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Referred Question 2B - Arts and Venues Facilities


 
 

Ballot Title

Shall the charter of the City and County of Denver be amended to remove from the Department of General Services the management and control of facilities owned or leased by the City and County for theatre, concert, auditorium or arena purposes, in order to conform the charter to other laws of the City and County assigning the responsibility to manage such facilities to the agency known as Denver Arts and Venues? 

Note: The Ballot Title will not appear in the Denver Revised Municipal Code. The text of the measure that will appear in the Denver Revised Municipal Code is listed below under Full Text.

Ballot Question Details

Referred Question 2B – Arts and Venues Facilities

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER:

Section 1.  There is hereby submitted to the properly qualified and registered electors of the City and County of Denver for their approval or rejection at a special municipal election to be conducted at the same time and in conjunction with the coordinated election to be held in the City and County of Denver on November 5, 2019, a proposed amendment to the charter of the City and County of Denver, as follows:

Effective upon publication and filing with the Secretary of State pursuant to the Constitution and laws of the State of Colorado, the following sections of Article II of the 2002 charter of the City and County of Denver shall be and are hereby amended to read as follows:

Amend Part 9 of Article II by deleting the language stricken to read as follows:

§ 2.9.3 Powers and duties of Department of General Services

(E) Operation of certain municipal facilities. The Department shall have the management and control of the occupancy and of the operation, care, repair and maintenance, either by the Department or under contract let by the Department, of all facilities, structures or parts of structures owned or leased by the City and County and used for theatre, concert, auditorium or arena purposes whenever such facilities, structures, or parts of structures are regularly rented to others for such purposes and a charge is made for their use or a charge is customarily made for admission thereto. The Department shall also have the management and control of all land on which such facilities or structures are located, and shall have the right to establish and make reasonable charges for the use of such facilities and structures and to do such remodeling thereof as does not require reconstruction, change of design or structural change.

Section 2.   The remaining subsections of Section 2.9.3 shall be re-lettered accordingly

As prepared by the Department of Finance:

Methodology:
Referred Question 2B proposes revising the City and County of Denver’s Charter to remove the management and control of facilities used for theatre, concert, auditorium and arena purposes from General Services, and formally assign that responsibility to the Denver Arts and Venues agency to reflect existing city practice. No programmatic or monetary impacts are anticipated from this change.

Financial Impact:
There is estimated to be no financial impact to the City from the proposed Arts and Venues Facilities charter change.

The proposed charter amendment simply clarifies the role of Arts & Venues as an independent agency within the City & County of Denver to reflect longstanding practice.  Since the 1960s, the agency (formerly Theatres & Arenas) has managed municipal facilities – including those used for “theatre, auditorium or concert purposes” via delegated authority from the Department of General Services.  Over time, the division operated independently and was increasingly treated as a separate agency.  In addition, the Denver Office of Cultural Affairs (DOCA) consolidated multiple arts and culture functions into one office in 2004.  In 2011, Theatres & Arenas and the DOCA merged to create Denver Arts & Venues (A&V), and the associated powers and duties of A&V were defined in the municipal code at that time.  This Charter amendment reconciles existing discrepancies between Charter language and actual day-to-day operations by removing reference to operation of theatre/arena/auditorium venues from General Services. This change does not create a new Charter department; rather, this administrative change codifies current practices and reporting.  The Arts & Venues Executive Director will continue to be a Mayoral appointee.  No additional positions or resources will be needed for this administrative change.

No arguments against this question were submitted.

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