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HomeMy WebLinkAboutordinance.council.003-10ORDINANCE NO. (Series of 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO CLARIFYING THE WHEELER OPERA HOUSE ENDOWMENT FUND AS A RESERVE LINE ITEM WITHIN THE WHEELER OPERA HOUSE FUND, DERIVED FROM ANNUAL WHEELER OPERA HOUSE OVERAGES FROM THE WHEELER REAL ESTATE TRANSFER TAX (WRETT), AND REDEFINING INVESTMENT AND EXPENDITURE PARAMETERS FOR 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 based on a previously approved Master Plan, or for the payment of interest or bonds issued for such purposes and for the purpose of supporting the visual and performing arts (limited to $100,000 per year); and WHEREAS, the electorate of the City of Aspen authorized the expiration date of the Wheeler Real Estate Transfer Tax to be extended to December 31, 2019; and WHEREAS, the City Council established in December 2002 through Ordinance No. 46, Series of 2002, a separate fund for the collection of excess funds after the conclusion of any fiscal yeaz in which Wheeler Real Estate Transfer Tax revenues exceeded their use to offset the annual costs of renovation, reconstruction and maintenance of the Wheeler Opera House, and that such fund was established with certain restrictions in its enabling language that aze no longer deemed in the best long-term interests of the Wheeler Opera House and the citizens of the City of Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Chapter 23.48 of the Municipal Code is hereby amended by the addition of a new Section 23.48.61, which section shall read as follows: 23.48.61 Wheeler Opera House Reserve Line Item (a) Purpose. There is hereby established the Wheeler Opera House Reserve Line Item as part of the Wheeler Opera House Fund into which aze to be deposited so much of annual operating fund excess revenues as set forth in this Section. All monies deposited in the Wheeler Opera House Reserve Line Item shall be expended and/or invested so as to create a body of funds that may serve to complete the intent of the 1979 Wheeler RETT ballot question and the Master Plan for the Wheeler Opera House renovation and reconstruction, be used to fund principal and interest payments for the issuance of bonds or other debt instruments for this completion, and/or serve as a de facto endowment account for the purpose of funding Wheeler operations, capital improvements, and grants to local non-profit arts organizations consistent with the 1979 ballot question upon the expiration of the Wheeler Opera House Real Estate Transfer Tax. (b) Funding. The Wheeler Opera House Reserve Line Item shall receive no less than 100% of all excess revenues (above and beyond Wheeler annual operating and capital improvement expenses, and necessary increases to the Wheeler operating and departmental reserve accounts) collected and paid to the Wheeler Opera House/City Of Aspen from the Wheeler Opera House Real Estate Transfer Tax and other earned revenue sources. City Council may authorize such additional funding from other sources, for deposit into the Wheeler Opera House Reserve Line Item, as it may deem necessary from time to time. (c) Principal. All monies deposited into the Wheeler Opera House Reserve Line Item shall be available for expenditure solely for the purposes declared in the 1979 Real Estate Transfer Tax Ordinance. Unless used for such limited purposes, all monies will be considered as principal for investment and may not be extended or used for any other purpose. (d) Interest -Other Income. All interest or other income earned and generated by monies in the Wheeler Opera House Reserve Line Item shall accrue exclusively to the Line Item and shall be considered as part of (c), as described above. (e) Investments Authorized. The Director of Finance is authorized to invest Wheeler Opera House monies, without distinction between principal and income, in any security, bond, note, stock, debenture, mortgage or other investment as specified in C.R.S. Section 24-75-601.1, as may be amended. Investments may be made for such periods of time or dates of maturity as deemed prudent by the Director of Finance, after input from the City Manager and/or Wheeler Executive Director. All investments of the Wheeler Opera House Holding Fund shall be governed by the standard for investments as described at C.R.S. Section 15-1-304. Section 2 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 3 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 4 A public hearing on the ordinance shall be held on theta-~ day of~~ 2010, 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 l t day of ~.~ G~-tl.~t ' , 2010. Michael C. Irel d, Mayor athryn S. h, City Clerk FINALLY adopted, passed and approved this ZS day of~J_ ~~~I~ V 2010. Michael C. Ireland, Mayor A T~T:. athryn S. Ko , C' ity Jerk Approved as to form: John P. Worcester City Attorney a I'17 trl a n °, n O (A ~, ~~ rt ~Z7 V ~ 0 o~ .