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HomeMy WebLinkAbout2002-18 Repealing and Reenacting Ordinance No. 7 and Ordinance No. 13, Series 2002 (Commission on Special Events), Providing for Corrections and Amendments~ . ~ ORDINANCE NO. 18 SERIES 2002 AN ORDINANCE, REPEALING AND REENACTING ORDINANCE N0.7 AND ORDINANCE NO. 13, SIERIES OF 2002 (COMMISSION ON SPECIAL EVENTS), PROVIDING FOR CORRECTIONS AND AMENDMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the Tawn Council's opinion that the health, safety and welfare of the citizens of the Town of Vail would be enhanced by the establishment of a special events. program setting forth policies and guidelines relating to the funding, reviewing, oversight and orchestration of special events to be presented in the Town of Vail. WHEREAS, to insure a single contact point for special event operations in Vail; and WHEREAS, to be supportive of providing street entertainment and special events for vitality, economic viability, and fun year'round; and WHEREAS, to increase the Town of Vail's lodging occupancy and sales tax co]lections; and WHEREAS, to create a sense of community in Vail and increase the quality of experience for guests and residents; and WHEREAS, to administer Special Events, the Town Council, in accordance with Section 8.6 of the Charter of the Town of Vail, wishes to create a Commission on Special Events {"CSE"); and WHEREAS, certain errors occurred in the drafting and adoption of Ordinance Nos. 7 and 13, Series of 2x02 (Commission on Special Events). NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: Ordinance No. 7 and Ordinance No. 13, Series of 20x2, are hereby repealed and reenacted and Title 3 of the Municipal Cade of the Town of Vail is hereby amended by the addition of Chapter 6, Commission on Special Events, to read as follows: Section 1. Board i=stablished The Town Council hereby establishes the Town of Vail Commission an Special Events ("CSE") composed of five {5) voting members who shall act in accordance with the Charter, this Chapter, the direction of the Town Council, as outlined in this ordinance, the ordinances of the Tawn of Vail, and shall be appointed and serve at the pleasure of the Town Council as provided in this Chapter. Section 2. Definitions A. Special Event _ A Special Event is a function whose primary purpose is to promote an exciting, lively, fun andlor prosperous business climate within the Town of Vail. B. Qualifying Cultural Event - A Qualifying Cultural Event is a function whose primary purpose is culkural in nature rather than economic. These events are typically, but not necessarily, held in a performing arts venue such as Ford Amphitheater or Dobson Arena. The Town Council shall establish by Resolution anon-exclusive fist of Qualifying Cultural Events. Section 3. Members -Appointments -Terms F:ItwnclerklwpfileslCODEIORpINANG10rd2D0210rd 18.doc 1 ~ . • Tire CSE shall consist of five (5) voting members appointed by the Town Council to be designated as follows: 1 Retail; 1 Restaurant; 1 Lodging; 1 (from any of 3 categories previously stated); 1 at large. All five voting members shall be residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail, or be employed within the Town of Vail. No current event promoters, producers or board members of organizations requesting funding, or their employees, may serve as voting members. The initial terms of two members of the CSE shall be for one year, and the initial term of three members shall be for two years, to be appointed in 2002. Thereafter, the council shall annually appoint CSE members to two year terms every January. In addition to the five voting members of the CSE, up to ten (10) honorary advisory member groups may be included by Council invitation. In order to act as an honorary advisory member of the CSE, each member group shall nominate one representative