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Legislation
Resolution
File Number: 08-01552
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF
INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE,
TO ENABLE JAY SOLOWSKY TO ENTER INTO AN AGREEMENT TO TRANSACT
BUSINESS WITH AND FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF
THE CITY OF MIAMI, FOR THE PURPOSE OF REPRESENTING THE
DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI IN
PROCEEDINGS FILED BY MILAN INVESTMENT GROUP, INC., IN THE CIRCUIT
COURT OF THE 11TH JUDICIAL CIRCUIT, CIVIL DIVISION, CASE NO.: 08-77800
CA 08.
WHEREAS, Milan Investment group, Inc. recently filed and served the Downtown Development
Authority of the City of Miami ("DDA") with a complaint filed in the Circuit Court of the 11th Judicial
Circuit, Civil Division, Case No.: 08-77800 CA 08 (the "Litigation"); and
WHEREAS, Jay Solowsky was a member of the Board of Directors of the DDA since his
confirmation by the Miami City Commission on November 9, 2007, with a separation date of December
17, 2008; and
WHEREAS, Mr. Solowsky is a licensed attorney in the State of Florida with a broad base of
experience in litigation and class action matters, and extensive knowledge on the operations of the
DDA; and
WHEREAS, the nature and extent of the DDA's position in the current Litigation will hugely benefit
from Mr. Solowsky's expertise; and
WHEREAS, Section 2-612 of the Code of the City of Miami, Florida, as amended ("City Code"),
prohibits a member of any board of the City of Miami ("City") from entering into a contract or
transacting any business with the City or an agency acting on behalf of the City for a period of two
years after separation; and
WHEREAS, Section 2-614 of the City Code allows the City Commission to waive such prohibitions
if a contract is in the best interest of the City, and as in this case, the DDA;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Cih' of Miami Page I of 2 Printed On: 12/29/2008
File Number: 08-01552
Section 2. The prohibitions contained in Sections 2-612 of the City Code, are waived pursuant to
Section 2-614 of the City Code, by a four-fifths (4/5ths) affirmative vote of the members of the City
Commission, after an advertised public hearing, as such prohibitions pertain to Jay Solowsky, former
member of the Board of Directors of the DDA.
Section 3. The waiver set forth in Section 2 hereof is based upon the following findings:
(a) Jay Solowsky resigned from his position as a member of the Board of Directors of the DDA on
December 17, 2008;
(b) Jay Solowsky's services are in the best interest of the City and of the DDA.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1)
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY�:�
Footnotes:
{1) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 12/29/2008