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Purpose and Findings. | |
Definitions. |
The Board of Supervisors hereby finds and declares that nonprofit performing arts organizations are an important cultural element of the quality of life in San Francisco. The Board also finds and declares that numerous arts organizations either operate out of facilities which do not meet the standards imposed by City and State fire, building, earthquake and other safety codes or are unable to acquire adequate operating space. Many of these arts organizations are financially unable to maintain their facilities or make the capital improvements needed to bring their facilities into compliance with these codes. This Chapter is therefore enacted in order to make low-cost loans available to qualified arts organizations for facilities maintenance, renovation and capital improvements so that they may carry on their work in facilities which are in full compliance with all applicable code requirements and with all other requirements which enable the facilities to be used for performing arts. In addition, this Chapter is enacted in order that low-cost loans may be made to these arts organizations for the acquisition or renovation of adequate operating space, to the extent that funds are available for this purpose.
The Board of Supervisors expressly finds and declares that the appropriation and expenditure of public funds for the purposes set forth above will serve a public purpose and will benefit the residents of San Francisco as a whole. Nonprofit arts organizations which work in substandard facilities are currently faced with the choice of either continuing to work in environments that are unsafe for their members and audiences alike, or of interrupting their work while they seek new and adequate facilities. The loans to be provided under this Chapter will assure that these arts organizations carry on their efforts in facilities which enhance the health, safety and welfare of the artists and of those who come to view their work.
(Added by Ord. 69-84, App. 2/15/84; amended by Ord. 160-91, App. 4/25/91)
Unless otherwise indicated by the context, the following definitions shall govern the construction of this Chapter:
(a) "Arts organization" shall mean a nonprofit performing arts organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and which is otherwise eligible for loans under this Chapter.
(b) "Director" shall mean the Director of the Grants for the Arts Program.
(c) "Fund" shall mean the Nonprofit Performing Arts Loan Fund, established pursuant to Administrative Code Section 10.117-41.
(d) "Incipient code violation" shall mean a physical condition of property which may reasonably be expected to deteriorate into a code violation within two years.
(Added by Ord. 69-84, App. 2/15/84; amended by Ord. 160-91, App. 4/25/91; Ord. 114-06, File No. 051519, App. 6/1/2006)
Duties of City and County Agencies. | |
Rules and Regulations. | |
Reports to the Board of Supervisors. |
The Director shall be responsible for administration of all aspects of the Nonprofit Performing Arts Loan Program. The Director and each City and County agency assigned responsibilities under this Chapter shall have all such authority as may be reasonably necessary to carry out those responsibilities, including the authority to enter into or amend any agreements that the Director deems necessary to help administer the Nonprofit Performing Arts Loan Program, including but not limited to, agreements with loan servicing agencies. While retaining the overall responsibility for the administration of the program, the Director may utilize the services of the Department of Public Works and the Fire Department in connection with the code enforcement aspects of the program, and the services of the Mayor's Office, Department of Administrative Services, Department of Building Inspection and Real Estate Department in connection with the loan financing aspects of the program. The Director may also request the assistance of any other City and County agency in meeting his or her responsibilities under this program. With respect to funds previously sent through interdepartmental work order from Grants for the Arts to the Non Profit Performing Arts Loan Program to supplement the original $500,000 in the Fund, the Director shall have the discretion to convert such funds for use in making capital grants.
(Added by Ord. 69-84, App. 2/15/84; Ord. 114-06, File No. 051519, App. 6/1/2006)
The Director shall promulgate such rules and regulations as he or she may deem appropriate to carry out the provisions of this Chapter, including rules and regulations for general payment schedule adjustments, individualized payment schedule adjustments and criteria for loan forgiveness where the Director, in consultation with the Controller's Office, deems such provisions are necessary in order to recoup outstanding loans or to ensure the ongoing effectiveness of the program by assisting the economic viability of the borrowers and helping to alleviate debt-related or other financial hardships. Said rules and regulations shall be developed in consultation with pertinent City and County agencies and any other appropriate organizations which the Director in his or her discretion may choose to consult. The Board of Supervisors shall by resolution approve all such rules and regulations prior to their effective date. A copy of all such rules and regulations shall be available for review by the public during regular business hours in the office of the Director, the office of the Clerk of the Board of Supervisors, the Fire Prevention Bureau of the Fire Department, the Department of Public Works and in every other office which is assigned responsibilities for carrying out this program. Within the first six (6) months following the effective date of this Ordinance, the Director shall submit, for review and consideration at a public hearing, a report to the Board of Supervisors containing the financial status on each of the loans in the NPALP portfolio, setting forth (a) any specific criteria for loan adjustments or forgiveness, (b) a plan of action for collection of all remaining delinquent and future loans, and (c) a proposed plan regarding whether NPALP loan recipients may use any portion of their annual City grant funds for NPALP loan repayment purposes.
(Added by Ord. 69-84, App. 2/15/84; Ord. 114-06, File No. 051519, App. 6/1/2006)
The Director shall submit a semi-annual report to the Board of Supervisors, within 90 days following the completion of each six-month period, setting forth a description of all loans made under this Chapter and an accounting of the uses made of all monies appropriated to the fund for the period in question. The Director's report shall include the fees, interest rates and other charges levied for each loan. The semi-annual reports shall also include the following information:
(a) For loans subsequent to the date of the last semi-annual report, the primary purpose of the loan, the principal amount, interest rate, and any fees which have been charged on the loan in excess of regularly scheduled interest payments; and
(b) For loans outstanding as of the date of the last semi-annual report, the outstanding principal balance, the current status of principal and interest, repayments made, if any, any current or potential default under the loan documents and any potential administrative action to be taken with respect thereto.
(Added by Ord. 69-84, App. 2/15/84; amended by Ord. 160-91, App. 4/25/91)
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