
Miami.
Section 2. 3ased upon the findings set forth in Section
1 hereof, the requirements and prohibition contained in
Section 2-302 of the City Code are hereby waived.
Section 3. The City of Miami Community Development
Department Housing Division is hereby authorized to allow
Jose A. Garcia to participate in the home renovation and
rehabilitation program which it administers through the
Community Development Block Grant Program of the United
States Department of Housing and Urban Development.
PASSED AMD ADOPTED this 12th day of May , 1983.
Maurice A. Ferre
MAURICE A. FERRE
M A Y 0 R
' TEST:
Q
RAL.H G. ONGIE, CITY CIWRK
—2-
83 91
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PREPARED AND APPROVED BY:
��e ,
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
OSE R. GARCIA-PEDROSA
CITY ATTORNEY
-3-
E3-391
81
Howard V. Gary
City Manager
Dena Spillman, Director
Community Development
ir_- =-�c._ �c,,r:o�J CITY 1�1�"��CG ;,S ^; FiCE
April 27, 1983
Resolution Waiving Conflict of
Interest for City Employee in
Rehabilitation Assistance Program
City Commission Meeting
Agenda Item: May 12, 1983
It is recommended that the City Commission
waive the Conflict of Interest provision,
Section 2-302 of the Code of the City of
Miami to allow Jose A. Garcia an employee
of the Building and Vehicle Maintenance
Department of the City to receive assistance
through the Housing Rehabilitation Program.
The Rehabilitation Assistance Program administered by the Community Development
Department with Community Development Block Grant Funds is available to all
residents of the City, living in the designated Great Neighborhoods and meeting
the published eligibility requirements. The program guidelines prohibit persons
involved in the direct administration of the program and members of the
governing body of the City of Miami from participating in the program. City
employees who are not members of the Commission and who are not involved in the
administration of the program are eligible for assistance if they meet the
eligibility criteria.
From time to time, city employees have met the eligibility criteria and have
requested assistance through the Rehabilitation Program. These employees are
required, by the Code of the City of Miami, Section 2-302, to obtain a waiver
from the City Commission before such assistance can be approved.
The program guidelines established by the United States Department of Housing
and Urban Development do not allow the City to set up separate classes of
citizens based on their employment as a criteria for eligibility for assistance
programs. They do require that program staff and members of governing bodies
be ineligible for assistance from certain programs.
Based on the above, it is recommended that the City Commission approve the Waiver
of the Conflict of Interest provision to allow approval of the subject.
application.
/so
83--391