within that group to be ratified by Council. Honorary advisory member groups shall be approved by council and may include: Vail Resorts, Inc. {VRI} Vai! Valley Foundation (WF} Vail Valley Chamber and Tourism Bureau (WCTB} Vail Chamber and Business Association (VCBA) Vail Recreation District (VRD) Town Council Town of Vail staff Vail Local Marketing District Advisory Council (VLMDAC) Ratified, honorary advisory members shall assist the CSE by providing information, coordination and consultation and shall not have the power to vote on issues that come before the CSE. The number and terms of such advisory members shall be at the discretion of the Town Council. Advisory members of the CSE should be individuals who have a demonstrated expertise in special event production, establishment of criteria by which to gauge event success, or knowledge of andlor a strong interest in special events. Section 4. Removal From Office Members of the CSE shall serve at the will of the Town Council and shall be subject to removal by the Town Council for inefficiency, neglect of duty, failure to attend meetings (70% mandatory attendance at scheduled meetings), malfeasance in office, or any other reasons the Town Council deems proper. Section 5. Vacancy Vacancies on the CSE shall occur whenever a member of the CSE reaches the end of his term, is removed by the Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of sixty (60) days, resigns, ceases to meet the qualifications for CSE members or is convicted of a felony. Vacancies shall be filled by a majority vote of the Town Council. Section 6. Officers -Meetings -Rules F:IfwnclerklwpfileslCODEIORDINANC10rd204210rd 18.doc 2 ~ . • The CSE shall be chaired toy the advisory Town Council member until the commission decides a director is appropriate ar decides otherwise as to a different chairperson. The term of the Chairman shall be for onetwo-year term to coincide with the Town's regular municipal election, with eligibility for re-election for khree additional two-year terms. The CSE shall meet as it determines to be necessary, and its meetings shall be in accordance with Roberts Rules of Procedure unless it adopts other rules for the transaction of business. Three ar more members must vote for any action for it to pass. The CSE. shall keep a record of its resolutions, transactions, findings and determinations. The CSE will provide quarterly informational reports to the Vail Town Council, in addition to a full annual financial report at budget time. An annual evaluation of events shall be included. Section 7. Functions of the CSE The CSE shalt support the Town Council's goals and objectives and align its mission with the Town Council's marketing direction. The Functions andlor duties of CSE shall include, but are not limited to: Hiring and overseeing a director andlor staff, as well as event producers andlor promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events: seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts far special events; and all other functions as directed by khe Town Council. Qualifying Cultural Events shall be exempt from the purview and funding of the CSE. However, coordination and timing of Qualifying Cultural Events shall be considered by the CSE, and included in the CSE master calendar. Section 8. Appeal to Town Council A. An appeal to the Town Council may be made by an adjacent affected property owner or by the Town Council itself by a majority vote. B. Any appeal must be filed in writing within ten (~0} days following the decision of the CSE, or must be called up by the Town Council within f0 days of the decision. C. The Council shalt hear the appeal within 30 days of its being filed or called up with a possible 30-day extension if the Council fiinds that there is insufficient information. