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HomeMy WebLinkAboutordinance.council.048-05ORDINANCE NO.48 (Series of 2005) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, REPEALING ORDINANCE NO. 5 (SERIES OF 2004) AND RE-ENACTING AN ORDiNANCE TO CHANGE THE COMPOSITION 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 comer 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of the Wheeler Opera House in accordance with Ordinance No. 10 (Series of 1982); and WHEREASi the City Council repealed Ordinance No. 10 (Series of 1982) and re-enacted an ordinance (Ordinance 63 of 1992) to clarify that the Board of Directors is to function as an advisory board and not a managing board; and WHEREAS, THE City Council repealed Ordinance No. 63 (series of 1992) and re- enacted an ordinance (Ordinance No. 5 Series of 2004) to change the powers and duties of the Board of Directors to clarify its role in establishing policies for the Wheeler Opera House and to expand the membership of the Board of Directors from seven (7) to nine (9) members; 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; and WHEREAS, the City Council desires to change the qualification requirements for Board of Directors members; and WHEREAS, the City Council desires to decrease the voting membership of the Board of Directors from nine (9) to seven (7) members; WHEREAS, THE City Council desires to disqualify Board candidates who have a conflict of interest as described in the City Charter (Section 4.7) as "a substantial personal or financial interest" in the operation of the Wheeler Opera House; and WHEREAS, the City Council desire to add a permanent, non-voting ex-officio seat on the Board of Directors for the designated representative of the Aspen Music Festival and School; 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, six (6) of whom who shall serve overlapping three (3)-year terms. The youth representative shall serve a one (1) year term. The Board shall be appointed by the City Council with one (1) appointee designated as representing youth, and six (6) appointees designated as at-large appointees who shall be selected primarily for their knowledge and experience in the performing arts and/or financial, management or marketing capabilities. (b) Except for the filling of vacancies, all terms of appointment shall be for three-year periods, commencing af the time of appointment, except for the youth representative appointment which shall be for a one-year period, commencing at the time of appointment. (c) The Aspen Music Festival and School (AMSF) or its successor organization that may have the right to the exclusive use of the Wheeler Opera House during the summer season shall appoint a representative to fill a permanent, non-voting, ex officio seat on the Board of Directors. By virtue of the Aspen Music Festival and School's Wheeler Opera House management responsibilities for a significant portion of the year, the AMFS representative shall be entitled to participate in any of the activities and deliberations of the Board, but shall not vote. (d) Except for the filling of vacancies, all terms of appointment shall be for three-year periods, commencing at the time of appointment, except for the youth representative appointment which shall be for a one-year period, commencing at the time of appointment. (e) All members of the Board of Directors shall serve at the pleasure of the City Council and may be removed by majority vote thereof. (f) The Board of Directors is declared not to be a permanent board within the meaning of Section 8.2 of the Charter of the City of Aspen and, therefore, there shall be imposed no age or residency requirement for membership on the Board of Directors nor shall candidates for appointment be required to be qualified electors. Section 3. Powers and Duties. Generally, the Board of Directors is empowered to advise the City of Aspen with the planning and policy related to the daily and long-term operations of the Wheeler Opera House. These management 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 of Directors shall consist of four (4) members. (b) At its first meeting (which shall be called by the City Manager), the Board of Directors shall elect a chairperson, 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 special meeting unless it has been stated in the notice of such meeting. (d) All regular and special meetings of the Board of Directors shall be open to the public except for executive (closed door) meetings as are permitted by law. Citizens 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 conduct of its business not inconsistent with this ordinance and the Charter of the city of Aspen and shall adopt such rules of procedures as it deems necessary. 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 Heating. A public hearing on the ordinance shall be held on the 28th day of November, 2005, 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 14th day of November 2005. ATTEST: Kathryn S. Kochv, City Clerk FiNALLY adopted, passed and ordered published this 28th day of November 2005. ATTEST: ~or Kathryn S. Koc~,~City Clerk