HomeMy WebLinkAboutordinance.council.011-08ORDINANCE NO. 11
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AMENDING SECTIONS 23.48.060 (c) AND (g) TO CLARIFY THE DEFINITION OF
THE PHRASE "RENOVATION, RECONSTRCUTION, AND MAINTENANCE" AS
IT RELATES TO THE WHEELER OPERA HOUSE REAL ESTATE TRANSFER TAX
FUND (RETT) AND CLARIFYING APPROPRIATE EXPENDITURES FROM SAID
FUND.
WHEREAS, the electorate of the City of Aspen approved adoption of Ordinance No. 20,
Series of 1979, imposing a''/z of 1% real estate transfer tax for the purpose of renovation,
reconstruction and maintenance of the Wheeler Opera House or for the payment of
interest on bonds issued for such purposes and for the purpose of supporting the visual
and performing arts (limited to $100,000.00 per year); and
WHEREAS, the City of Aspen renovated and restored the Wheeler Opera House in 1984
for the purpose of establishing and providing the community with an active performing
arts facility whose mission is: to preserve the historical and cultural integrity of the
Wheeler Opera House; to nurture artistic diversity; to provide educational opportunities;
to provide local accessibility to the arts; and to provide excellence in performance and
production for community members and visitors. To that end, a professional staff
maintains the operations and physical facility; and
WHEREAS, the City of Aspen has used RETT funds and earned revenues to maintain the
operations and physical facility since the 1984 renovation; and
WHEREAS, in 1997 the electorate of the City of Aspen authorized the expiration date of
the real estate transfer tax to be extended to December 31, 2019; and
WHEREAS, the City Council established a separate fund (Endowment Fund) for the
future financing of the Wheeler Opera House and into which a certain portion of annual
net revenues in excess of the budgeted operating and capital expenses and operating
reserve shall be deposited; and
WHEREAS, the City Council also established expenditure and investment parameters for
said Endowment Fund in order to establish a secure funding source for the Wheeler
Opera House and local non-profit arts organizations considering first the operations and
capital improvements of the Wheeler Opera House and secondly to support local arts
non-profit organizations; and
WHEREAS, Merriam Webster's Collegiate Dictionary (10th Edition, 1993) defines
maintenance as both "the state of being maintained: support," and "the upkeep of property
or equipment;" and
WHEREAS, it is the goal and intention of the City Council to clarify the definition of
"maintenance" as it relates to the use of RETT funds and to define available revenue
sources for additional arts funding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
Wheeler Opera House real estate transfer tax. Section 23.48.060(c) of the Municipal Code is
hereby amended to read as follows:
(c) Application of funds. All funds received by the City of Aspen pursuant to this section
23.48.060 shall be deposited in the Wheeler Opera House real estate transfer tax special revenue
fund, which fund is hereby created. The account shall be subject to appropriation by the City
Council of the City of Aspen only for the purpose of renovation, reconstruction and maintenance
of the Wheeler Opera House or for the payment of principal and interest on bonds issued for such
purposes and for the purpose of supporting the visual and performing arts. However, the City
Council shall not appropriate in excess of one hundred thousand dollars ($100,000.00) of real
estate transfer tax funds in any single calendar year for the purpose of supporting the visual and
performing arts without obtaining the approval of sixty (60) percent of the electors voting at a
regular or special election on the same.. The City Council, pursuant to ordinance, and without an
election, may borrow money, issue bonds, or otherwise extend the credit of the city for renovation
and reconstruction of the Wheeler Opera House provided that the bonds or other obligations shall
be made payable from the funds derived from this chapter. For purposes of this section, the
following definitions shall apply: "Renovation, Reconstruction and Maintenance" shall be
defined as those activities, operations, or physical improvements necessary to ensure a
performing arts venue that provides arts programming opportunities to the citizens of the
community and an endowment fund in perpetuity. Funds available 'for the purpose of
supporting the visual and performing arts" in addition to the $100, 000 of real estate transfer tax
funds shall include all revenues generated by the operation of the Wheeler Opera House to
include gross revenues generated from lease agreements for space within [he GVheeler Opera
House, gross theater rental revenue, gross ticket processing fee and ticketing services revenue,
and gross artist concessions revenue.
Section 2.
Section 23.48.060(g) of the Municipal Code is hereby amended to read as follows:
(g) Administration. The Director of Finance shall administer this section 23.48.060
and shall prepare such forms and adopt such regulations consistent with this chapter, as he or she
deems necessary to implement the same. The Arts and Non Profit Grant Review Committee for
the City of Aspen shall submit a report to the City Council on an annual basis describing funding
activities for the past year and the available funds for the support of the visual and performing
arts for the next fiscal year. This section 23.48.060 shall be administered in accordance with
chapters 23.04 through 23.28 of this title, to the extent that they do not conflict with the
provisions of this section, for all taxes due or paid after November 1, 2000.
Section 3
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances repealed
or amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 4
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5
A public hearing on the ordinance shall be held on the 28`s day of April in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council
of the City of Aspen on the 14`h day of April, 2008.
~~~
Michael C. Ireland, Ma or
ATTEST:
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Kathryn S. Koc City Clerk
r
FINALLY adopted, passed and approved this ~ z day of "l 2008.
Michael C. Ireland, Mayor
Kathryn Koch,. ty Clerk