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HomeMy WebLinkAboutO-09576J-83-23 rr ORDINANCE NO.!� _j � "_._ AN ORDINANCE AMENDING SECTION 53-161 OF THE CODE OF THE CITY OF MIA,MI, FLORIDA, AS AMENDED, BY PROVIDING FOR VARIABLE RATES FOR TICKETED EVENTS AT THE' M.IAMI CONVENTION CENTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City Commission adopted Ordinance No. 9393 on March 16, 1982 which established the schedule of rents, rates and charges for the use and occupancy of and the services to he furnished in connection with the Miami Convention Center; and WHEREAS, the firm of Laventhol and Horwath was appointed as an outside consultant to prepare and submit a schedule of rates, rents, fees and charges as required by the Bond Trust Indenture and as authorized by Resolution No. 81-1041, dated December 10, 1981; and WHEREAS, Laventhol and Horwath have recently reviewed the adopted schedule of rents, rates, fees and charges and have found the schedule lacks flexibility to competitively meet seasonal fluctuations and multiple use conditions as evidenced by its attached letter dated December 1, 1982; and WHEREAS, the professional management firm, FMG/Miami, under contract to the City of Miami for the management and operation of the Miami Convention Center, recommends that the rate conditions for ticketed events be amended enabling it to better meet competitive conditions; and WHEREAS, the recommended amendment to the schedule of rates, rents, fees and charges has been discussed with bond counsel who advises that the amendment would not be contrary to the covenants of the Bond Trust Indenture; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 53-161 of the Code of the City of Miami, Florida, as amended is hereby amended in the following particular_s:l "Sec. 53-161. Schedule of. fees. The schedule of rents, rates, fees and charges for the use or occupancy of and for the services furnished or to be furnished in connection with the Miami Convention Center of the City of Miami/University of Miami James L. Knight International Center, also known as the "Miami Convention Center", is established as follows: (1) Theater Auditorium Rates: Section(s) Seating Capacity Rental Rates* 1 2,000 (front, permanent) $1,050 2 2,000 (rear, permanent) 950 3 1,000 (front, movable 600 1; and 2 4,000 2,000 1, 2 and 3 5,000 2,600 *Per event. If the event is a ticketed event, the greater of 12 percent of the gross box office receipts or the rental rate is required. (A ticketed event shall mean an event where admission and entry is conditioned upon the purchase of a ticket or payment of a fee by the patron.) If necessary to match or charge a lesser amount than the amount charged by_a competing Facility, Miami Convention Center management may lower the percentage of gross box office receipts from 12% to 7% if such matching or reduction results in the event being booked at the Miami Convention Center. Under no circumstances shall the matched or reduced fee result in 2ayment of less than the daily rate of 2,600. All such negotiated rates shall be subject to the approval of the Executive Director of the Miami Convention Center. (2) Meeting and Seminar Space: (3) Ancillary Service Charges: Section 2. All ordinances or parts of ordinances in conflict herewith, insofar as they are in conflict, are hereby repealed. 1 Underscored words and or figures shall be added. Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 11 91576 section 3. If any section, part «f section, Paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaini.n(t provisions of this ordinance. shall not be affected. PASSED ON FIRST READING BY TITLE only this_ loth day of February. , 1983. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this Kith day of march--, 1983. Maurice A. Ferrc: MAURICE A. FERRE MAYOR EST U RALPH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: t �• C ,t�/Z l T"� ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: .•,3 SE R. GARCIA-PEDROSA ./CITY ATTORNEY V I, Ralph G. Ongie, Clerk of the City of ;Miami, Florida, -( , leer y ;by C. 11 that on the _.....d1y of A. 1). l') � a fuli. true and coricct e'n., of t;t.: an.i lr,..-,, ;;n�- ordiu-mce %%as tr.. i, _: ' 'i -.,r OI the L`:+uL: Court llou>c :it (its t:ix: 11:," fur notic:s :t'1J }n;h ica.i0a; by «ttaciJ!:i! ',di.r the }tla.:c Wl-F9N�LSS niy liand an ...tt uftrc;:tl al C ity thisp£'.... 