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Home My WebLink Aboutordinance.council.050-13 ORDINANCE NO.,5�) (Series of 2013) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, REPEALING ORDINANCE NO. 48 (SERIES OF 2005)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 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of the Wheeler Opera House in accordance with Ordinance No. 10 (Series of 1982); and WHEREAS,the City Council repealed Ordinance No 10(Series of 1982)and re-enacted an ordinance(Ordinance 63 of 1992)to clarify that the Board of Directors is to function as an advisory board and not a managing board; and WHEREAS,the City Council repealed Ordinance No. 63 (Series of 1992) and re-enacted an ordinance(Ordinance No. 5, Series of 2004)to change the powers and duties of the Board of Directors to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and to expand the membership of the Board of Directors from seven(7)to nine(9)members; and WHEREAS,the City Council repealed Ordinance No. 5 (Series of 2004)and re-enacted an ordinance(Ordinance No. 48, Series of 2005)to decrease the membership of the Board of Directors from nine(9)to seven(7)members, one of which was designated as a youth representative, and modified the qualification requirements to eliminate members or candidates that have a conflict of interest as described in the City Charter(Section 4.7)as"a substantial personal or financial interest" in the Wheeler Opera House; and WHEREAS,the City Council desires to now remove the designation of one of the voting members as a youth representative and return such board seat to another community representative; 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 Director 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, all of whom shall serve overlapping three(3)-year terms. The Board shall be appointed by the City Council with all appointees designated as at-large appointees who shall be selected primarily for their knowledge of 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 at the time of appointment. (c) The Aspen Music Festival and School(AMFS)or its successor organization that may have the right to the exclusive use of the Wheeler Opera House during the summer season, as per contract through August 2034, shall appoint a representative to fill a permanent,non-voting, ex-officio seat on the Board of Directors. By virtue of AMFS'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) All members of the Board of Directors shall serve at the pleasure of the City Council and may be removed by majority vote thereof. (e) 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 on 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 theatre 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)hours 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 Hearing A public hearing on the ordinance shall be held on the 9th day of December, 2013, 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 2nd day of December, 2013. z L StevetSkadron Mayor ATTEST: *athrynKoc , ty Clerk FINALLY adopted, passed and ordered published this 9"day of December, 2013. ICS Stev adron, ayor ATTEST: *KathnKo lity Cl rk Ad Name: 9750070A LEGAL NOTICE PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance N50.Seresof120113was adopted onfirst reading at the City Council meeting December 2, Your account number: 1013028 2013. This ordinance,if adopted,will amend the composition of the Board of Directors of the Wheeler Opera House.The public hearing on this ordinance is scheduled for December 9,2013 at Tos etntis130 tayPROOF OF PUBLICATION he eetet,go to the city's legal notice website http://www.aspenpitkin.com/Departments/Clerk/Le- gal-Notices/ IF you would like a copy FAXed or e-mailed to you, call the city clerk's office,429-2687 Published in the Aspen Times Weekly on Decem- ber 5,2013. [9750070] TS: Alr:x TIME: STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin, State of Colorado,and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating -under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 12/5/2013 and that the last publication of said notice was in the issue of said newspaper dated 12/5/2013. In witness whereof,I have here unto set my hand this 12/09/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 12/09/2013. . Pamela J.Schultz,Notary Public Commission expires:November 1,2015 �pRy PUe/ PAMELA J. SCHULTZ t c01�P My CommissOn Expires IMInO15