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RESOLUTION NO. __________ 1
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A Resolution authorizing the City Manager to pay, out of City funds, the 3
attorney fees charged by Orlando Cabrera to review the South Miami 4
Community Redevelopment Agency Madison Square Development related 5
documents. 6
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WHEREAS, the South Miami Community Redevelopment Agency 8
(“SMCRA”) Board approved the SMCRA 2016-17 Fiscal Year budget on October 17, 9
2016; and 10
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WHEREAS, the City Commission approved the SMCRA 2016-17 Fiscal Year 12
budget on March 1, 2017 at a special Commission meeting; and 13
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WHEREAS, the budget has been submitted to the County for the approval of the 15
Miami-Dade County Board of County Commissioners pursuant to the terms of the 16
Interlocal agreement between the County, the City and the SMCRA; and 17
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WHEREAS, the SMCRA general counsel was instructed to seek the opinion of an 19
expert in the area of the Fair Housing Act, as it relates to affordable housing, such as 20
Orlando Cabrera; and 21
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WHEREAS, the SMCRA general counsel has drafted certain documents 23
necessary for the development of the Madison Square project which will need to be 24
reviewed by an expert in the Fair Housing Act; and 25
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WHEREAS, the Commission anticipates that the SMCRA will repay the City for 27
this expense once the SMCRA budget is approved by the County. 28
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 30
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 31
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Section 1.
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The above recitals are statements of fact held to be true and are 33
incorporated into the body of this resolution. 34
Section 2.
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The City Commission hereby authorizes the City Manager to pay, 36
out of City funds, the attorney fees charged by Mr. Orlando Cabrera to review the South 37
Miami Community Redevelopment Agency Madison Square Development related 38
documents. 39
Section 3.
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It is hereby declared to be in the best interest of the City to allow the 41
City Manager to make this express SMCRA expenditure out of the Emergency Reserve 42
Fund 051 which the 2014 Commission funded the full amount recommended by the City 43
Manager and the Government Financial Officers Association (GFOA) of 25%; 12.5% for 44
budget uncertainties and 12.5% for emergency response, as the issue at hand is a budget 45
uncertainty, and the City Manager is therefore specifically authorized to make the 46
expenditure listed above in such amount as necessary pursuant to this Resolution. 47
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Section 4.
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If any section clause, sentence, or phrase of this resolution is for 1
any reason held invalid or unconstitutional by a court of competent jurisdiction, the 2
holding shall not affect the validity of the remaining portions of this resolution. 3
Section 5.
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Effective Date. This resolution shall become effective immediately 5
upon adoption by vote of the City Commission. 6
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PASSED AND ADOPTED this ____ day of _____________, 2017. 9
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ATTEST: APPROVED: 11
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________________________ ________________________ 14
CITY CLERK MAYOR 15
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READ AND APPROVED AS TO FORM: COMMISSION VOTE: 18
LANGUAGE, LEGALITY AND Mayor Stoddard: 19
EXECUTION THEREOF Vice Mayor Welsh: 20
Commissioner Edmond: 21
Commissioner Harris: 22
_____________________________ Commissioner: Liebman 23
CITY ATTORNEY 24
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