8539 - SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF BOULDER AT THE SPECIAL MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, THE QUESTION OF WHETHER TO AMEND SECTIONS 65, 102 AND 130 AND REPEAL SECTIONS 69, 132, 133, AND 134 ORDINANCE 8539 1 2 AN ORDINANCE SUBMITTING TO THE REGISTERED 3 ELECTORS OF THE CITY OF BOULDER AT THE SPECIAL 4 MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, THE QUESTION OF 5 WHETHER TO AMEND SECTIONS 65,102 AND 130 AND REPEAL SECTIONS 69,132, 133, AND134FROMTHE 6 BOULDERHOME RULE CHARTERIF THE INITIATIVE TO CREATE A LIBRARY DISTRICTON THE BOULDER 7 COUNTY BALLOT IS APPROVEDAT THIS ELECTION; SPECIFYING THE FORM OF THE BALLOT AND OTHER 8 ELECTION PROCEDURES; AND SETTING FORTH RELATED DETAILS. 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, 11 COLORADO: 12 13 Section 1.Aspecial municipal coordinated election is called to be held on Tuesday, 14 November 8, 2022. 15 Section 2.At theelection, an initiative will be setforth for voters to consider forming 16 a boulder public library district, and if funding for the district should be approved, the city will 17 18 This is anticipated to include any unspent funds in the library fund on the date of transfer. 19 Section 3.At theelection, a question shall be submitted to the electors of the City of 20 Boulder entitled by law to vote, that will allow voters to determine whetherSections 65, 102,and 21 22130should be amended and Sections69,132, 133, and 134should be repealed from the Boulder 23 Home Rule Charter if the voters approve the initiative that is on the Boulder County ballot to create 24 a library district. The materialproposed to be removedis shown stricken through with solid lines. 25 K:\\CCCO\\o-8539 Cont 2nd Rdg-3406.docx Sec. 65.Administrative departments. 1 2 The following administrative departmentsare hereby created: 3 . . . 4 (f)Department of library and arts. 5 Sec.69.General powers and duties.REPEAL 6 There is hereby created a department of library and arts, the director of which will be 7 subject to the supervision and control of the city manager in all matters,shall be the technical advisor of the library commission and shall have the administrative direction of the department of 8 library and arts, and perform such duties pertaining to the department of library and arts as are in this charter, or may be required by ordinance or assigned by the city manager. The director may 9 be designated as the secretary of the library commission and authorized to perform other necessary functions. 10 11 Sec.102.Transfer of balances. 12 At any time after the passage of the annual appropriation ordinance and after at least one to 13 another purpose and may byordinance appropriate available revenuesnot included in the annual budget. This provision shall not apply to the water,and park, and libraryfunds. 14 Sec.130.General provisions concerning advisory commissions. 15 At any time after the organization of the council elected under the provision of this charter, 16 Thecouncil by ordinance may create and provide for such advisory commissionsas it may deem advisable;providedthat a library commission is hereby created, andthe council shall, within 17 ninety days from its organization, appoint the members thereof. 18 Except as otherwise specified in this charter, each of the existing advisory commissions, including the library commission, shall be composed of five city residents.For any advisory 19 commissions appointed after January 1, 2019, the council shall specify in the ordinance forming the advisory commission whether the commission shall have five or seven members, for any 20 advisory commission created by ordinance adopted in March 2018, the council may, by subsequent ordinance, specify that the commission shall have seven members. All members of 21 a commission shall be appointed by the council, not all of one gender identity, who are well 22 known for their ability, probity, public spirit, and particular fitness to serve on such respective commissions and who are at least eighteen years old and who have resided in the city of Boulder 23 for at least one year immediately prior to their appointment to serve on the commission. When first constituted, the council shall designate the terms for which each member is appointed so 24 that the term of one commissioner shall expire on December 31 of each year; and thereafter the council shall by March of each year appoint one member to serve for a term of five years. The 25 K:\\CCCO\\o-8539 Cont 2nd Rdg-3406.docx council shall have the power to remove any commissioner for non-attendance to duties or for 1 cause. All vacancies shall be filled by the council. When first appointed and annually thereafter 2 following the council's appointment of the commissioner, each commission shall organize by appointing a chair, a vice-chair, and a secretary; all commissioners shall serve without 3 compensation, but the secretary of any commission, if not a member, may receive a salary to be fixed by the council; any commission shall have power to make rules for the conduct of its 4 business. All commissioners shall serve until their successors are appointed. 5 . . . 