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause ar phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duky imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or F:ItwnclerklwpfileslCODEIORDINANC1Ord20021Ord 18.dac 3 ~ . • proceedings as commenced under or by virtue of the provision repealed ar repealed and reenacted. The repeal of any provision hereby shalt not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of July, 2002 and a public hearing shall be held on this Ordinance on the 16th day of July, 2002, at 7:00 p. m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ®F V~ \! SEAS-- ATTEST: CQ~~ Xore~ Donaldson, Town Clerk Ludwig Kurz, yor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by kitle only this 16`h day of July, ®~ ...~,~` S~ti,-+ ATTEST: orelgi'Donaldson, ~'~~ awn Clerk / u.uf~~ Ludwig Kur Mayor F:ItwnolerklwpfileslCODEIORbINANC10rd200210rd 18.doc 4 .~ o STATE OF COLORADO COUNTY OF EAGLE 362 • PROOF OF PUBLICATION .~75. I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterfuptedly in said County of Eagle for a period of more than fihy-two consecutive weeks next prior to the first publication of the annexed legal Halite or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified far publishing legal notices and advertisements within the meaning of the laws of the State of Golorado. 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 .......... j.... consecutive insertions; and that the first O publication of Bald notice was In the issue of said newspaper dated ........ ........... t~...~`?.................... A.D. ~~.p.~..... and that the last publication of said notice was in the issue of said newspaper dated.•.~!:~f~.:~.... A.D.....,.,..o.~.~............ In witness whereof I have Hereunto set my hand this ..../...~.. day of ....•~--~• Publisher Subscribed and sworn to befor e, a notary public in and for the County of Eagle, State of Colorado, ~,,: . . finis ...........l..-z:.... day of ........ ...., . ~d~v .. ........................... ..... . ~'r~.d-,L . // Notary Public MyCommissio>7expires... ..•. ~ L••'--•~~ 'EAS, to insure a singgle Contact.}toint for I evonCopperations in.Vail;,and VYHEREA$, to ge'suppartive•of pro- street errtertainment and special events for Vall's lodging occupancy antl sales-lax aoltecBons; and_ NIHEREA&, to,create a sense 6f com- muni~y m Vail.and increase the;quallty'o1 .experi- I eitce' iOrgue&ts andYesidenti3;and NIHEREA3, to'. administer Specal • Events; the.Tpwn.Codrrcil,'in &ccordancs with Sec- tion t3.6 oPthe Charter of .the Town. oEV;ill, wishes .-_ to create a Gommission.,. on 'Special ;Events '' f"CSE'9;and .. [:ommtasion on 5peoiaf Events, to read as follows:. Section 1. Beard Established The Town Coiencil hereby establishes the Tovm of flail Commission on Speolal ~Jehts ('CSE'.} cOm~ posetl of fiVo (5) votins7 members. who shall act ih acoordaisce with lh@ Charrt~e~r, this Chapter,.tha i1i- rection of the Town CouPicii, as outlined in this or= dinance, the ordinances of the Trnvn of Valf, and shall:ba. appointed and serve~at the. pleasure e -Yawn Council as provided in this Chapter. ,Section 2, Oef-nHioos - A. Special Event - A Special Event is a function whose primarypurpose rs to promote an excitingg,. live€y, fun entllor prosperous business clirrrale with- in 1ho Town o1 Vall. B- qualifying Cultural Event - A Quaiifying Cultu[af Event'is a- nctian whose primary purpose rs~cut~ turaF in nature rather than eoonomrc. 'These events aro typically, but not necessarily, held.in a~pertorm- fins arts venuosuctr ss Ford Amphitheater,or f)ob- son Arena. The 'Town G.ouncil shall establish by Resotution anon-exclusive list o1 quetifying Culfur- al.Events- Section 3. Mern6era - Appolhtmenta --Terms The: CSE shall consist 'of h've {5) voting members appointed by, the Town Coun ' to be d9ai~nated as fc}lows: t Retell; i-Rostaurent; ] Lodggm ; 1 (from any of 3 categories previ~us[yy. slated}• 1 at large. All five voting members shall be residents' oi. the Town of Vail,. own. real properrttyy wifhirr the Town of Vait,.own a 6uslness m Ihe.Town of Vail, ox he employed within the Town of Vail Nn rurrarM ees, may serve- as Voting members. Tha terms of tveo.