HomeMy WebLinkAboutR-94-0563U-94-611 ,
7/19/94
RESOLUTION NO. 9 4- 563
A RESOLUTION WAIVING BY 4/5THS AFFIRMATIVE
VOTE OF THE CITY COMMISSION, AFTER- A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION
CONTAINED IN CITY CODE SECTIONS 2-301 THROUGH
2-304 AS SUCH PROHIBITIONS PERTAIN TO JACK
LOWELL, A FORMER MEMBER OF THE BOARD OF
DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, IN
RELATION TO HIS REPRESENTING THE EQUITABLE
LIFE ASSURANCE SOCIETY OF THE UNITED STATES
IN NEGOTIATING A LEASE AGREEMENT BETWEEN THE
DOWNTOWN DEVELOPMENT AUTHORITY AND THE
EQUITABLE LIFE ASSURANCE SOCIETY OF THE
UNITED STATES, FOR SPACE ON THE FOURTH FLOOR
OF THE FORMER JORDAN MARSH BUILDING, LOCATED
AT 1601 BISCAYNE BOULEVARD, MIAMI, FLORIDA,
TO HOUSE THE INTERNATIONAL TRADE CENTER.
WHEREAS, Jack Lowell is a former member of the Board of
Directors of the Downtown Development Authority (DDA) of the City
of Miami, Florida; and
WHEREAS, the City of Miami's Conflict of Interests
provisions are applicable to Jack Lowell because his resignation
from the DDA's Board of Directors in March, 1993, is within the
.-
two year limitation of Section 2-301(c) of the Code of the City
of Miami, Florida, as amended; and
WHEREAS, Jack Lowell is presently an agent for the Equitable
Life Assurance Society of the United States (ELASUS); and
WHEREAS, Jack Lowell, as agent for the ELASUS, seeks to
negotiate a lease agreement between the DDA and the ELASUS for
space to house the International Trade Center, a DDA project;
cm covnM=0N
MEETING OF
JUl261994
Resolution No.
9 4 - 593
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth' in this
Section.
Section 2. The prohibitions contained in Sections 2-301
through 2-304 of the City Code are hereby waived by a 4/5ths
affirmative vote of the City Commission, after a duly advertised
public hearing, as such prohibitions pertain to Jack Lowell, a
former member of the Board of Directors of the Downtown
Development Authority of the City of Miami, Florida.
Section 3. The waiver set forth in Section 2 hereof is
based upon the recitals and findings contained in Section 1
hereof and upon the following findings:
(a) The DDA desires to negotiate with Jack Lowell as
agent for the ELASUS to secure space to house the
International Trade Center, a DDA project, which
f'
relationship would be in violation of City Code
Sections 2-301 through 2-304 were there not a waiver of
the prohibition contained in said sections.
(b) The subject space was selected pursuant to an
open -to -all competitive selection process, including an
advertised Request For Proposals.
(c) The herein proposed transaction will be in the
best interest of the City of Miami and the DDA in
establishing the International Trade Center Project.
-2- 94- 563
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th day of JulY 1994.
STE HEN P. CLAR11, MAYOR
AT S :
MA TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
)"41 7. W
L E. MAXWELL
D UTY CITY ATT RNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. Q INN ES, III
CITY ATT EY
JEM/mis ss/M4487
94— 563
-3-
El
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 14
The Honorable Mayor and
JUL 19 Iggq
To: Members of the City Co Waiver Waiver of ProhibitioL
City of Miami Code
SUBJECT : Sections 2-301 to 2-304
Ces o
Cit r
FROM : REFERENCES
For Public Hearing
ENCLOSURES : F o r July 2 6, 1994
City Commission Meeting
Recommendation
It is respectfully requested that the City Commission approve the
attached resolution waiving the prohibition contained in City
Code Sections 2-301 through 2-304 as it applies to Jack Lowell, a
former member of the Downtown Development Authority (DDA) Board
of Directors, in relation to Mr. Lowell representing The
Equitable Life Assurance Society of the United States as its real
estate agent and negotiating a lease on its behalf with the
Downtown Development Authority for the fourth floor of the former
Jordan Marsh building at the OMNI mall, the site proposed for the
International Trade Center.
Background
The DDA has received a $2.5 million grant for the development of
an International Trade Center from the U.S. Department of
Commerce Economic Development Administration (EDA).
According to competitive request -for -proposals, as required by
the City of Miami and the EDA, IntraExpo, Inc. has been selected
as the developer of the proposed International Trade Center at
existing space at the OMNI Mall. Therefore, it is now up to the
DDA to negotiate a lease agreement with The Equitable, owners of
the property, in order to improve it and sub -lease said space to
IntraErpo, Inc.
The Equitable is represented in the negotiations by its agent,
Jack Lowell, a former DDA board member whose resignation was
tendered in March, 1993. As such, he is precluded for two years
by Sections 2-301 through 2-304 of the City Code from negotiating
any contract with the DDA or any other board or agency of the
City of Miami until such time as he obtains a waiver of this
conf<ict from the City Commission pursuant to Section 2-304.
It is respectfully requested that the City Commission approve the
attached resolution waiving the prohibition contained in City
Code Sections 2-303. through 2-304 and thereby permit the DDA to
negotiate with Jack Lowell as agent for The Equitable on the OMNI
space.
94- 563 dt/-J
DOWNTOWN DEVELOPMFNIT AUITH-DRITV
Bays0t, Plazr" Bu
33"' FIISCOVM!
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F12, _H1
MEMORANDUM
Matty Hirai June 20, 1994
City Clerk
Request for Public Notice
For Public Hearing
a ew D. rtz Schw �ch� rtz
Executive Director
Downtown Development Authority
Please make arrangements to publish a Notice of Public Hearing for a resolution for City
Commission approval requesting a waiver of prohibition as per City Code Section 2.301 through
2-304 as It applies to Jack Lowell, a former member of the Downtown Development Authority (DDA)
Board of Directors , In relation to Mr. Lowell representing the Equitable Life Assurance Society of
the United States as Its real estate agent, and negotiating a lease on Its behalf with the DDA for
space at the former Jordan Marsh building at the Omnl Mail, site proposed for the International
Trade Center, a DDA project.
The date and time of this public hearing will be July 26, 1994. at 2-0: 1? N
LAW -
APPROVED
Josephine Argudln
Assistant to the City Manager 11
MDS:MMA/a,nk
94- 563
A PUBLIC HEARING WILL BE HELD ON JULY 26, 1994 TO CONSIDER A
REQUEST FOR A WAIVER OF PROHIBITION (CITY CODE SECTION 2-301
THROUGH 2--304) BY THE CITY COMMISSION TO ALLOW JACK LOWELL,
F T AUTHORITY BOARD
A FORMER MEMBER OF THE DOWNTOWN DEVELOPD9.N
OF DIRECTORS, TO REPRESENT THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES IN THE NEGOTIATION OF A LEASE
AGREEMENT BETWEEN THE DOWNTOWN DEVELOPMENT AUTHORITY AND THE
EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES FOR
SPACE TO HOUSE THE INTERNATIONAL TRADE CENTER; TO BE LOCATED
ON THE FOURTH FLOOR OF THE FORMER JORDAN MARSH BUILDING;
1601 BISCAYNE BOULEVARD.
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94- 563