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HomeMy WebLinkAboutordinance.council.054-83 RECORD OF PROCEEDINGS ' 10 Leaves ORDINANCE NO. (Series of 1983) AN ORDINANCE REPEALING ORDINANCE NO. 10 (SERIES OF 1982) AND ENACTING A NEW ARTICLE VIII, CHAPTER 2, TO THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, ESTABLISHING THE WHEELER OPERA HDUSE THEATER BOARD AS A PERMANENT BOARD PURSUANT TO SECTION 8.4 OF THE CITY CHARTER; DESCRIBING THE COMPOSITION OF THE BOARD, THE TELLS AND QUALIFICATIONS OF ITS MEMBERS, AND LISTING THE POWERS AND DUTIES OF THE BOARD WHEREAS, the City Council desires to repeal Ordinance No 10 (Series of 1982) pertaining to the Board of Directors of the Wheeler Opera House and, in its place, to enact a new Article VIII, Chapter 2, of the Municipal Code of the City of Aspen fcr the purpose of establishing a permanent board pursuant to Section 8.4 of the City Charter, which board shall undertake the manace- ment of the Wheeler Opera House Theater; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Ordinance No. 10 (Series of 1982) be and the same isi hereby repealed, and the appointments of the members establish ~d under said ordinance are hereby terminated. Section 2 ~' That the Municipal Code of the City of Aspen, Colorado, i~ hereby amended by adding an Article VIII, Chapter 2, which said article shall read as follows: "ARTICLE VIII. WHEELER OPERA HOUSE THEATER BOARD. Sec. 2-8000. Establishment of Wheeler Opera House Theate~ Board. There is hereby established a Wheeler Opera House Theater Board. Sec. 2-8001. Qualifications. All members of the Wheeler Opera House Theater Board shal be residents of the City and shall be qualified electors. RECORD OF PROCEEDINGS 10 Leaves Sec. 2-8002. Vacancies. Vacancies on the Wheeler Opera House Theater Board shall be filled for the remainder of the unexpired term by appoir :ment of the City Council. Public notice shall be made of suc vacancy prior to its being filled. Sec. 2-8003. Composition; Term. The Wheeler Opera House Theater Board shall consist of f ye (5) members who shall be appointed by the City Council t(. serve overlapping three-year terms. In making its appoiz~t- ments, the City Council shall designate one (1) member a~ representing the film community, one (1) member as repre~ ent- lng the music community, one (1) member as representing the dance community, and one (1) member as an at-large member who shall be selected primarily for that member's financial and/ or management and/or marketing capabilities. Except for the initial term of appointment and the filling of later vaca - cies, all members shall serve for terms of three (3) year each. All members shall serve at the pleasure of the Cit Council and may be removed by a majority vote thereof. Sec. 2-8004. Powers and Duties. The Wheeler Opera House Theater Board shall have the foll w- ing powers and duties pertaining to the management and lot ~- term operations of the Wheeler Opera House Theater, which shall be exercised subject to the statutes of the state ar the requirements of this code: To appoint and supervise a manager for the Wheeler Opera House Theater, who shall serve at the pleasure of the board. (2) To set scheduling policy, priorities and rates for th~ theater operations. (3) To submit an annual budget to the City Manager, which budget shall be subject to review and approval by the City Council. (4) To submit a five-year financial plan to the City Manacer annually, which plan shall be subject to review and approval by the City Council. The Wheeler Opera House Theater is defined to be the secon~ and third floors, the staircases and elevators thereto, and ground floor access area, all as is shown on that plan of t%e Wheeler Opera House filed in the office of the City Clerk at. the time of the adoption of this ~rticle, as it may be ~ amended from time to time. (Note. Obtain a copy of the plain and identify it more specifically.) Sec. 2-8005. Rules of Procedures. (a) A quorum to transact the business of the board shall consist of three (3) members. (b) At its first meeting in January, the board of director~ shall elect a chairperson, vice-chairperson and secre- 2 RECORD OF PROCEEDINGS 10i Leaves tary, who shall serve in such capacity until the first meeting in January of the succeeding year. (c) The board of directors shall establish regular meeting times and days. Special meetings may be called by :he chairperson or at the request of any two (2) member~ on at least twenty-four (24) hour written notice to each member of the board, provided that a special meetin, may be held on shorter notice if all members of the boa]d waive notice in writing. No business shall be tran~- acted at any special meeting unless it has been stared in the notice of such meeting. (d) All regular and special meetings of the board shall be open to the public except for executive meetings as per- mitred by law. Citizens shall have a reasonable op~ 3r- tunity to be heard and all minutes and other records of actions of the board shall be made available to the )ub- lic. (e) The board shall adopt bylaws for the conduct of its business not inconsistent with this ordinance and th charter and code, and shall adopt such rules of proc~- dures as it deems necessary." Section 3 The initial term of appointments as the members of the Wheeler Opera House Theater Board shall be as follows: One year term ending December 31, 1983 Dance appointee Two year term ending December 31, ~984 Music appointee Three year term ending December 31, 1985 Film appointee Theater appointe~ At-large appointee Section 4. Intent Regarding Fiscal Responsibility. It is the intent of the City Council that an annual amount be allocated from the Real Estate Transfer Tax funds as an in-kind contribution to the arts with regard to the utilization of the Wheeler Opera House Theater. Said allocation shall be calculate annually by the City Finance Director to reflect the current mar- ket rental rate for equivalent space. The annual operating budg~t submitted by the Wheeler Opera House Theater Board shall show no loss and shall show, to the extent practicable, a profit. Any such profit shall be deposited in a reserve fund, to be expended 3 RECORD OF PROCEEDINGS 30i Leaves on behalf of the theater or the arts as approved by the board. Any expenditure of profits to subsidize the theater or the art: shall be included in the budgets and accounts of the board as in-kind or cash expenditures. If any loss in annual operations is likely to occur, the City Council shall be notified immediatell and a subsidy requested or alternative debt financing shall be arranged with Council approval. Section 5 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6 A public hearing on the ordinance shall be held on the day of , 1983, at 5:00 P.M. ir the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law bi the City Council of the City of Aspen on the __ day of , 1983. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk RECORD OF PROCEEDINGS 1[0 Leaves FINALLY adopted, passed and approved this day of , 1983. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk 5 ~