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<br />4 . That the proposed transaction will be in the best interest of the <br />City. <br /> <br />This subsection shall be applicable only to prospective transactions, and the City <br />Commission may, in no case, ratify a transaction entered in violation of this subsection. <br /> <br />Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed <br />to amend or repeal any other law pertaining to the same subject matter, <br /> <br />(d) FURTHER PROHIBITION ON TRANSACTING BUSINESS WITH THE CITY No <br />person included in the terms defmed in subsections (b)(l) through (6) and in subsection (b)(9) shall enter <br />into any contract or transact any business through a firm, corporation, partnership or business entity in <br />which that person or any member of the immediate family has a controlling fmancial interest, direct or <br />indirect, with the City or any person or agency acting for the City, and any such contract, agreement or <br />business engagement entered in violation of this subsection shall render the transaction voidable. <br /> <br />Extension of waiver. The requirements of this subsection may be waived for a particular <br />transaction only by four (4) affIrmative votes of the City Commission after public hearing. A waiver may <br />be given only after fmdings at a public hearing by four (4) affirmative votes of the City Commission that: <br /> <br />1. An open-to-all sealed competitive proposal has been submitted <br />by a City person as defined in subsection (b)(2), (3) or (4): or <br /> <br />2. The proposal has been submitted by a person or firm offering <br />services within the scope of practice of architecture, professional <br />engineering, or registered land surveying as defined by the laws of the <br />State of Florida and pursuant to the provisions of the Consultants' <br />Competitive Negotiation Act, and when the proposal has been submitted <br />by a City person defined in subsection (b)(2), (3), or (4); or <br /> <br />3. The property or services to be involved in the proposed <br />transaction are unique and the City cannot avail itself of such property or <br />services without entering a transaction which would violate this <br />subsection but for waiver of its requirements; or <br /> <br />5 . That the proposed transaction will be in the best interest of the <br />City. <br /> <br />This subsection shall be applicable only to prospective transactions, and the City <br />Commission may, in no case, ratify a transaction entered in violation of this subsection. <br /> <br />Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed <br />to amend or repeal any other law pertaining to the same subject matter, <br /> <br />Additionally, no person included in the term defined in subsection (b)(l) shall vote on or <br /> <br />Amendment to Code of Ethics Ordinance <br />Chapter 2 <br />11/22/99 - 2:32 PM <br /> <br />-4- <br />