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HomeMy WebLinkAboutTitle 2 Chapter 3 "Boards and Commissions" B.R.C. 1981OFFICE OF THE BOULDER CITY ATTORNEY TITLE 2 GOVERNMENT ORGANIZATION Chapter 3 Boards and Commissionsl lAdopted by Ordinance Nos. 4629, 4651, amended by Ordinance No. 4722. Derived from Ordinance Nos. 2548, 3280, 3521, 3712, 3750, 3940, 3814, 3950, 3967, 4000, 4168, 4169, 4170, 4171, 4276, 4437, 4504. 2-3-1 General Provisions. (a) The city council: Paoe I of 17 Clty af Boujdex ,~,f, ~~.~.~ ~ ~ ~ (1) At a regular meeting in January shall appoint members to city boards and commissions, who aze city electors representing both sexes; (2) May remove any member by majority vote for conflict of interest violation~, any other violation of applicable law, regulation, or policy, non-attendance to duty, failure to attend three consecutive regulazly scheduled meetings without a leave of absence approved by a majoriry of the board or commission, or any other cause; and (3) Shall fill any vacancy for the remainder of its term. (b) Each city board or commission shall: (1) Hold regular monthly meetings; (2) Keep minutes of its meetings and records of its transactions, which aze publicly available; (3) Appoint a chair, vice-chair, and secretary (who may be a city employee); (4) Conduct its meetings under Robert's Rules of Order, Newly Revised (1981), unless the board or commission adopts other rules of ineeting procedure; (5) Hold all meetings open to the public, after full and timely notice of date, time, place, and subject matter of the meeting, and provide an opportunity for public comment at the meeting; and (6) Unless otherwise provided by law, conduct all quasi-judicial hearin~s under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. (c) Unless otherwise provided by law, tlu-ee members of each board constitute a quorum, and each board or commission shall act only on an affirmative vote of at least three members. (d) Unless otherwise provided by law, each city board or commission is authorized to: OFFICE OF THE BOULDER CITY ATTORNEY Page 2 of 17 (1) Hold special meetings at any time upon the call of a quorum and after at least twenty- four hours' notice to members and as much public notice as is practicable under the circumstances; (2) Administer oaths; (3) Adopt rules iuterpretiilg its legislative duties under this code and establishing procedures in aid of its functions; and (4) Issue subpoenas to require the presence of persons and the production of writings, papers, books, documents, records, or tangible things necessary to its proceedings. (A) The secretary of the board or commission shall issue subpoenas upon written request therefor. (B) Subpoenas shall be served in accordance with the provisions of Colorado Rules of Civil Procedure 45(c), except that no witness fees or mileage shall be paid. (C) No person shall fail to obey a subpoena issued by the boazd or commission. (e) Except as otherwise provided by law, a11 members of city boards and commissions shall serve without pay, shall serve until their successors take office, and shall not hold any other office in the city, but the secretary of any board or commission may be a city employee. (~ If a member of a city board or commission is present at a meeting and refuses to vote, the member's vote shall be recorded in the affirmative. No member is excused from voting except on approving minutes of a meeting that the member did not attend or on a matter creating a conflict of interest under Chapter 2-7, "Conflicts of Interest," B.R.C. 1981, or on consideration of such member's conduct in the business of the board or commission. (g) If a city board or commission listed in this chapter, or the city council, the Boulder Municipal Property Authority, or an advisory body to a general improvement district, gives posted notice of a public meeting other than a notice required to be posted on affected property, in addition to any other place where such notice is posted, the notice shall be posted on the bulletin board in the first floor lobby of the municipal building located on the southwest corner of Broadway aud Canyon. It shall not be necessary for any of these bodies to designate this place for posting atmually. Except in cases of emergency meetings, such notice, if posted, shall be posted at least twenty-four hours in advauce of the meeting. Notice posted pursuant to this subsection shall be full and timely notice, but no meeting shall be deemed not to have been preceded by full and timely notice merely because notice was not posted as allowed in this subsection so long as full and timely notice was given by some other means. ~ For prohibited conflicts of interest, see Chapter 2_7, "Conflicts of Interest," B.R.C. 198 ]. Ordinance No. 5621 (1994). OFFICE OF THE BOULDER CITY ATTORNEY L'~,1~"~/ ' ~ ~5f'/~l~ ~~'vU u Q~ 'Subsection 31-25-608, C.R.S. 