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File #: 20248    Version: Name: Acceptance of deed for Overture Center
Type: Resolution Status: Passed
File created: 10/13/2010 In control: COMMON COUNCIL
On agenda: 12/14/2010 Final action: 12/14/2010
Enactment date: 12/16/2010 Enactment #: RES-10-00996
Title: SUBSTITUTE ALTERNATE WITH FRIENDLY AMENDMENT Acknowledging private ownership and operation of the Overture Center, establishing a City commitment to future grants to Overture subject to annual appropriation, and setting terms and conditions for such grants.
Sponsors: Mark Clear, Lauren Cnare, Michael Schumacher, Joseph R. Clausius, David J. Cieslewicz, Michael E. Verveer, Judy Compton, Satya V. Rhodes-Conway
Attachments: 1. 11/4/10 City-201 State Foundation Term Sheet, 2. Budget Impacts - 2010 Overture Agreement.pdf, 3. Overture Capital Outlays and Debt Service 110510.pdf, 4. 11/4/10 CC Discussion: Overture Center Visioning Statements, 5. 11/9/10 CCOC Registrants: 20248, 6. Registration Forms 11-9-2010.pdf, 7. Alternate Resolution Overture Center 11/18/10, 8. 11/18/10 CCOC Registrants: 20248, 9. Council Statements at 11/18/10 CCOC Meeting, 10. Common Council Amendments to 20248, 11. Updated Common Council Amendments to 20248, 12. Registration Forms 11-30-2010.pdf, 13. Registration Forms(2) 11-30-2010.pdf, 14. 11/29/10 MPMLegal Memo On Amendments to Alternate, 15. Expanded 12/7/10 Overture Resolution Version 4, 16. Original Resolution, 17. Alternate Resolution, 18. Compare Document Version 5 v Version 4, 19. DRAFT SUBSTITUTE ALTERNATE (Version 4), 20. DRAFT SUBSTITUTE ALTERNATE (Version 5), 21. Budget Impacts - 2010 Overture Agreement(Version5).pdf, 22. SUBSTITUTE ALTERNATE (Version 3).pdf, 23. Registration Forms 12-14-2010.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
12/14/20103   Adopt  Action details Meeting details Not available
12/14/20103 COMMON COUNCIL Adopt the Following Friendly Amendment(s)Pass Action details Meeting details Not available
12/14/20103 COMMON COUNCIL Adopt the Following Amendment(s)Fail Action details Meeting details Not available
12/14/20103 COMMON COUNCIL Adopt the Following Amendment(s)Fail Action details Meeting details Not available
12/14/20103 COMMON COUNCIL Adopt With Friendly AmendmentPass Action details Meeting details Not available
11/30/20102 COMMON COUNCIL Recommend to Council as Committee of the Whole: Pass Action details Meeting details Not available
11/30/20102 COMMON COUNCIL Convene into Committee of the WholePass Action details Meeting details Not available
11/30/20102 COMMON COUNCIL Accept the Recommendation of the Committee of the WholePass Action details Meeting details Not available
11/30/20102 COMMON COUNCIL Recommend to Council as Committee of the Whole: Fail Action details Meeting details Not available
11/22/20101   RECOMMEND TO COUNCIL WITH THE FOLLOWING RECOMMENDATIONS - REPORT OF OFFICER  Action details Meeting details Not available
11/22/20102 BOARD OF ESTIMATES (ended 4/2017) RECOMMEND TO COUNCIL WITH THE FOLLOWING RECOMMENDATIONS - REPORT OF OFFICERPass Action details Meeting details Not available
11/18/20101 COMMON COUNCIL ORGANIZATIONAL COMMITTEE (ended 4/2017) Return to Lead with the Following Recommendation(s)Pass Action details Meeting details Not available
11/9/20101 COMMON COUNCIL Re-refer  Action details Meeting details Not available
11/9/20101 COMMON COUNCIL Re-referPass Action details Meeting details Not available
11/9/20101 COMMON COUNCIL ORGANIZATIONAL COMMITTEE (ended 4/2017) Re-referPass Action details Meeting details Not available
10/19/20101 COMMON COUNCIL Refer  Action details Meeting details Not available
10/19/20101 COMMON COUNCIL Refer  Action details Meeting details Not available
10/19/20101 COMMON COUNCIL Referred  Action details Meeting details Not available
10/13/20101 Attorney's Office Referred for Introduction  Action details Meeting details Not available
Fiscal Note
Based on the terms of this Substitute Alternate resolution (originally presented to the Common Council on December 14, 2010 and commonly referred to as "Version 5") the City would acknowledge transfer of ownership of the Overture Center facility to a private nonprofit organization and would commit to an annual subsidy of $2,000,000 beginning in 2012, contingent upon the satisfaction of all past debt obligations associated with the facility's construction and refinancing. The subsidy would be for both operating and capital costs associated with the facility. This annual support level represents an increase of approximately $700,000 per year when compared to the $1,297,473 budgeted in 2011 for Overture. In future years, the amount of financial support would be adjusted for inflation.

Additional costs associated with the payout of accrued employee benefits to current City employees working at Overture Center would be incurred by the City in 2011, 2012 and future years, as employees move from City positions to positions with the new Overture Center owner. Based on the agreement, at least $163,000 of costs associated with prior pension liability, accrued vacation and comp time benefits would be incurred by the City in 2012. The amount and timing of any additional costs related to the payout of accrued sick leave and future pensions would be determined as a result of required negotiations between the City and Local 60. Additional costs associated with those negotiations cannot be predicted at this time.

The proposed agreement also acknowledges that the new owner of Overture Center may request the City to provide a loan to assist in the financing of future capital maintenance costs. It is anticipated that, if the City agrees to such an arrangement, the loan repayment terms could be structured so that the City's cost of funds could be fully recovered.
Title
SUBSTITUTE ALTERNATE WITH FRIENDLY AMENDMENT Acknowledging private ownership and operation o...

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