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RESOLUTION 92-20545 RESOLUTION NO. 92-20545 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSOLIDATING, RESTATING AND AMENDING RESOLUTIONS NOS. 83- 17447 , 84-17882 , 86-18392, 88-19183 AND 89- 19781 CREATING THE COMMUNITY BENEFIT COMMITTEE FOR THE PERFORMING ARTS AS A CITY ADVISORY BOARD; AND ESTABLISHING ITS DUTIES, RESPONSIBILITIES, MEMBERSHIP, TERMS OF OFFICE AND FUNDING; AND PROVIDING FOR ADDITIONAL FUNDING USES. WHEREAS, the Theater of the Performing Arts (hereinafter sometimes referred to as "TOPA") is a municipal facility which the City Commission is desirous of making readily available to the residents of the City of Miami Beach to enhance the public good and to enrich the public amusement and general welfare of the residents of the City of Miami Beach; and WHEREAS, the City Commission of the City of Miami Beach hereby intends to create and implement the Community Benefit Committee for the Performing Arts as an advisory board to the City for the purpose of recommending the utilization of funds as hereinafter set forth, which funds shall be used to present and promote performances, programs, shows and entertainment at reduced admission prices or free admissions for the residents of Miami Beach; and WHEREAS, the City of Miami Beach and its residents shall benefit from this increased awareness, use and enjoyment of the Theater of the Performing Arts, which shall be facilitated by the creation of the Advisory Board to be known as the Community Benefit Committee for the Performing Arts; and WHEREAS, pursuant to Resolution No. 83-17447 , as amended by Resolutions Nos. 84-17882 , 86-18392 , 88-19183 and 89-19781, the City Commission of the City of Miami Beach created a Community Benefit Committee for the Performing Arts and set forth its duties, responsibilities, membership and funding. • NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1) That an Advisory Board to be called the "Community Benefit Committee for the Performing Arts" is hereby created, which shall consist of eleven (11) members, which members shall be appointed at large by the City Commission. 2) The eleven (11) members of the Community Benefits Committee for the Performing Arts shall include five (5) members who are primary users of the Theater of the Performing Arts, and six (6) members who are local community and civic leaders. All terms shall be for a two (2) year term expiring on December 1st of every even year, provided that current members shall serve until December 1, 1994 . 3) The duties and responsibilities of this Advisory Board shall include: a) Advise and recommend to the City Commission the most efficient allocation of City of Miami Beach Endowment funds mentioned below for the purchase of tickets for general performances and resale to senior citizens residing in Miami Beach at discounts of fifty (50%) per cent or more and to consider the presentation and promotion of performances, programs, shows and entertainment for the benefit and enjoyment of the residents of the City of Miami Beach to be held at the Theater of the Performing Arts at reduced admission prices, or for free admission to senior citizens residing on Miami Beach; b) Advise and recommend to the City Commission and the City administration the best procedures for publicizing the existence and availability of the above-mentioned tickets and performances, programs, shows and entertainment to the residents of the City of Miami Beach, including the method of distributing or selling such tickets to senior citizens residing on Miami Beach; c) Advise and recommend to the City Commission and the City administration suitable and first-class entertainers, artists, performances and presentations for the Theater of the Performing Arts as set forth herein; d) Such related duties and responsibilities as may be further resolved by the City Commission. 4 . There is hereby established and created a separate and independent City of Miami Beach interest-bearing bank account, which municipal bank account shall be administered and managed by the City of Miami Beach for the funding of the foregoing ticket purchases and additional performances, programs, shows and entertainment, and direct costs incurred for such purposes. For the Phantom of the Opera series only, which is tentatively scheduled for October 12th through November 20th, 1993 , the proceeds of the $1 surcharge from the Phantom series may be used to fund the improvements to TOPA as set forth in City of Miami Beach 2 4 Bid No. 91-91/92 , which are required to accommodate the Phantom of the Opera series. 5. The funding for this bank account shall be attained by imposing a One Dollar ($1. 00) per ticket surcharge on the tickets sold for each performance, inclusive of taxes on the surcharge. The One Dollar ($1. 00) ticket surcharge on the tickets sold for each performance shall not be included in the calculation of "gross receipts" nor included in any gross receipts rental charge, nor in any other way considered a part of the rental, paid by the lessees of the Jackie Gleason Theater of Performing Arts. This funding shall commence with the 1984-1985 fiscal year on November 1, 1984 and be applicable to the Jackie Gleason Theater of the Performing Arts ' performances thereafter. The aforementioned surcharge shall be contingent upon a majority of the votes in the City of Miami Beach Special Election on November 1, 1983 , being in favor of the issuance of general obligation bonds for structural and acoustical additions, renovations and improvements to the Jackie Gleason Theater of the Performing Arts. The City Internal Auditor shall have the authority to audit books and records of each promotor who collects the $1. 00 surcharge, said audit to only pertain to the box office statements for each event. The $1. 00 surcharge set forth herein shall not be subject to waiver under any circumstances. 6. This resolution shall remain in effect, unless repealed, until the retirement or maturity of the aforementioned Theater of the Performing Arts general obligation bonds, whichever first occurs. 7 . Resolutions Nos. 83-17447 , 84-17882 , 86-18392, 88-19183 and 89-19781 are hereby consolidated, restated and amended to conform with this Resolution. PASSED and ADOPTED this 8th dao f July , 1:92 .+ irP1 \ I 1 r MAYOR ATTEST: .f'.---.0.? i. )cliv„,..k,A E-7?)-v-44,„A-.. FORM APPROVED CITY CLERK -firs-h2_ LE f L DEPT. PNB: lm B d1011111:c.--t-- ACP C:RESOLUTI\COMBENEF.PER July 1, 1992 Date VV72- 3 i ORIGIN AT r W RESOLUTION tT0. 92--2054.E Consolidating, g, restating and amending ResolutionNos. 83-17447, 84-17882, 86-18392, 88-19183 and 89-19781 creating the Community Benefit Committee for the Performing Arts as a City Advisory Board; and establishing its duties, responsibilities, membership, terms of office and funding; and providing for additional funding uses.