HomeMy WebLinkAboutR-90-0807J-90-814
10/10/90
RESOLUTION NO. 9 0_ 807
A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
AFTER A DULY ADVERTISED PUBLIC HEARING, THE
PROHIBITION AGAINST THE TRANSACTION OF
BUSINESS WITH A CITY OFFICER, OFFICIAL,
EMPLOYEE, OR MEMBER OF ANY BOARD, COMMISSION
OR AGENCY BEFORE THE CITY COMMISSION AS SUCH
PROHIBITION APPLIES TO JOHN LOWELL, JR., A
MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY
BOARD AND PRESIDENT OF MIAMI CAPITAL
FACILITIES, INC., THE GENERAL PARTNER OF
MIAMI CAPITAL FACILITIES, LTD., THE LEGAL
ENTITY PROPOSED FOR THE DESIGN AND
CONSTRUCTION OF THE FEDERAL LAW ENFORCEMENT
BUILDING.
WHEREAS, on July 12, 1990, the City of Miami Commission
adopted Resolution No. 90-535 accepting the recommendation of the
City Manager for the selection of Miami Capital Facilities, Inc.
as the successful proposer for the design and construction of the
Federal Law Enforcement Building to be located on a City -owned
land parcel on Block 78N, bounded by NE 4th and 5th Streets and
NE 1st and North Miami Avenues in downtown Miami, Florida; and
WHEREAS, Resolution No. 90-535 further authorized and
directed the City Manager to negotiate an agreement with Miami
Capital Facilities, Ltd. for the design and construction of the
Federal Law Enforcement Building; and
WHEREAS, John Lowell, Jr., is a member of the Downtown
Development Authority Board and the president of Miami Capital
Facilities, Inc., General Partner of Miami Capital Facilities,
Ltd.;
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. By a 4/5ths affirmative vote of the members of
the City Commission, after a duly advertised public hearing, the
following findings are hereby made concerning the prohibition
against the transaction of business with a city officer,
official, employee, or member of any board, commission or agency
before the Commission as such prohibition may apply to John
Lowell, Jr., a member of the Downtown Development Authority
Board:
A. That in the matter that is set forth in Section 3
hereof which is forthcoming before the City Commission
John Lowell, Jr., President of Miami Capital
Facilities, Inc., the General Partner of Miami Capital
Facilities, Ltd., did not participate personally or
substantially through decision, approval, disapproval
recommendation, the rendering of advice, investigation
or otherwise.
B. That in the transaction of business with John Lowell,
Jr., President of Miami Capital Facilities, Inc., the
General Partner of Miami Capital Facilities, Ltd.,
involving the matter that is set forth in Section 3
hereof, the services offered the City are unique in
character by reason of such services being most
advantageous to the City as determined following an
open competitive procurement process. Further, the
agreement to be brought before the City Commission with
Miami Capital Facilities, Ltd. will be in the best
interest of the City.
Section 3. The prohibition against the transaction of
business with a City officer, official, employee, or member of
any board, commission or agency before the City Commission as
such prohibition may apply to John Lowell, Jr., a member of the
k
-2- 90 807
Downtown Development Authority Board and president of Miami
Capital Facilities, inc., General Partner of Miami Capital
Facilities, Ltd., whose agreement in the following matter is
forthcoming before the City Commission, is hereby waiveds the
design and construction of the Federal Law Enforcement Building
in Miami, Florida.
Section 4. This Resolution shall be in effect immediately
upon its adoption.
PASSED AND ADOPTED this 18th day of ctober , 1990.
AYMA
XAVIER L. SU E , MAY
AI
City Clerk
PREPARED AND APPROVED BY:
LINDA K. EARS
Assistant City Attorney
APPROVED AS TO FORM AND
CORRECTNESS:
A [A
JO GE L. F RNANDEZ
City A to ey
LKK/pb/M1813
3-
d
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members
of the City Commission
FROM: Cesar H. Odio
City Manager
0414 \ �: \
DATE : OCTJ 1990 FILE :
SUBJECT : Waiver of Code Section
2-302/Federal Law
Enforcement Building
For City Commission
REFERENCES :Meeting of 10 / 11 / 9 0
ENCLOSURES:
It is respectfully recommended that the City Commission, after a
duly advertised public hearing, by a 4/5th affirmative vote of
its members, adopt the attached Resolution waiving the
prohibition against the transaction of business with a City
officer, official, employee, or member of any board, commission
or agency as such prohibition applies to John Lowell, Jr. who is
serving as a member of the Downtown Development Authority Board
and who is president of Miami Capital Facilities, Inc., General
Partner of Miami Capital Facilities, Ltd., the legal entity
selected to enter into negotiations for the design and
construction of the Federal Law Enforcement Building.
The Department of Development recommends the adoption of the
proposed Resolution so that an agreement may be executed, subject
to its approval by the City Commission, for the construction of
the Federal Law Enforcement Building in Miami.
On July 12, 1990 the City of Miami Commission adopted Resolution
No. 90-535 selecting Miami Capital Facilities, Ltd. as I the
successful proposer for the design and construction of the
Federal Law Enforcement Building in Miami. This resolution
further authorized the City Manager to negotiate an agreement
with Miami Capital Facilities,- Ltd. The City Manager will
present the negotiated agreement to the City Commission for its
consideration and approval.
John Lowell, Jr. serves as a. member of the Downtown Development
Authority Board and is president of Miami Capital Facilities,
Inc., General Partner of Miami Capital Facilities, Ltd. ;
City of Miami Code Section 2-302 prohibits the transaction of
business with an officer, official, employer or member of any
board, commission or agency of the City. The requirements of
this section may be waived as per Section 2-304 by a 4/5th
F
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Hon. Mayor and Members
of the City Commission
Page 2
affirmative vote of the members of the City Commission after a
duly advertised public hearing.
It is therefore requested that the City Commission adopt the
attached Resolution at a duly advertised public hearing scheduled
for October 11, 1990.
Attachment:
Proposed Resolution