1a> oT ..................... ._ :�. u. 13 . " .. c.tty C.lrrh -3- t 9576 CITY OF MIAMI. FLORIDA 19 INTER -OFFICE MEMORANDU�Y MANAGGR'S OFFICE E To Howard V. Gar I°43 JAN ' 1 � y LATE January 10, 1983 FILE _-- - City Manager SUBJECT Proposed Ordinance Amending Section 1 of Ordinance No. 9393, adopted March 16, 1982 FROM C. Dean Hofineister, Exe ir. REFERENCES City of Miami/University of Miami James L. Knight Intl. Center ENCLOSURES. It is recommended that the proposed Ordinance be adopted amending Section 1 of Ordinance No. 9393 adopted March 16, 1982 which established the schedule of rents, rates, and charges for the use and occupancy of and the services furnished or to be furnished in connection with the Convention Center of the City of Miami/University of Miami James L. Knight International Center by providing for variable rates for ticketed events at said Center. The City's contracted management firm for the management and operation of the Miami Convention Center, FMG/Miami, Inc., have reported our present fee conditions for ticketed events in the Center are too rigid. They feel the schedule lacks the flekibility not only to meet competitive situations but also to interest promoters to book the facility for multiple use events. We requested the firm of Laventhol & Horwath to review their recommendations which had been adopted by the City Commission. March 16, 1982 (Ordinance No. 9393) in light of the report from FMG/Miami, Inc. Laventhol & Horwath concurred with the opinion of FMG. They evidenced this concurrence with their attached letter dated December 1, 1982 in which they also outlined their recommended remedy of the situation. Based on the L & H recommendation additional wording is proposed amending Ordinance No. 9393 by providing for variable rates based on gross box office receipts enabling competitive conditions to be met and thereby increasing use of the facility and resulting revenues. The amendment would change the percentage based on gross box office receipts from a set 12% to 7-12% negotiated to meet competition and secure the booking of the event. It is recommended the proposed Ordinance amending Section 1 of Ordinance No. 9393 dated March 16, 1982 which established the schedule of rents, rates, and charges for the Miami Convention Center by providing for variable rates for ticketed events be adopted. cc: Cesar Odio Law Department Management and Budget 957 LAVENTHOL & HORWATH CERTIFIEC PUBLIC ACCOUNTANTS Mr. C. Dean Hofineister Executive Director James L. Knight International Center 150 S. E. 2nd Avenue, 12th floor Miami, Florida 33131 Dear Mr. Hofineister: 201 ALHAMBRA CIRCLE CORAL GABLES, FL 33134 (305)442-2000 TELEX 264822 A MEMBER OF HORWATH 3 HORWATH INTERNATIONAL WITH AFFILIATED OFFICES WORLDWIDE December 1, 1982 At your request, we have reviewed our February 8, 1982 letter concerning theater/auditorium rates for the James L. Knight International Center. In our letter, we indicated that the percent- age of gross box office receipts for ticketed events should be ap- proximately 12 percent. Our recommendation of this percentage level was intended to be used as a guideline establishing a published price range for the Center's space with each event to be negotiated on an individual basis. To expand upon and clarify our recommended rate structure, we provide the following facts obtained through our re- search: The James L. Knight International Center is price -competitive with both major convention centers and with smaller audi- toriums/theaters for ticketed events. Rates quoted at comparable theaters gen- erally ranged between 10 and 15 percent of gross ticket revenue. However, the rates are flexible and each event is ne- gotiated on an individual basis. Generally, for multiple users and volume attractions, the percentage is lowered considerably, with 6% to 7% being charged at many centers. 95 7 6 r 0 Mr. C. Dean Hofineister -2- December 1, 1982 Seasonality, when demand levels fluc- tuate between high and low periods, is an important factor to consider when ne- gotiating the final price charged for an event. For example, during the winter months in Miami, demand levels are gen- erally strong. Therefore, the James L. Knight International Center should be able to command high rates during this period and vice versa during the summer months. Both public and private theaters nego- tiate contracts on an individual basis. The final decision concerning an event's price should be left to the discretion of the theater's day-to-day management. It is this individual who is in the best position to know whether an event must be discounted or not in order to maximize utilization and subsequently revenues. Negotiating flexibility should not have a negative impact on the ability of the Center's rate schedule to meet requirements of the Bond Trust Indenture. To this end, a more competitive pricing structure should attract more frequent bookings resulting in increased revenue. In summary, to enhance the James L. Knight International Center's competitive position with comparable auditoriums/theaters, we believe the facility should establish a working price range in their ticketed events and negotiate each contract on an individual basis. IIG/ov Very truly yours, LAVENTHOL & HORWATH Irw n I. Glick Senior Principal 9576 • MIAMI REVIEW AND DAILY RECORD °vbhsned Cauy except Saturday. Sunday and _egal Holidays Miami. Dace County. Fonda. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octefma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Advertising of the Miami Review and Daily Record. a daily lexcept Saturday, Sunday and Legal Ho(idaysl newspaper. published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI Re : ORDINANCE NO. 9576 in the X Court, was published in said newspaper in the issues of March 29, 1983 Alfiant further says that the said Miami Review and Daily Record is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day lexcept Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceoing the first publication of the attached copy of advertisement; and affiant further says that she has neither oaid n r promised any person, firm or corporation any discount, reb ,commission or refund or e -Au oso of securing this a r merit for publication i e said ewspaper. Swom to rind sabsijpbed before me this 29t h day ot.' Mai 1>;:_ a -_ . A.D.'g33 %r 4 T¢��Lie'Franco Notary Public," $Its of Florida at Large REAL) My Commission,explres.;Qec-2i:\i485. 0 CITY OF MIAMI, DADE COUNTY, FLORIDA LEGAL NOTICE All interested will take notice that on the 18Ih day of March, 1983. the City Commission of Miami, Florida adopted the following titled ordinances: ORDINANCE NO. 9575 AN ORDINANCE AMENDING SECTIONS 2.237, 2.238, 2.239, 2.239.1 AND SUBSECTION (5) OF SECTION 2-239.2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DEALING WITH THE MIAMI AUDIT ADVISORY COMMIT- TEE BY ENLARGING THE COMMITTEE'S MEMBERSHIP FROM 5 TO 6 MEMBERS, 5 MEMBERS BEING APPOINTED BY THE CITY COMMISSION AND 1 MEMBER BEING APPOINTED BY THE CITY MANAGER AND WITH ALL MEM- BERS SERVING AT THE WILL OF THE APPOINTING AUTHORITY; CHANGING THE ORGANIZATIONAL/ OPERATING STRUCTURE OF SAID COMMITTEE AND SET- TING FORTH THE BASIC RESPONSIBILITY OF THE COMMITTEE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9576 AN ORDINANCE AMENDING SECTION 53.161 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED, BY PROVIDING FOR VARIABLE RATES FOR TICKETED EVENTS AT THE MIAMI CONVENTION CENTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9577 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED: BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "INTERNATIONAL TRADE PROMOTION PROGRAM"; APPROPRIATING FUNDS FOR THE OPERA- TION OF SAID TRUST AND AGENCY FUND 1N THE AMOUNT OF $225,000; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE, ORDINANCE NO. 9578 AN EMERGENCY ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT ADMINISTRATION" FOR IMPLEMENTATION IN FISCAL YEAR 1982.83 FOR THE PURPOSE OF PROVIDING A COST LOCA- TION TO CAPTURE, RECORD, AND ALLOCATE ANY AND ALL EXPENDITURES RELATING TO SAID PROJECT WITH AN APPROPRIATION THEREFOR OF $440,000, FROM THE FOLLOWING SOURCES: $225,000 COMMUNITY DEVELOP- MENT BLOCK GRANT 8TH YEAR, $135,000 A LOAN FROM THE FY'83 GENERAL FUND BUDGET, $80,000 UMTA 1ST YEAR, FUNDED FROM REVENUES OF A LIKE SOURCE; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. ORDINANCE NO.9579 AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 9502 ADOPTED SEPTEMBER 23, 1982, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,1983, AS AMENDED BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND IN THE AMOUNT OF $42,271 FOR THE DEPARTMENT OF INTERNATIONAL TRADE PROMOTION, AND BY INCREASING GENERAL FUND REVE- NUE IN THE SAME AMOUNT FROM MISCELLANEOUS REV- ENUE FOR THE PURPOSE OF PROVIDING FUNDING FOR A MARKETING SERVICES ADMINISTRATOR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. RALPH G. ONGIE CITY CLERK U CITY OF MIAMI, FLORIDA Publication of this Notice on the 29 day of March 1983. 3129 M83-032901 'AR 27 0 0 MIAMI REVIEW AND DAILY RECORD cuoi,sne-1 vaol exceC! salurdav Suneav a Legal HcIldays M ami. Dace Coun!, F,onca STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Dianna Sluver, who on oath says that she is the Assistant to the Publisher of the Miami Review and Deily Record. a daily (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI Re: ORDINANCE NO. X X X In the was published in said newspaper In the issues of March 3, 1983 Court. Afliani further says that the said Miami Review and Daily Record is a newspaper published at Miami in said Dade County Florida. and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday. Sunday and Legal Holidaysl and has been entered as second class mall matter at the post office in Miami in said Dade County. Florida. for a period of one year next preced,ng the first publication of the attached copy of edvemsement: and alfient further says that she has neither peie nor promised any person. firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in thhei said newspaper. I $worn to -and subsonibed before me this 3rd day of marchi� A.D. ,g 83 j Betty J. 9rool s �Nol Public. State of Ftonon at Large (SEAL) My Commission expires June 1, 1983. CITY OF MIAMI, DADE COUNTY, FLORIDA NOTICE OF PROPOSED ORDINANCE NOTICE IS