-~ -~ y _~ ~ 1± ' ° ~r k e ti ~; ~~. 3~. `- WHEREAS, the electorate of the City of Aspen ap- ~ ~ Y~-h .]p-. ~ ¢. ro rt R' H ~ N ~ o m 00 o ~ ~ o a~ ~, ~ ?' o rn ~ rt ~' N O o~ ~~ O ~ 0 "1 O p O O N ~ ~ _ _ 0 G r ' y ~ w rt ~~ f~D 0 f~i .- C ~ n n ~ ~ ~ ~ . ~ ~' H ~ . ~ r7 r7 r9 ir3• r7 m 1J., ,., ro ro ~ _~~~ ~ s ~ 0 ~' C ~ ~ ro ~ `~ ~ p , w ~ ~ ~ ~ rt ~ •f D, ~' Q, ~' ~ r ~o ~ a ~ rr 'tl O O I~ ~ Q o P ~ „~ N , t - ~ 'c1' ° "ri w ~'~ P ~ ~ ~ a - - ~. ~- x ~ `° rr ~ r O O ~, ry _ ~ ~~ ~ ~ ~ O rt ~ 0 ~ rt ~~ N ¢. '°~~ >v ~ ~. ~, s' ~ a ~. ~~' ~~ ^ F+ C O. ~° iii proved atloption of Ortlinance Ne. 20, Series of be tlepositeo ~. 19]9, imposing a'h of 1 % Real Estate Transfer cess revenm Tax for the purpose of renovation, reconstruction monies tlepe and maintenance of the Wheeler Opera House Reserve Line bawtl on a previously approvetl Master Plan, or for vestetl so es the payment of interest or bontls issued for such serve to com purposes antl for the pupose of supporting the vi- RETT ballot suet and performing arts (limitetl to $100,000 per Woheetieer Opee year); antl menis for iN WHEREAS, the electorate of the City of Aspen simmenis fbi authorized iM1e expiration date of the Wheeler Reel facto antlowi Estate Transfer Tax to be extended tb December ignle~s tbllar< 31, 2019; antl the expiratic WHEREAS, the City Council eafablishetl in De- Es!ffie Trans camber 2002 through Ordinance No. 46, Series of Ib) Fu 2002, a separate funtl for the collection of excess Reserve Lim funtla aFler the conclusion of any fiscal year In of ell excess which Wheeler Real Estate Transfer Tax revenues annual op' exceetletl their use to offset the annual costs of expenses, a renovation, reconstruction and maintenance of the operebng al Wheeler Opera House, and Ihet such funtl was leged and! establishetl with certain restrictions in its enabling Of Aspen f language that ere no longer tleemetl in the best Estate Trai Iong-term interests of the Wheeler Opera House s~ ~untlingC and Uie citizens of the Chy of Aspen. Wheeler O NOW, THEREFORE, BE IT ORDAINED BY THE may tleem i CITV COUNCIL OF THE CITY OF ASPEN, COL- Wheeler O~ ORADO, THAT: available h S~ declared i Chapter 23.48 of the Municipal Cotle is hereby Ordinance. amended by the addition of a new Section investmen 23.48 61, which section shall reatl as bllbws'. any other p 23.68.61 Wheeler Opera House Reserve Line other) n)doi Rem (a)Purpose. There ishereby established the Ne Whee~ Wheeler Opere Houw Reserve Line Item as part of accrue ex the Wheeler Opare House Funtl into which are to consitleret .`s' ~ O ~ tir )v ~ --~ ~ N rt . o ~ ~ ~ ~ ~ ~ ~ ~ .o a .'O ~ ~ R .,~ ~ ~ \2 w ~ Ri 1 a. o ~ h ~ o ~ e ~ a.~ o. n, f1 ~ ~ ]. ' o ° ' ~ ~ .~r,~r, rt ` ~ ~ f9 fD .Y O ~ ~ ~~ ~ rt~ ~ z. ~~' w o, ~ w rt ~ ~°'ro~~ ~x b~~~~rt ~~rty~ n ~b ^•~ m ao O IOT ,may ~ • t ., ~ ~, Ib ~ ' p. "1,~~0~ ~~ II.~ o.ti ~ ~ ro O ~ ~ ~ro ~~ ~ ~ w f0 ~ P- ~ ~. Q' ~ ~*. q. ° ~ P-~ y ti M ex- pll M n 0 d n O c O ro x z ~T' ~~ .f H .~ ~„ N W N ro O O a 1" z 3 ion 2 Mouse 1100% This brtlinance shell not M1ave any effect on !heeler existing litigation and shall not operate as an ement abatement of any action or proceetling now Vheeler gentling antler or Dy virtue of the ortlinances re~ its) col- peeled or amentletl es heroin provide0. antl the iwlCify same shell be construetl antl conclutletl antler ie Real such prior oNinencea. 3VenU8 a0tlitio- S i n 3 Tny.1ne m, e§ it phrase areponion of thie o~d nancec s foar any into the sewn heltl invalitl or unconstitutional in a court of shall be competent luriatlicfion, such portion sM1all be urposes tleemetl a separate, tlistind antl intlepentlent ;ter Tax provision antl shall not affect the validity of the nooses, remaining pbNOn6 thereof. be COnslaaieu as y•••~•v-~'-' Tay not be extentletl or usetl for e. t - OtM1er Income. All Interest or anetl antl generatetl by monies In em Mouse Rawrve Llne Item shall set d (C)has tlewhbetl above ell be Sect 4 A public hearing on the ordinance shall be heltl Counc? Chamfers, Aspev Cuy Hali?Aspen Coloratlo. INTRODUCED, READ AND ORDERED ComoiSOfEhe City of Aspen ont11e11N dayloY January 2010. Michael C. Ireland. Mayor ATTEST'. KaNryn S. Koch, City CIeM Published in the As en Times Weekly on January 1],2010 1452]326) ro /O 41 r v n `~C 0 ~+-, any yP Y rn v~ d ~ p' O w N ~ ?S 0 y m aZo ~ o ~ o u = c~~ n o Z 0 o Z w ~ p a n o C N c~ ~~ ~ M P- N rt Q' ew'1 w (D ~ ~ Ur o ~ w o o ~ 0 ~" ~~ m S' N R. y, `wC p o_ o 7I~ ro o~ oa 0 H N 0 C `~ T 0 O ~ ~ v,. np ~ w R w ~ C m ~ • rt ~ ~ (~ fD ~ r.' n `~ rt ~ (~D J y ~ ~ (D ~ fD k fD =^ N•ro o ~ ~ ~ ~ ~ ~ w to ~ ~ ti w ~ ~ ~ ~' a ~ ~ a ° ", ' ' . N ~ 'Y ^ H ' ~. Q' N C a C n ti O p ~ W ~' O ~ O ~ P. , '+ n ¢' 1 ~ b °ro r ~' w p.a~' p ~ w rt H ~ oow~ ° 'bro ~ ~'' ~ s" `~ ' " ~ a~NO,,~ a H O ~ ~ O ~ R . 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