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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01446 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER A PUBLIC
HEARING, AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ("HUD") FOR AN EXCEPTION TO THE COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") CONFLICT OF INTEREST
PROVISIONS, TO ALLOW A CITY OF MIAMI EMPLOYEE TO PURCHASE A
RALPH PLAZA II TOWNHOME, LOCATED AT 1680 NORTHWEST 39TH STREET,
UNIT 1, NIIAMI, FLORIDA, A PROPERTY/PROJECT FUNDED BY THE CITY OF
NIIAMI WITH HUD CDBG FUNDS; AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE.
WHEREAS, pursuant to Ordinance No. 11908, adopted April 13, 2000, the Miami City Commission
amended the Code of the City of Miami ("City Code") to allow City of Miami ("City") employees to
participate in various affordable housing programs administered by the City through the HOME
Investment Partnerships and State Housing Initiatives Partnership programs without seeking a waiver
of the requirements of City Code Section 2-612; and
WHEREAS, on July 16, 2004, $815,000 in Community Development Block Grant ("CDBG") funds
was allocated for predevelopment costs associated with the Ralph Plaza II project; and
WHEREAS, on May 15, 2007, Ms. Olga Bello, a City employee, signed a contract to purchase
townhome Unit 1 at Ralph Plaza II, located at 1680 Northwest 39th Street, Miami, Florida; and
WHEREAS, on September 24, 2007, the Department of Community Development requested from
the United States Department of Housing and Urban Development ("HUD") a determination as to
whether a conflict of interest would result from the City employee's purchase of a townhome at Ralph
Plaza II; and
WHEREAS, HUD determined that the CDBG conflict of interest provisions (24 CFR 570.611(c))
apply to the employee and that a conflict of interest does exist regarding said purchase; and
WHEREAS, the HLID CDBG Regulations provide a mechanism for the City to request an exception
to the CDBG conflict of interest provisions, on a case -by -case basis, by providing the following
documentation to HUD: (1) a disclosure of the nature of the conflict, accompanied by an assurance
that there has been public disclosure of the conflict, including a description of how the public
disclosure was made, and (2) an opinion of the City's attorney that the interest for which the exemption
is sought would not violate State or local law;
City of Miami Page 1 of 2 Printed On: 12/4/2007
File Number: 07-01446
NOW, THEREFORE, BE IT RESOLVED BY THE CONIMISSION 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 City Manager is authorized to submit a request to HUD for an exception to the
CDBG conflict of interest provisions to allow Ms. Olga Bello, a City employee, to purchase the Ralph
Plaza II townhome located at 1680 Northwest 39th Street, Unit 1, Miami, Florida, and to execute all
other necessary documents for said purpose.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. ' NDEZ
CITY AT
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: 12/4/2007