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HomeMy WebLinkAboutordinance.council.010-82 RECORD OF PROCEEDINGS 100 Leaves (Series of 1982) AN ORDINANCE ESTABLISHING THE BOARD OF DIRECTORS OF THE WHEELER OPERA HOUSE; DESCRIBING THE COMPOSITION OF THE BOARD OF DIRECTORS, THE TERMS AND QUALIFICATIONS OF ITS MEMBERS, AND LISTING THE POWERS AND DUTIES OF THE BOARD 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 desires to appoint a Board of Directors of the Wheeler Opera House to undertake the management of the Wheeler Opera House; 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 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 plea- sure of the City Council. Section 2. Composition; Term; Qualifications. 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, who shall serve over- lapping three-year terms. The Board shall be appointed by the City Council with one (1) appointee designated as representing the film community, one (1) appointee designated as representing the theater community, one (1) appointee designated as representing the music RECORD OF PROCEEDINGS 100 Leaves community, one (1) appointee designated as representing the dance community and three (3) appointees designated as at-large appointees who shall be selected primarily for their financial and/or management and/or marketing capabilities. (b) The initial term of appointments for the appointees shall be as follows: One Year Term, ending Dance Appointee December 31, 1982 At-large Appointee Two Year Term, ending Music Appointee December 31, 1983 At-large Appointee Three Year Term, ending Film Appointee December 31, 1984 Theater Appointee At-large Appointee (c) Except for the initial term of appointment and the fill- ing of later vacancies, all terms of appointment shall be for three-year periods and the terms of all Board members shall commence on January 1. (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. (f) The Aspen Council for the Arts (ACA) shall be the nomi- nating committee for the four arts discipline appoin- tees. The ACA shall nominate to the City Council for appointment to the Board of Directors at least two per- sons from the relevant art discipline upon a vacancy of a seat designated for that art discipline or the natural expiration of the term for that seat. RECORD OF PROCEEDINGS 100 Leaves Section 3. Powers and Duties. Generally, the Board of Directors is empowered to plan and manage the daily and long-term operations of the Wheeler Opera House. These management duties shall include the following: (a) Appoint and supervise a Facility Manager for the Wheeler Opera House, who shall serve at the pleasure of the Board. (b) Set scheduling policy, priorities and rates for the the- ater operations. (c) Set operating policy and rental rates for the commercial space in the Opera House building. (d) Submit an annual budget to the City Manager, which bud- get shall be subject to review and approval by the City Council. (e) Submit a Five-Year Financial Plan to the City Manager annually, which plan shall be subject to review and approval by City Council. Section 4. Rules of Procedure. (a) A quorum to transact the business of the Board of Direc- tors 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 chair- person, 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 spe- cial meeting may be held on shorter notice if all mem- bers of the Board of Directors waive notice in writing. No business shall be transacted at any special meeting 3 RECORD OF PROCEEDINGS 100 Leaves unless it has been stated in the notice of such meeting. (d) All regular and special meetings of the Board of Direc- tors shall be open to the public except for executive (closed door) meetings as are permitted by law. Citi- zens shall have a reasonable opportunity to be heard and all minutes and other records of actions of the Board of Directors shall be made available to the public. (e) The Board of Directors shall adopt by-laws for the con- duct of its business not inconsistent with this ordin- ance and the Charter and Municipal Code of the City of Aspen and shall adopt such rules of procedure 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 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. Public Hearing. A public hearing on the ordinance shall be held on the~ day of ~ , 1982, at 5:00 P.M. 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 ~ day of ~j , 1982. 4 RECORD OF PROCEEDINGS 100 Leaves FINALLY adopted, passed and approved this 22nd day of March , 1982. ~$usan ~. Michael Mayor Pro Tem A'~TEST ~ .... Ci~y~le~ 5 RECORD OF PROCEEDINGS 100 Leaves ~q.'A'~'F. O? COLORADO ) C~,R.[.t~ ,CA~E ) ss C..3_.,~Y 07 PITKIN ) t, Kathryn S. Koch, City Clerk of Aspen, Colorado, ~.v ~!ereuv eerLify ~hat the above and foregoing ordinance was inLioluc{~d, read ~n full, and passed on ..... rean~_ng nE m rcgul~ir meehrng of the City Council of the ..... ,~e on . 19 and published - ~ .[1Fees . weexly newspaper of gener~l cz~cul- ~r~,.-. ,.~,-~ ~}on, Coloraio, in its ~ .... ,. p:~ali, shed in Lhe ' ..... .f of As {,:m~s~ o~ ..................... ~_ ....... ~ 19 __ and was finally adcste{i ant ~'o:~o~ee ~u a ~;eg.~lal m~et.{n~l of 'the City Councfl on ........ o~.~] .... Of t9 of sa~d C_vt]z, as euovi~ted by ].aw. A~,.= ..... b W[[NN[']OF, '[ nave horeunto sez my hand and ~'~ ,~,_.,1 os said City of A~pen, C~..L~}io.{~O, this