HEREBY GIVEN that the City Commission of the City of Miami, Florida, on March 10, 1983, in the City Commission Cham- ber at 3500 Pan American Drive, Miami, Florida, will consider the following Ordinance(s) on final reading and the adoption thereof. ORDINANCE NO AN ORDINANCE AMENDING SECTION 53-161 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING FOR VARIABLE RATES FOR TICKETED EVENTS AT THE MIAMI CONVENTION CENTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED: BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "INTERNATIONAL TRADE PROMOTION PROGRAM"; APPROPRIATING FUNDS FOR THE OPERA- TION OF SAID TRUST AND AGENCY FUND IN THE AMOUNT OF S225,000; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 2-237, 2.238, 2-239 2-239.1 AND SUBSECTION (5) OF SECTION 2.239.2 OF THE CODE OF THE CITY OF MIAMI, DEALING WITH THE MIAMI AUDIT ADVISORY COMMITTEE BY ENLARGING THE COMMITTEE'S MEMBERSHIP FROM 5 TO 7 MEMBERS BEING APPOINTED BY THE CITY COMMISSION AND 2 MEMBERS BEING APPOINTED BY THE CITY MANAGER AND WITH ALL MEMBERS SERVING AT THE WILL OF THE APPOINTING AUTHORITY; CHANGING THE ORGANI- ZATIONAL/ OPERATING STRUCTURE OF SAID COMMIT- TEE AND SETTING FORTH THE BASIC RESPONSIBILITY OF THE COMMITTEE; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. Said proposed ordinance(s) may be inspected by the public at the office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, during the hours of 8:00 a.m. to 5:00 p.m. All interested parties may appear at the meeting and be heard with respect to the proposed ordinance(s). Should any person desire to appeal any decision of the City Com- mission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made ii:cluding all testimony and evidence upon which any appeal may be based. RALCITY C ONGIE nR CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 3 day of March 1983. 313 M83-030310 MR 116 0 10 a MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Octelms V. Ferbeyre, who on oath says that she Is the Supervlsof, Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertlsentent of Notice In the matter of CITY OF MIAMI RE: ORDINANCE NO. Inthe ..... X.. X.. X ............................ Court, was published In said newspaper In the Issues of March 11, 1983 Afflant further says that the said Miami Review and Daily Rsead Is a newspaper published at Miami In said Deft County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except ed assecondSunday and Legal Holidays) at the) and post otfacO in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afilant further says that she has neither paid not promised any person, firm or corporation any discount, rebels, commission or refund for the purpose of securing this advpf{tsemont for publication I �aa wspsper. Sworn to and subscribed before me this 11th =' March 83 , day dl .... .... ....... A.D. t9 zl Betty J. Brooks (� Nstory Public, Slate of Florida at Large (SEAL) ' My Commission expires June 1, 141 & CITY OF MIAMI, DADE COUNTY, FLORIDA AMENDED NOTICE OF PROPOSED ORDINANCE NOTICE IS HEREBY GIVEN that the City Commission of the City of Miami, Florida, on March 18, 1983, in the City Commission Cham- ber at 3500 Pan American Drive, Miami, Florida, will consider the following Ordinance(s) on final reading and the adoption thereof. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 53-161 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PRO- VIDING FOR VARIABLE RATES FOR TICKETED EVENTS AT THE MIAMI CONVENTION CENTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED: BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "INTERNATIONAL TRADE PROMOTIONS PROGRAM"; APPRO- PRIATING FUNDS FOR THE OPERATION OF SAID TRUST AND AGENCY FUND IN THE AMOUNT OF $225,000; CONTAINING A REPEALER PROVISION AND SEVERABIL- ITY CLAUSE. ORDINANCE NO. _ AN ORDINANCE AMENDING SECTIONS 2-237, 2.238, 2.239, 2.239.1 AND SUBSECTION (5) OF SECTION 2.239.2 OF THE CODE OF THE CITY OF MIAMI, DEALING WITH THE MIAMI AUDIT ADVISORY COMMITTEE BY ENLARGING THE COMMITTEE'S MEMBERSHIP FROM 5 TO 6 MEMBERS, 5 MEMBERS BEING APPOINTED BY THE CITY COMMISSION AND 1 MEMBER BEING APPOINTED BY THE CITY MAN- AGER AND WITH ALL MEMBERS SERVING AT THE WILL OF THE APPOINTING AUTHORITY; CHANGING THE ORGAN IZATIONAUOPERATING STRUCTURE OF SAID COM- MITTEE AND SETTING FORTH THE BASIC RESPONSIBIL- ITY OF THE COMMITTEE; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. Said proposed ordinance(s) may be inspected by the public at the office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, during the hours of 8:00 a.m. to 5:00 p.m. All interested parties may appear at the meeting and be heard with respect to the proposed ordinance(s). Should any person desire to appeal any decision of the City Com- mission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. RALPHC ONGIE CITY nm CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 11 day of March 1983 13111 M83.031102 MR 111