-.,;,....,,rs of tFie CSI= shall be f year, and the initial term of three members sl far two years, td be' apppaapled in 200F,. Thar the council shall annually.appBint CSE memt two year lermsevery January. In addkion to the five votingg members of the up to ten (101 honorary advisory member I may be fine ed by Council invltaiion...tn ar act as an honorary advisory ,member of the Vail FieSOrls, Inc: (VRI) Vail Valley Foundation (VVF) VeilVall Chamherand.Tourlsm Bureau~V{IGl'8) . VaitChaiptiet and Busihess. . Asspciatiort(VCBAj ._ Van R~ ~i ~ olsmcr tvROl ~Vall staff .. • I Marketingg piatrlct. .,cry Counclt (VLMPAG) Ratified honors edvlsory~fnambere shall asalsE the GSA by prov~ding InMrmatlon, oa0rdlnatlon ant( The ,own CouncH ht consultation and shall) not have the power to vq[e mines.. and dl3da' s that this prc on Issues that come beforerythe CS@. Tha numbeC eery and propg~ r ttie health, .si Uie dEscrellon otutheaTOnoCoumrrscmbpr~~aY Ua mt of the Towle afmVaiel d the frihaliit8l peal nr the re1 bars of the GSE should be Indhilduala .wise have q 1lasrrt of arty prlavi on of 91a Munl~ damanelrated expertise in special event. produc. Toou~pra7 0l Velll as dad 1n thle 6r lion, ostabliahmgnt of criteria .by, which to gauge affect ariy iiggh Ich has.. axnii event aucaese, or Imowled~a.ot`andlara etronp_n• posed, .arty YIC~H n that occurrgt tarsal In special events. ~ ~clive date bare ,any proeaout seetton A. Removal From Olfles nor slay other-- men under= ar Ion ,Or proceedings as ~rj' by virtue bt the rovlel ' re Members of the CSF stteH rva at the w141 of the Town Coundl and shall bg.su~jact to no I ifid l f G pealed or rapelale any- pravlelpn.hp or a dl . on , • a..nd~ reenacted, The rg I dt shall nd! revive aryy projBlpn ency, r or ne OU removal by the Town eglect of duty, failure to attend nreatinnggss {7090 man: datory attendance at scheduled meetings) maifee. ny ar nance ed_unlesa express) -p11 b revlausly re salad or superi3ed- 'stated herein: = awa crdefa resolrrtlon ti i lance in office, or any other reasons i(ae Town i dinancee, qr par ,. , e an i ' thereoL inconafatenl ~terewit~ Council deems proper, " • ~ ;rn~aledito the repealer extent only of such fnconelsten aH not be Ognstrued to revf$a SaellonB.Vecanoy Verandas. on the C6E shall occ~ir whenever a to f hi f any hylevi;:-order, ftiarealt; theretatdre i eefuHan or ordinance, otfr08rt peaaled.. -- s arm, member of the CSE reaches the a o .removed bY~ the Ta~vn 6ounCli; dies; trecomeq In, capacitated and.uneWg to perform his ar her. dlttifla i NTR ~ ANp OFtpEREp FIRST REApIN13 bli h DUCEp AEAp APPRQVEp f3Ll$}ib'p ONCE IN FULL bl+j Is 2nd day of July 2002 and a ' ~ggns, ceases IIO for a perlad of .sixty (80) days, res meet the qualH~atlana for CSE memtoera or is con- ppu c errin$ shal the 19th dtty of J be bald on this ± Jrdinaiice art ly, 2002 et 7;Op, p m; In the vlcled of a' felony, Vacancies shall be filled by a maladty vote of the Town Council _ Council _Ghsmbere Vall, Qalo_rado, Llxfw~ , - o -the 1~aff Mlinlclpaf .6u1lding, g-Kurz, Mayor Sactlen B. OHtcerr • M~eil s -Raley 'the CSE shall be dfalred~y the advieary TowrS, ATTEST -~ Lorelei ponafdaptl T SrwnClerk Council member until the commission dlacWee a dl rector ie approprlltDe or daddea otherwise ae to a' l " f h Gh m' REAl7-ANp APPRQVEp ON SfcGONQ READjf~Q AND CRDEREI P B rma , o e a t dHterent chalrpefaon, The-ter 'shall he-for ono two- r term b cdlaclde wise 1t1~ ~ a LfSHED ~. ~~. by fills only tills. -day of July.2002 - L al electloti. wkh aggiblllty foe Towne regular mun~p re-elecgon for three addltlonal two-year terms. 