HomeMy WebLinkAboutR-04-0568City of Miami
Legislation
Resolution: R-04-0568
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00858 Final Action Date: 9/9/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, BYA FOUR -FIFTHS
(4/STHS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO
SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY
CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN
SECTION 2-612 OF THE CITY CODE, AS AMENDED, THAT MAY BE APPLICABLE
REGARDING THE APRIL 3, 2002 CITY OF MIAMI'S PURCHASE OF PROPERTY
LOCATED AT 1620-24 NORTHWEST 58th STREET, MIAMI, FLORIDA, FROM M.
ATHALIE RANGE, THE THEN AND CURRENT CHAIRPERSON OF THE VIRGINIA
KEY BEACH PARK TRUST.
WHEREAS, the Model City Community Revitalization District Trust ("Model City Trust") was
established, pursuant to Ordinance No. 12082, as a limited agency and instrumentality of the City of
Miami ("City"); and
WHEREAS, Ordinance No. 12082, as amended, defines the boundaries of a Model City
Homeownership Zone Pilot Project area; and
WHEREAS, Ordinance No. 12082, as amended, designates the Model City Trust as the vehicle to
administer the Model City Homeownership Zone Pilot Project; and
WHEREAS, Resolution No. 01-127, adopted February 8, 2001, appointed M. Athalie Range as
the Chairperson of the Virginia Key Beach Park Trust; and
WHEREAS, Resolution No. 01-1043, adopted September 25, 2001, approved the acquisition of
the property owned by M. Athalie Range; and
WHEREAS, the City, acquired property from M. Athalie Range on April 3, 2002, for the Model City
Homeownership Zone Pilot Project; and
WHEREAS, Section 2-612 of the Code of the City of Miami, Florida ("City Code"), prohibits an
official of a Board of the City from entering into any contract or transacting any business with the City
or agency acting for the City; and
WHEREAS, Section 2-614 of the City Code allows the City Commission to waive such
prohibitions under certain conditions; and
WHEREAS, consistent with the authority to waive a conflict of interest pursuant to Section 2-614,
this transaction involves property that is unique and the City cannot avail itself of such property or
services without entering into this transaction; and
WHEREAS, also consistent with Section 2-614, the proposed transaction would be in the best
interest of the City;
City of Miami
Page 1 of 2 File Id: 04-00858 (Version: 1) Printed On: 9/30/2016
File Number: 04-00858 Enactment Number: R-04-0568
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 2-611 and 2-614 of the City Code, are waived
by a four -fifths (4/5ths) affirmative vote of the members of the City Commission, after public hearing,
as such prohibitions may be applicable in the April 3, 2002 purchase of the property located at 1620-
24 Northwest 58th Street, Miami, Florida, by the City from M. Athalie Range, the then and current
chairperson of the Virginia Key Beach Park Trust.
Section 3. The waiver set forth in Section 2 hereof is based upon the following findings:
(a) The property is unique and the City could not avail itself of such property or services
without entering into this transaction;
(b) The transaction would be in the best interest of the City.
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: 04-00858 (Version: 1) Printed On: 9/30/2016