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HomeMy WebLinkAboutR-09-0020Vop City of Miami Legislation < U R �O Resolution: R-09-0020 File Number: 08-01552 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/15/2009 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY 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. Section 2. The prohibitions contained in Sections 2-612 of the City Code, are waived pursuant to City of Miand Page 1 of 2 File Id. 08-01552 (Version: 1) Printed On: 5/26/2017 File Number: 08-01552 Enactment Number: R-09-0020 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 } 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 File Id. 08-01552 (Version: 1) Printed On: 5/26/2017