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Home My WebLink About2004-30 Amending Title 3, Chapter 6, of the Vail Town Code Regarding the Commission on Special Events c; ORDINANCE N0.30 SERIES 2004 AN ORDINANCE AMENDING TITLE 3, CHAPTER 6, OF THE VAIL TOWN CODE REGARDING THE COMMISS{ON ON SPECIAL EVENTS AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town of Vail (the "Town Council") have been duly elected and qualified; and WHEREAS, Title 3, Chapter 6, of the Vail Town Code provides for the Commission on Special Events (the "CSE"), which is a Town commission duly created pursuant to the Town Charter; WHEREAS, the Town Council desires to make certain amendments to Title 3, Chapter 6, of the Vail Town Code to allow the CSE to more effectively carry out its function and responsibilities. • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 3-6-1 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in &tfilEet#~~fg#): 3-6-1: BOARD ESTABLISHED: The frown sCouncil hereby establishes the frown of Vail sCommission on sSpecial eEvents ("CSE") composed of seven f7) #+~ve-Ea) voting members who shall act in accordance with the sCharter, this chapter, the direction of the frown sCouncil, as outlined in this chapter, the ordinances of the frown of Vail, and shall be appointed by and serve at the pleasure of #Town sCouncil as provided in this chapter. Section 2. Section 3-6-2 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in s#~ik~~h): 3-6-2: DEFINITIONS: • QUALIFYING CULTURAL EVENT: A function whose primary purpose is cultural in nature rather than economic. These events are typically, but not necessarily, held in a Ordinance 30, Series of 2004 1 • performing arts venue such as Ford Amphitheater or Dobson Arena. The tTown sCouncil shall establish by resolution a nonexclusive list of ~(~ualifying sCultural eEvents. SPECIAL EVENT: A function whose primary purpose is to promote an exciting, lively, fun and/or prosperous business climate within the I:Town of Vail. Section 3. Section 3-6-3 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in &~gl~): 3-6-3: MEMBERS; APPOINTMENTS; TERMS: The CSE shall consist of seven l7t f+ve (~ voting members appointed. at large. by the tTown sCounciL te-be-desigflated a_ faNew~ esef~tal; 9R6-Fe&oa:JF w:~ stated; ene-~a~lar~e: All seven (7~ #+ve-{~) voting members shall be residents of the tTown of Vail, own real property within the tTown of Vail, own a business in the tTown of Vail, or be employed within the tTown of Vail. c, rr er~ani~atien= r ~ , m~a~-sure ass ~fe#~g~aea~efs: The initial terms of two (2) members of the CSE shall be for one year, and the initial term of three (3) members shall be for two (2) years, to be appointed in 2002. Beginning in January of 2005. • the CSE shall consist of seven (71 members to be appointed at large. Therefore, in December of 2004 the Town Council shall appoint six (61 new members to the CSE. The term of three 131 new members shall be for one /11 year and the term for the other three new members shall be for two (21 years. Thereafter, the Town sCouncil shall annually appoint CSE members to two (2) year terms every January. Section 4. Section 3-6-4 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in st~ilEet#re~k-): 3-6-4: REMOVAL FROM OFFICE: Members of the CSE shall serve at the will of the i:Town sCouncil and shall be subject to removal by the tTown sCouncil for inefficiency, neglect of duty, failure to attend meetings (70 percent mandatory attendance at scheduled meetings), malfeasance in office, or any other reasons the tTown sCouncil deems proper. Section 5. Section 3-6-5 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in &t;FilEet#r~g#~): 3-6-5: VACANCY: Vacancies on the CSE shall occur whenever a member of the CSE • reaches the end of his term, is removed by the tTown sCouncil, dies, becomes incapacitated Ordinance 30, Series of 2004 • 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 tTown sCouncil. Section 6. Section 3-6-6 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in stfilESthrs:~~}: 3-6-6: OFFICERS; MEETINGS; RULES: The CSE shall elect its chairman from among its acpointed members i^ a _ ~ ta-a-di#eFe~-sf~2ir;.erse+~. The term of the chairman shall be for one (1) 2 year term ' r:~:enisipal-eles>:ie-~, with eligibility for reelection for three (3) additional #we-(~ 2 year terms. The CSE shall meet as it determines to be necessary, and its meetings shall be in accordance with Robert's rRules of pProcedure unless it adopts other rules for the transaction of business. wee {3) Four (4) or 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 tTown sCouncil, in addition to a full annual financial • report at budget time. An annual evaluation of events shall be included. Section 7. Section 3-6-7 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in stfilFetk~e+~la): 3-6-7: FUNCTIONS OF THE CSE: The CSE shall support the tTown eCouncil 's goals and objectives and align its mission with the #Town sCouncil 's marketing direction. The functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as we11 as event producers and/or promoters; creating, funding and seeking special events for the tTown 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 for special events; and all other functions as directed by the tTown sCouncil. Qualifying eCu{tural eEvents shall be exempt from the purview and funding of the CSE. However, coordination and timing of ~(, ualifying sCultural eEvents shall be considered by the CSE and included in the CSE master calendar. Ordinance 30, Series of 2004 i • Section 8. Section 3-6-8 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in st~ikethrcug#): 3-6-8: APPEAL TO TOWN COUNCIL: A. An appeal to the tTown eCouncil may be made by an adjacent affected property owner or by the tTown eCouncil itself by a majority vote. B. Any appeal must be filed in writing within ten (10) days following the decision of the CSE, or must be called up by the tTown eCouncil within ten (10) days of the decision. C. The Town eCouncil shall hear the appeal within thirty (30) days of its being filed or called up with a possible thirty (30) day extension if the Town eCouncil finds that there is insufficient information. Section 9. 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 or phrase thereof, regardless of • the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 10. 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. Section 11. The amendment 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 duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously amended or superseded unless expressly stated herein. Section 12. 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. Ordinance 30, Series of 2004 4 • Section 13. This ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. Section 14. This ordinance shall be in full force and effect five days after publication following final passage. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of November, 2004, and a public hearing shall be held on this Ordinance on the 7th day of December, 2004, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, M or r: • ATTEST: O~~ OF !'-9'~ ~' L rele' Donaldson, Town Clerk SSA READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7~' day of December, 2004. ATTEST: ~~ Rodne Slifer, M6yo~ . a ~F. Vq'` OF Vq/C ~ ~' orelei Donaldson, Town Clerk ~;' ~1,~ • `; ~~ `~~.. 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