HomeMy WebLinkAboutPre LegislationJ-00-270
4/3/00
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 2/ARTICLE V OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS
OF INTEREST", TO ALLOW EMPLOYEES OF THE CITY
OF MIAMI TO PARTICTPATE IN THE VARIOUS
AFFORDABLE HOUSING PROGRAMS ADMINISTERED BY
THE CITY OF MIAMI THROUGH THE HOME INVESTMENT
PARTNERSHIP PROGRAM AND STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM WITHOUT
SEEKING A WAIVER THEREFOR, SUBJECT TO SAID
EMPLOYEE MEETING CERTAIN CRITERIA; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 11755, adopted February 9, 1999,
dmended Section 2-612 of the Code of the City of Miami, Florida,
as amended, ("Code") to remove the waiver requirement for city
employees wishing to participate in the Community Development
Block Grant assisted single family rehabilitation loan program,
subject to the employee meeting certain criteria; and
WHEREAS, Resolution No. 99-429, adopted June 22, 1999, the
City Commission approved and adopted the City's Five -Year
Consolidated Plan (1999-2004) which establishes a unified vision
and an opportunity for the City of Miami to shape its various
Community Development programs into effective and coordinated
strategies for the revitalization of its distressed
neighborhoods; and
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WHEREAS, one of the key strategies identified in the City's
Five Year Consolidated Plan emphasizes the establishment of
various affordable housing programs which are designed to
encourage City employees to reside in the City; and
WHEREAS, Resolution No. 99-705, adopted September 28, 1999,
the City Commission approved and adopted the City's revised
Local Housing Assistance Plans for the period covering fiscal
years 1995-1998 and 1998-2001, which allowed the City to
establish several new housing programs designed to promote
neighborhood revitalization through the rehabilitation of single
family. owner -occupied housing units and the provision of
financial incentives to City employees and middle income
families to reside in the City; and
WHEREAS, City of Miami employees wishing to participate in
the various affordable housing programs administered by the
Department of Community Development funded through the HOME
Investment Partnership Program and State Housing Initiatives
Partnership Program, are required, by the Code, to seek a
waiver, by Resolution, allowing them to do so; and
WHEREAS, the City Commission wishes to remove the waiver
requirement for City employees wishing to participate in the
above programs provided said employee meets certain
participation criteria as herein set forth; and
WHEREAS, to accomplish this, it is necessary to amend the
Code;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MINI, FLORIDA:
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Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Chapter 2/Article V of the Code of the City
of Miami, Florida, as amended, entitled "ADMINISTRATION/CONFLICTS
OF INTEREST", is hereby amended in the following particulars:"
"Chapter 2
ADMINISTRATION
ARTICLE V. Conflicts of Interest
Sec. 2-612. Transacting business with city;
appearances before city boards, etc.
(a) No person included in section 2-611 shall enter
into any contract or transact any business with the
city or any person or agency acting for the city, or
shall appear in representation of any third party
before any board, commission or agency of which such
person is a member. No employee shall appear in any
capacity on behalf of any third party before any board,
commission or agency of the city. Any such contract or
agreement entered into or appearance made in violation
of this section shall render the transaction voidable.
However this section shall not apply to an employee
participating in the Community Development Block Grant
assisted single family rehabilitation loan program and
the various affordable housing programs assisted
through the Home Investment Partnership Program and
State Housing Initiatives Partnership Program
administered by the department of community development
provided that the employee meets all criteria of the
program and provided that the City Manager approves the
participation of the employee and that the employee is
words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
identified as being an employee of the City of Miami in
applicable documents.
(b) The word "person" appearing in subsection (a) of
this section shall include officers, officials and
employees as set forth in section 2-611 hereof and the
following family members of such "person": spouse, son,
daughter, parent, brother or sister.
(c) The prohibition upon activity which is set forth
in subsections (a) and (b) of this section shall remain
in effect for a period of two years after the officer,
official, or employee has left city service or
terminated city employment.
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section S. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami, and upon the further grounds of the necessity to make
the required and necessary payments to its employees and
officers, payment of its debts, necessary and required purchases
of goods and materials and to generally carry on the functions
and duties of municipal affairs.
Section 6.
The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four -fifths of the members of the Comrrlssion.
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Section 7. This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor.='
PASSED AND ADOPTED BY TITLE ONLY this l3th day of
April , 2000.
JOE CAROLLO, MAYOR
In accordance with Mia i Code Sec. 2-36. since the M1a' no. indiceie F,p-r of
finis S;. IC l by Sic•n ag it i(
bscorns c` 3Ct Vz wall th,9 _iav_? Cs te;l (10)
regard',n; same, wiihout the ilz;�.� xercis vein.
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED •. TQ'FO AND CORRECTNESS/
0 VILARELLO
ATTORNEY
861:RCL
Y r:, City Clerk
If the Mayor does not sign this Ordinance, it shall become effective at
the end of ten calendar days from the date it was passed and
adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission.
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