HomeMy WebLinkAboutordinance.council.063-92(Series of 1992)
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, REPEALING ORDINANCE
NO. 10 (SERIES OF 1982) AND RE-ENACTING AN ORDINANCE TO CHANGE
THE POWERS AND DUTIES OF THE BOARD OF DIRECTORS OF THE WHEELER
OPERA HOUSE.
WHEREAS, the City of Aspen owns the historic structure known
as the Wheeler Opera House, located at the corner of south Mill
Street and East Hyman Avenue in the City of Aspen, Colorado, and
has the right and responsibility to manage the same; and
WHEREAS, the City Council did appoint a Board of Directors
of the Wheeler Opera House to undertake the management of the
Wheeler Opera House in accordance with Ordinance No. 10 (Series
of 1982); and
WHEREAS, the City Council desires to repeal Ordinance No. 10
(Series of 1982) and re-enact an ordinance to clarify that the
Board of Directors is to function as an advisory board and not a
managing board; and
WHEREAS, the city Council has authority to appoint such a
Board of Directors pursuant to Section 8.4 of the Charter of the
City of Aspen;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1. Establishment of the Board of Directors.
There is hereby established the Board of Directors of the
Wheeler Opera House for the city of Aspen, Colorado, which Board
of Directors shall serve for an indefinite term and at the
pleasure of the City Council.
Section 2. Composition; Term; Qualification.
The Board of Directors shall be constituted as follows:
(a) The Board of Directors of the Wheeler Opera House shall
consist of seven (7) members, who shall serve overlap-
ping three-year terms. The Board shall be appointed by
the city Council with one (1) appointee designated as
representing the film community, one (1) appointee
designated as representing the theater community, one
(1) appointee designated as representing the music
community, one (1) appointee designated as representing
the dance community and three (3) appointees designated
as at-large appointees who shall be selected primarily
for their financial and/or management and/or marketing
capabilities.
(b) Except for the filling of vacancies, all terms of
appointment shall be for three-year periods and the
terms of all Board members shall commence on January 1.
(c) All members of the Board of Directors shall serve at
the pleasure of the City Council and may be removed by
majority vote thereof.
(d) The Board of Directors is declared not to be a perma-
nent board within the meaning of Section 8.2 of the
Charter of the City of Aspen and, therefore, there
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shall be imposed no age or residency requirement for
membership on the Board of Directors nor shall candi-
dates for appointment be required to be qualified
electors.
The Aspen Council for the Arts (ACA) shall be the
nominating committee for the four arts discipline
appointees. The ACA shall nominate to the City Council
for appointment to the Board of Directors at least two
persons from the relevant art discipline upon a vacancy
of a seat designated for that art discipline or the
natural expiration of the term for that seat.
Section 3. Powers and Duties.
Generally, the Board of Directors is empowered to advise the
city of Aspen with the planning and management of the daily and
long-term operations of the Wheeler Opera House. These manage-
ment duties shall include the following:
(a) Recommend scheduling policy, priorities and rates for
the theater operations; and
(b) Recommend operating policy and rental rates for the
commercial space in the Opera House building.
Section 4~ Rules of Procedure.
(a) A quorum to transact the business of the Board
Directors shall consist of four (4) members.
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of
(b) At its first meeting (which shall be called by the City
Manager), the Board of Directors shall elect a chair-
person, vice-chairperson and secretary.
(c) The Board of Directors shall establish regular meeting
times and days. Special meetings may be called by the
chairperson or at the request of any two (2) members on
at least twenty-four (24) hour written notice to each
member of the Board of Directors, provided that a
special meeting may be held on shorter notice if all
members of the Board of Directors waive notice in
writing. No business shall be transacted at any spe-
cial meeting unless it has been stated in the notice of
such meeting.
(d) All regular and special meetings of the Board of Direc-
tors shall be open to the public except for executive
(closed door) meetings as are permitted by law. citi-
zens shall have a reasonable opportunity to be heard
and all minutes and other records of action of the
Board of Directors shall be made available to the
public.
(e) The Board of Directors may adopt by-laws for the con-
duct of its business not inconsistent with this ordi-
nance and the Charter
Aspen and shall adopt
deems necessary.
and Municipal Code of the city of
such rules Of procedure as it
Section 5. Severability.
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. Public Hearing.
A public hearing on the ordinance shall be held on the ~
day of ~ , 1992, 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 /~ day of
~ , 1992.
ATTEST:[
~ch, City Clerk
FINALLY adopted,
passed and approved this ~ day of
, 1992.
John S. nett, Mayor
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ATTEST;
Ka~,
City Clerk