'Subsection 39-1-110(1), C.R.S. 8-4-8 City Council is Governing Body of District. Pape g Of ~ 1 (a)The city council is ex officio the board of directors of each district established under this chapter. (b)The mayor is ex officio chair and president of the board of directors. (c)Tl~e ciTy manager is ex officio general manager of the district. (d)The city manager is ex officio secretary of the board of directors and shall keep records of all board proceedings, minutes of all meetings, and certificates, contracts, and documents of all corporate acts, all of which are open to public inspection. (e)The city manager is ex officio treasurer of the board of directors and the district, shall keep permanent records containing accurate accounts of all money received by and disbursed on behalf of the district, and may certify delinquent taxes, charges, and assessments of the district to the Boulder County Treasurer for wllection pursuant to the provisions of Section 2-2-12, "City Manager May Certify Tases, Chazges, or Assessments to County Treasurer for Collection," B.R.C. 1981. ( flThe boazd of directors shall adopt a seal. 8-4-9 District Board Meeting. (a)The board of directors shall hold meetings that are open to the public at the municipal building, Boulder, Colarado, or at such other place as the board designates and as often as the needs of the district require, after notice to each member of the board. (b)Five members of the board constitute a quorum. The board may not meet without a quorum present. (c)A majority vote of the directors present at a meeting is necessary to authorize any action of the board. 8-4-10 Advisory Committee. (a)Tliose district electors named in the petition to represent the petitioners during organization constitute an advisory conunittee to the board of directors after the district is formed. The first district elector named in the petition shall serve for up to one year, until the board shall appoint successor members. Thereafter, the advisory committee shall consist of tlu-ee persons who are district electors, owners of taxed real or personal property in the district, or designated representatives of such owners who are regularly employed in the district and two citizens at large who may or may not have such qualifications, serving terms of five years each. The initial terms shall be staggered to assure that one term expires in each year. The board shall fill any vacancy with a siinilarly qualified person. OFFICE OF THE BOULDER CITY ATTORNEY Page 9 of 2] (b)The advisoiy coimnittee's duties sha11 be to: (1)Act as liaison betweeu the Uoard and tl~e district electors, property owners, residents, and other interested persons; (2)Propose needed impi•ovenients aud programs to tlle board for consideratio~~; (3)Make recommendations to ihe board concerning the budget of and any problems, questions, and other matters concerning the district; and (4)Perform such other tasks as the board requests. (c)The advisory committee shall: (1)Hold regular monthly ineetings, unless the board shall by resolution otherwise provide; (2)Keep ininutes of its meetings, which are publicly available; (3)Appoint a moderator, vice-moderator, and secretary (who may be a city employee); (4)Conduct its meetings under Roberts' Rules of Order, Newly Revised (1981), unless the board or the committee adopts other rules of ineeting procedure; and (5)Hold all meetings open to the public, after notice of date, time, place, and subject matter of the ineeting, and provide an opportunity for public comment at the meeting; (d)A majority of the committee constitutes a quorum, and the conunittee shall act only on au affirn7ative vote of at least a quorum. (e)The committee is authorized to: (1)Hold special meetings at any time upon the call of a quorum or of the general manager and after at least twenty-four hours' notice to members and as much public notice as is practicable under the circumstances; and (2)Establish procedures in aid of its functions. (~Committee members shall serve without pay, shall serve mitil their successors take office, and shall not hold any other office in the city, but tl~e secretary may be a city employee. (g)If a member of the committee is present at a meeting and refuses to vote, the member's vote shall be recorded in the afPirmative. No member is excused from voting except on approving minutes of a meeting that the member did not attend or on a matter creating a conflict of interest under Chapter 2_ 7"Conflicts of Interest," B.R.C. 1981, or on consideration of such member's conduct in the business of the committee. (h)The board may remove committee members pursuant to the staudards contained ii~ para~ph 2-3- OFFICE OF THE BOULDER CITY ATTORNEY I a 2, B.R.C. 1981. Page 10 of 21 (i)The provisions of Cha~ter 3-7, "Conflicts of Interest," B.R.C. 1981, apply to committee members, but no member is disqualified from perforining any duty imposed or provided by this cl~apter solely by reason of residence, employment, or ownership of property within the district. (j)None of the provisions of this section apply to the City of Boulder Central Area General Improvement District. The Downtown Management Commission established by Section 2-3-5, "Downtown Management Commission," B.R.C. 1981, shall serve in lieu of an advisory committee for CAC~ID, and shall have the duties set forth in subsection (c) of this section in addition to and not by way of limitation on those duties, powers, and functions delegated to the Downtown Management Commission elsewhere in this code. Ordinance Nos. 5085 (1987); 5187 (1989); 5518 (1992). 