6 Library Commission 7 Sec. 132. Library commission established.REPEAL 8 There shall be and is hereby established a library commission which shall have the primary responsibility as an advisory commission with regard to the provision of library services 9 to the Boulder community. The members of the commission shall be qualified to serve on an advisory commission pursuant toSection 130 shall not hold any other office in the city, and shall 10 serve without pay. 11 Sec. 133. Powers and duties of library commission.REPEAL The library commission shall not perform any administrative functions unless expressly 12 provided in this charter. The commission shall provide recommendations to the city council in 13 matters concerning the library, and the commission shall have the following duties: 14 (a)Adopt bylaws, rules, and regulations for its guidance and governance; (b)Provide advice to assist in preparation and revision of a master plan for the 15 development and maintenance of a modern library system within the city; 16 (c)Review annually the library budget prepared by the library director prior to its submittal to the city manager and make recommendations regarding approval or 17 modification of the same; 18 (d)Review periodically the directors operational service plans and make comments and recommendations; 19 (e)Make recommendations to the director and the city council on library facilities, 20 including capital improvements, maintenance of existing facilities, and need for new facilities; 21 (f)Review the library directors annual report and make comments and 22 recommendations; 23 (g)Represent the library to the community and the community to the library with the goal of building awareness, understanding, and support; and 24 (h)Take steps as the library commission may deem feasible to encourage grants or gifts 25 in support of the library. K:\\CCCO\\o-8539 Cont 2nd Rdg-3406.docx 1 Sec. 134. -Library fund.REPEAL The city council shall make an annual appropriation, which shall amount to not less than 2 the return of one-third of a mill tax levied upon each dollar of assessed valuation of all taxable property in the City of Boulder. All revenue from such tax shall be paid into the city treasury 3 and be designated the "Library Fund." Said fund shall be used only for the benefit of the library. 4 Revenues from the following sources shall be deposited in the Library Fund referenced above. Expenditures of revenues from the following sources shall be made only upon the 5 favorable recommendation of the library commission. 6 (a)Gifts, bequests, and donations to the fund. 7 (b)Proceeds of the sale of any library property, or the pro rata portion of such property, purchased with funds from the property tax appropriated pursuant to thissection 8 134or the predecessorsection 135or gifts, bequests, and donations. 9 Any portion of the fund remaining unexpended at the end of any fiscal year shall not in any event be converted into the general fund nor be subject to appropriation for general purposes. 10 Money appropriated from the fund which is not expended in whole or in part shall be returned to the fund and shall not be subject to appropriation for general purposes. 11 12 Section 4.The official ballot shall contain the following ballot title, which shall also 13 be the designation and submission clause for the measure: 14 Ballot Question No. ____ 15 Repeal of Library Commission and Tax if Library District Created 16 If the voters approve the initiative to create a library district that is 17 on the ballot of Boulder County at the November 8, 2022 election, shallSections 65,102 and 130 of the Boulder Home Rule Charter 18 be amended and Sections 69,132, 133, and 134be repealed from the Boulder Home Rule Charterand any remaining funds in the 19 Library Fund used all as set forth in Ordinance 8539? 20 For the Measure____Against the Measure____ 21 22 Section 5.This ordinance is necessary to protect the public health, safety, and welfare 23 of the residents of the city, and covers matters of local concern. 24 25 K:\\CCCO\\o-8539 Cont 2nd Rdg-3406.docx Section 6.The City Council deems it appropriate that this ordinance be published by 1 2 title only and orders that copies of this ordinance be made available in the office of the city clerk 3 for public inspection and acquisition. 4 5 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY 6 TITLE ONLY this 21stday of July2022. 7 ____________________________________ 8 Aaron Brockett, Mayor 9 Attest: 10 11 12 ___________________________________ City Clerk 13 14 READ ON SECOND READINGAND CONTINUED this11thday of August 15 2022. 16 17 ___________________________________ Aaron Brockett, 18 Mayor 19 Attest: 20 21 22 ___________________________________ City Clerk 23 24 25 K:\\CCCO\\o-8539 Cont 2nd Rdg-3406.docx CONTINUED this18thday of August2022. 1 2 ___________________________________ 3 Aaron Brockett, 4 Mayor 5 Attest: 6 7 8 ___________________________________ City Clerk 9 10 READ ON CONTINUED SECOND READING, PASSEDAND ADOPTED,this1stday 11 ofSeptember2022. 12 13 ___________________________________ Aaron Brockett, 14 Mayor 15 Attest: 16 17 18 ___________________________________ City Clerk 19 20 21 22 23 24 25 K:\\CCCO\\o-8539 Cont 2nd Rdg-3406.docx