7hd udwl tturz, Mayor 1tFf~~7' * iF'~ c ~- - a ' CSE shall meet as It determlraea to tae n oa ry,: sRah a kr d e :r r< n i y ~e .,1~Q~ ;~ tre a ` ' - ance v v i and Its meetings shall be In aoocr ono C,dnn ni PmrvaAi irw i3nlassk adOlNa other ~ ~fj~~a<i r, S 8,:t. seetlon e. AP I,p Town Council A. An appeal t~the:Town Council may ha mair~hy an adff~cent affevlrrd pro arty -owner Or by the Town Council ite6lt. ttv a me arity vote: ~ . ? ny app~s~ at ha ~ In-wdHngg within ten 1 o days Poll lag the ditciston -of' the CSE, or must.ba called rip by'the Town Couricll 4Mithfn tp days of the daclsl4n, C. The Coundl- shall .hear the appeaE w{ttiln .30 days of eta being filed ar called upp with a pnsslpte. 30~a~y iaadenltton H-the Ccundl 1lnda' ! )hare (a inetrMlolem Information. - If,any pert IllibcHon, aubsedlon, sentaiace clause ar pphr3tso Qf thta ordinance le far any reason ~dtl to be Irrrallrr such lieclslon shall' nol affect the val• clauses • more members moat yore rot any aalan .tor ~c ao- ~aea• Tlta GSE shall-keep-a,reaord of Its resotu- flans, traneactlana, findings and-determina9gna: The CSE w111 proylde quarter)yy IrNarmatlonal re- ports to the Veil Town Coundl, In addltiixi to a tulti annual ilnenclel report at bud~el Hmg,- An annual e.,eli,aNrin of amnia whxll M Inr ,1llalt ~~o STATE OF COLORADO COUNTY OF EAGLE 223 PROOF OF PUBLICATION SS. • 1, Steve Pope, do solemnly swear that I am the Publisher of Tho Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. 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 .........~...... consecutive insertions; and that the first publication of sain^d n/o"~tice was in the issue of said newspaper dated .~'-~....~~ ............... A.D...... .ou•~. and that the last publication of said notice was in the issue of said newspaper dated.... . ~~..... A. D............~~.1~~..~...../. In witness whereof I have hereunto set my hand this ...../...~~..... day ..~ Subscribed an//d sworn to before m , a notary public in and for the County of Eagle, State of Colorado, this ............. ~l.~......... day of ...~.~>~~ ~~~ Notary Public rVry Commission expires ......~~1~-~...~.~ • OR SERIES 20d2e 18 NG ORDINANCE NO. 7AAND ORDINANCE NO.. 13, SERIES OF ?PROVIDINGISFOR ~ ~ RREC- CIAL EVENTS), FORTH D TAILS 1N REGARD THERETO. ET71NG. Copies of this ordinance are avallahle for public in- ma4 business hoursr~ of the town Clerk dunng nor- READ AN6 APPROVED ON 5ECONp READING ANp ORDERED PUBLISHED BY TITLE ONLY THOS 16th day of , 2002. published in ihBVail Daily 3uly 26, 2002• ~° 371 ORQINANCE N0.18 SERIES 20©2 PRDDF OF PUBLICATION AN ORDINANCE REPEALING AND REENACT ING ORDINANCE NO. 7 AND ORDINANCE N0. STATE OF CDLDRADO 13, SERIES OF 2402 {COMM4SSIOiy ON SPE- CIAO. EVENTS), PROVIDING FOR CORREC- TIONS AND AMENDMENTS, AND SETTING' FORTH DETAILS IN REGARD THERETO. $S. Copies of this ordinance areavallable for pu1311c in- spection in the office of the town Clerk during nor- 000NTY OF EAGLE malbuslnesshours. riEAD AND APPROVED ON SECOND READING AND 6RDERED Pl18LISHED BY TITLE ONLY THIS ifitfa day of , 2002. Published in the Vail Daily July 26, 2002. 1, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of mare than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice ar advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. 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 ..........~.... consecutive insertions; and/-that the first publication of said notice was in the issue of said newspaper dated ......~.,y ...°~-.`j°.....••••....••• A.D......°:~. ~... and that the last publication of said notice was in the issue of said newspaper In witness whereof I have hereunto set my hand this ....~(... day of .....~.,..~~..~. ..................... ........... ..... .................. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado, this ~9.,.... dad' of .........~y.,..~Q..:~ Notary Public My Commission expires ..... ... , ~..../,....~?.o..~ ;~