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HomeMy WebLinkAboutR-08-0443City of Miami Legislation Resolution: R-08-0443 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00721 Final Action Date: 7/24/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER AN ADVERTISED 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 HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM CONFLICT OF INTEREST PROVISIONS, TO ALLOW A CITY OF MIAMI EMPLOYEE TO PURCHASE A ST. JOHN VILLAGE TOWNHOME, LOCATED AT 1622 NORTHWEST 1ST AVENUE, UNIT2, MIAMI, FLORIDA, A PROPERTY/PROJECT FUNDED BY THE CITY OF MIAMI WITH HUD HOME 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, Florida, as amended ("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 ("HOME") and State Housing Initiatives Partnership ("SHIP") programs without seeking a waiver of the requirements of City Code Section 2-612; and WHEREAS, pursuant to Resolution No. 03-511, adopted May 22, 2003, the Miami City Commission approved the allocation of $665,417.32 in HOME funds to St. John Community Development Corporation, Inc. for the development of St. John Village Townhomes; and WHEREAS, on February 12, 2008, Ms. Ultrina Harris, a City employee, signed a contract to purchase Townhome Unit 2 at St. John Village Townhomes, located at 1622 Northwest 1st Avenue, Miami, Florida ("Property"); and WHEREAS, Ms. Harris' purchase of the Property is excepted from the City's conflict of interest restrictions pursuant to Ordinance No. 11908 and also would not violate any State of Florida conflict of interest provisions; and WHEREAS, the Miami -Dade Ethics Commission has issued an opinion that no conflict exists under the Miami -Dade County Conflict of Interest & Code of Ethics Ordinance at Section 2-11.1 to prevent Ms. Harris from purchasing a residence through the City's HOME -assisted program; and WHEREAS, the United States Department of Housing and Urban Development ("HUD") HOME regulations provide a mechanism for the City to request an exception to the HOME 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 City of Miami Page 1 of 2 File Id: 08-00721 (Version: 1) Printed On: 5/10/2017 File Number: 08-00721 Enactment Number: R-08-0443 opinion of the City's Attorney that the interest for which the exemption is sought would not violate State or local law; 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 City Manager is authorized{1} to submit a request to HUD for an exception to the HOME conflict of interest provisions to allow Ms. Ultrina Harris, a City employee, to purchase the St. John Village Townhome located at 1622 Northwest 1st Avenue, Unit 2, Miami, Florida. Section 3. The City Manager is authorized{1} to execute all necessary documents for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} 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: 08-00721 (Version: 1) Printed On: 5/10/2017