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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: /~ ~,~~ 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