8-4-11 Powers of the District. Each district established under this chapter has the following limited powers: (a)To have perpetual existence, have and use a corporate seal, sue and be sued, and be a pariy to suits and proceedings; (b)Except as may otherwise be provided in this chapter, to enter into contracts and agreements affecting the affairs of the district, including, without limitation, contracts with the United States and any of its agencies. Except in cases in which a district receives aid from an agency of the federal govemment, the district shall follow the procedures set forth in Cha~ter 2-8, "Purchasing Procedures," B.R.C. 1981, and every reference therein to the city shall also be deemed to apply to each district; (c)To borrow money and incur indebtedness, evidenced by certificates, warrants, notes, and debentures, and to issue negotiable bonds in accordance with the provisions of this chapter; (d)To zefund any bonded or other indebtedness of the district widiout an election and to issue refunding bonds, certificates, warrants, notes, or debentures in accordance with the provisions of this chapter; (e)To acquire, construct, install, maintain, operate, improve, and repair the improvements contemplated by the initiating petition arid provide the services so contemplated and all property, rights, or interests incidental or appurtenant thereto and to acquire and dispose of real and personal property and any interest therein, including, without limitation, leases and easements, in coimection therewith; ( flTo manage, control, and supervise all of the business affairs of dze district and the installation, construction, operation, replacement, maintenance, repair, and improvement of the property and improvements of the district and the provision of district services; (g)To purchase or otherwise acquire all types of interests in real and personal property, both within and wlthout the boundaries of the district, necessary or desirable for the exercise of the powers granted in this chapter; to have and exercise the power of eminent domain and dominant eminent OFFICE OF THE BOULDER CITY ATTORNEY Page 11 of 21 domain, both within and without the boundaries of tl7e district, and, in the manner provided by law for condemnation of private real or personal property for public use, to take any property necessary or desirable for the exercise of the powers granted in this chapter; (h)To construct, install, repair, replace, operate, and maintain improvements across or along any public street, alley, stream, or watercourse, afier obtaining approval fi•om appropriate persons and agencies; (i)To fix and from time to time to increase or decrease charges far any revenue-producing services or facilities, including, without limitation, user charges, minimum charges for the availability of seivices or facilities, and all other charges that the board deems appropriate, to prescribe interest, collection costs, and other charges for delinquencies, and to pledge the revenue derived therefrom far the payment of any indebtedness of flle district; (j)To prescribe and enforce rules for connecting with and disconnecting from and use of services and facilities for non-payment of charges therefor; (k)To establish reasonable additional procedures and practices for collection of delinquent charges of the district; (1)To adopt and amend by-laws consistent with United States and Colorado Constitutions, state and federal law, the charter, this code, and any other ordinance of the city to carry on the business of the district; (m)To accept responsibility to maintain and repair public property located in but not owned by the district that the board finds benefits the district; (n)To contract with the city to administer the dish•ict's program and operations; (o)To copyright designs used for or by the district; and (p}To have and exercise all rights and powers necessary, desirable, or incidental to or implied from the specific powers granted in this chapter; but the enumeration of such specific powers does not limit the powers necessary, desirable, or appropriate to carry out the purposes, objectives, or intent of this chapter. Ordinance Nos. 5099 (1988); 7053 (2000). 8-4-12 Powers to Levy Taxes. In addition to other means of providing revenue for a district established under this chapter, the board of directors may levy and collect ad valorem taxes on all taxable properry within the district without limitation as to rate or amount. But such taxing authority does not limit the power of the district to issue obtigations payable solely or in part from the income of revenue-producing facilities or services. 8-4-13 Rate of Tax Levy; Budget; Fiscal Year. (a)After considering all sources of revenLie, the board of directors amlually shall determine the