HomeMy WebLinkAboutordinance.council.019-2021 ORDINANCE NO. 19
(SERIES OF 2021)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 23.48.060 — WHEELER OPERA HOUSE REAL ESTATE
TRANSFER TAX AND DELETING SECTION 23.48.061 — WHEELER OPERA HOUSE
RESERVE LINE ITEM OF THE MUNICIPAL CODE OF THE CITY OF ASPEN AND
SUBMITTING SUCH AMENDMENTS TO THE CITY ELECTORATE FOR
CONSIDERATION.
WHEREAS,pursuant to Section 5.5 of the Home Rule Charter of the City of Aspen,the City
Council, on its own motion, has the power to submit at a general or special election any proposed
ordinance or question to a vote of the people.
WHEREAS, the Wheeler Opera House real estate transfer tax ("WRETT") imposes a "real
estate transfer tax on every document in writing,where in or whereby title to real property situated
in the City is transferred, which tax shall be measured by the consideration paid or to be paid for
such grantor conveyance and shall be due and payable by the grantee at the time of transfer and
contemporaneously therewith."See City of Aspen Municipal Code, § 23.48.060(a).
WHEREAS, presently, funds received by the City of Aspen pursuant to the WRETT are
placed in a special revenue fund and are 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."See City of Aspen Municipal Code,
§ 23.48.060(c).
WHEREAS, City Council reaffirms its continuing support for the Wheeler Opera House as a
valuable asset of the City of Aspen and the use of taxes generated by the WRETT for the activities,
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operations, or physical improvements necessary to ensure a performing arts venue that provides
arts programming opportunities to the citizens of the community.
WHEREAS,presently, WRETT funds available for support of the visual and performing arts
are limited to one-hundred thousand dollars ($100,000.00) except if"approved by at least sixty
percent (60%) of the electors voting at a regular or special election."
WHEREAS, pursuant to Section 23.48.060(c) of the Aspen Municipal Code, as adopted
by Ordinance No. 20, Series of 1979, more than $100,000.00 of WRETT funds may be available
to support the visual and performing arts only if"approved by at least sixty percent (60%) of the
electors voting at a regular or special election"
WHEREAS, the Red Brick Center for the Arts has been supporting the arts since the
acquisition of the property by a vote of the citizens of Aspen in 1992 and is currently a home to
numerous local artists and other community serving groups and provides a venue for displays and
programs for local artists and community groups.
WHEREAS, the City Council supports the amendment of Section 23.48.060 to remove the
limitations on the use of taxes generated by the WRETT for the support of the cultural, visual and
performing arts and to include within the support of the cultural, visual and performing arts the
support of the Red Brick Center for the Arts, upon the approval of this Ordinance by at least sixty
percent (60%)of the electors voting at the coordinated election to be held on November 2, 2021.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
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Section 1
Section 23.48.060 — Wheeler Opera House real estate transfer tax, of the Aspen Municipal Code
is hereby amended as follows, with additions shown in bold, underline and deletions shown as
str-ilethfet*gh:
Sec. 23.48.060. Wheeler Opera House real estate transfer tax.
(a) Tax Imposed. There is hereby imposed a real estate transfer tax on every
document in writing, wherein or whereby title to real property situation in the city
is transferred, which tax shall be measured by the consideration paid or to be paid
for such grantor conveyance and shall be due and payable by the grantee at the time
of transfer and contemporaneously therewith. No document shall be recorded
whereby or wherein title to real property situation in the City is transferred until the
real estate transfer tax has been paid.
(b) Amount of tax. The amount of real estate transfer tax payable shall be
computed at the rate of one-half of one percent (.5%) of the consideration paid in
return for the transfer of ownership or title.
(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 for the
purpose of renovation, reconstruction and maintenance of the Wheeler Opera
House, er-for the payment of principal and interest on bonds issued for such
purposes and for the purpose of supporting the cultural,visual and performing arts,
including but not limited to, the capital and operational support of the Red
Brick Center for the Arts. , the City Couneil shall net appfopr4ate tin
excess of one hundfed thousand dollars ($100,000.00) of feal estate ir-ansfei: tax
r,nan), single ealendaf yeaf for- the purpose f s er-ting the and
0
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 ende"q:nent f�an erpetuity. Funds
available "for-the purpose of supper-ting the visual and pefthfMing arts" in additioti
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tieketingser � eime,and gfess af4ist eeneessions rcv'cirue
(d) Effective date. The provisions of this Section 23.48.060 shall be effective on
the first day of January 1980.
(e) Duration of ordinance. This section 23.48.060 shall continue effective
insofar as the levy of the real estate transfer tax is concerned through December 31,
2039; and insofar as the collection of the tax levied in the aforesaid period and
actions or proceedings for collecting any tax so levied, including interest and
penalties thereon and enforcing any of the provisions of this Chapter are concerned,
this Chapter shall continue effective until all of said taxes levied in the aforesaid
period are fully paid and any and all suits and prosecutions for the collection of said
taxes and for the punishment of violations of this Chapter shall have been fully
terminated.
(f) Provisions irreplaceable or unamendable. Subsections (b) and (c) of this
Section 23.48.060 providing for the amount of the tax and the application of funds
shall be and remain irrepealable and unamendable without the approval of the
electorate for the repeal or amendment pursuant to the requirements of Section 12.1
of the Charter of the City.
(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 purposes set forth herein, including
the visual and performing arts for the nextfrscal 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 2.
All previous amendments to Section 23.48.060, as set forth in the provisions above, are hereby
adopted.
Section 3.
See. 23.48.061 -Wheeler Opera House Reserve Line Item, adopted pursuant to Ordinance No.
3, Series of 2010, is hereby deleted in its entirety.
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Section 4.
This ordinance shall not affect any 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 conducted and concluded under such prior ordinances.
Section 5.
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 6•
Pursuant to Ordinance 20, Series of 1979, this Ordinance shall be effective only upon approval of
at least sixty percent(60%)of the electors voting at the coordinated election to be held on November
2, 2021. The ballot question submitted to the electorate by resolution of City Council shall be in
substantially the form that follows:
CITY OF ASPEN QUESTION NO.
CODE AMENDMENT - WHEELER OPERA HOUSE REAL ESTATE TRANSFER
TAX
Shall Ordinance No. 19,Series of 2021,which if approved by at least sixty percent(60%)
of the electors voting, will continue the use of the Wheeler Opera House real estate
transfer tax for the benefit of the Wheeler Opera House, will allow for the use of the
Wheeler Opera House real estate transfer tax for the purpose of supporting the cultural,
visual and performing arts, including the capital and operational support of the Red
Brick Center for the Arts,and will remove the current limitation of$100,000 on the grant
of funds generated by the tax for the purpose of supporting cultural, visual and
performing arts, including the support of the Aspen Red Brick Center for the Arts, be
approved?
Yes []
No []
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Section 7•
A public hearing on this ordinance shall be held on the 240' day of August 2021, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,Aspen City Hall,Aspen,
Colorado
Section 8•
The City Clerk is directed,upon the adoption of this Ordinance,to publish a copy of this ordinance in
a newspaper of general circulation within ten(10)days,or as soon as possible thereafter as possible.
INTRODUCED,READ AND SCHEDULED FOR SECOND READING as provided by law,by
the City Council of the City of Aspen on the 100'day of August 2021.
..Attest:
l l�
r
Nicole Henning, City Clerk Torre,Mayor
FINALLY adopted,passed and approved this 3 1"day of August 2021.
Attest:
Nicole Henning, City Clerk Torre,Mayor
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