2007-004
RESOLUTION NO. 2007-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, GRANTING LIMITED
WAIVER FROM PROIDBITION ON TRANSACTING
BUSINESS WITH THE CITY, AS AUTHORIZED BY THE
MIAMI-DADE COUNTY ETIDCS CODE, IN ORDER TO
ENABLE THE CITY TO PURCHASE MULTIPLE COPIES
OF THE CITY GillDE FROM CITY GillDE PUBLISIDNG,
INC.; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, City Guide Publishing, Inc. will soon publish a helpful City Guide to be
widely used by residents, tourists, visitors, and businesses in the City; and
WHEREAS, the City Manager desires to purchase multiple copies of the City Guide
from City Guide Publishing, Inc., as soon as it is available, and may purchase subsequent City
Guide publications; and
WHEREAS, the transaction with City Guide Publishing, Inc., qualifies as a sole
source purchase under the transaction, exemption provided by the State Ethics Code at Section
112.313(12)(e), Florida Statutes; and
WHEREAS, the necessity of the consideration of a waiver under Section 2-11.1 ( c) of
the County Ethics Code is created by the circumstance that one of the primary owners of City
Guide Publishing, Inc. (Commissioner Michael Stern) was elected to the City Commission of
the City of A ventura in March 2005; and
WHEREAS, the City Commission finds that it is appropriate to grant a waiver (the
"Waiver") of the restrictions of Section 2-11. 1 (c) of the Miami-Dade County Ethics Code as
authorized by subparagraphs (3) and (5) of paragraph (6), and specifically finds that:
a. The publication services to be involved in the proposed City
Guide purchase transaction are unique and the City cannot avail
itself of such services without entering into a transaction which
would violate subsection( c) of Section 2-11.1 but for a waiver of
its requirements, and
b. That the proposed transaction will be in the best interest of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Resolution No. 2007-04
Page 2
Section 1. Recitals. That each of the above stated recitals is hereby confirmed and
adopted, including the specific findings set forth therein.
Section 2. Prohibition Uoon Transaction is Waived. That the specific
transaction by which the City Manager shall be authorized to purchase multiple copies of the
City Guide from City Guide Publishing, Inc., once published and available, and for the
purchase of the City Guide from subsequent publications of it (if desired by the City Manager)
is hereby authorized, and a waiver of Section 2-11. 1 (c) of the County Code is hereby made
and granted upon the basis described above.
Section 3. Imulementation. That the City Manager is hereby authorized to take
any necessary action to implement the purposes of this Resolution.
Section 4. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof upon the favorable vote of two-thirds of the members of the City
Commission.
The foregoing Resolution was offered by Commissioner Diamond, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put to a vote,
the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Harry Holzberg
Mayor Susan Gottlieb
yes
yes
yes
absent from the room
yes
yes
yes
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Resolution No. 2007-04
Page 3
PASSED AND ADOPTED this 6th day of February, 2007.
Attest:
Approved as to Form and Legal Sufficiency:
HM~
City Attorney
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