6A- Library District PresentationCity of Boulder
Draft Library District Intergovernmental Agreement and Key Issues from the February 8, 2022, Study Session
March 15, 2022
Agenda
Introduction by Nuria Rivera-Vandermyde, City
Manager
Timeline: Library District Discussion to Date
Purpose: Council direction on three key issues for
the Library District IGA
Key Issue1:Lease versus Sale/Deed –Three options
Key Issue 2: Library District Board of Trustee
Appointment –Two options
Key Issues 3:Process for Dissolution of Library
District –Two options
Next Steps
2018
•Council accepted Boulder Public
Library Master Plan.
•Implementation included
sustainable funding options for the library.
2019
•Library Champions proposed a district by
petition, then withdrew after discussions with the City Manager.
2020
•City staff presented background on
municipal and district governance and
funding options.
2021
•Council directed staff to
continue to explore the district
by resolution process and to form a committee to discuss IGA terms.
Oct. -Jan. 2022
•LDAC met and developed
recommendations for the terms of the IGA.
Feb. 2022
•LDAC recommendations on the IGA were presented to council.
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Timeline of Library District Discussion to Date
Establishing a Library District by Resolution
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TABOR Election
Voter approval of
library district
property tax mill
levy
Joint Public hearing and
City Council Resolution /
County Ordinance
Establish Service Area
boundary and
proposed Mill Levy
Council/County Commission
committees appoint
Library District Board of
Trustees
City Council,
Board of County
Commissioners and
Library District Board
negotiate an IGA
April 2022 November 2022
Within
90 days
Library remains a city
service
TABOR measure
fails
June 2022
TABOR measure
approved
Library District forms and
transition process begins
Intergovernmental Agreement (IGA)
Within 90 days of resolution, establishing entities and
library district enter an IGA.
Terms generally providing for a mutually beneficial relationship and the
logistics of separation:
•Conveyance of real or personal property for library services;
•Transition of library employees from the city to the library district;
•Interim funding;
•Terms of contract for administrative, maintenance, personnel, procurement,
insurance, employee benefits, etc.;
•Procedure for future library trustee selection; and
•Process if 2022 TABOR measure fails.
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Key Issue 1:
Lease versus Sale/Deed of library
facilities and land
Question for Council about Key Issue 1
1.Regarding the library facilities, is council interested in transferring
ownership or leasing buildings to the library district for the following
facilities:
•Carnegie Library for Local History (Staff Rec: Transfer land and building)
•George Reynolds Branch Library (Staff Rec: Transfer land and building)
•New north Boulder Branch Library (Staff Rec: Transfer land and building)
•Main Library (Staff Rec: Transfer building)
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Option A. Lease
The city leases one or more of the library buildings to the district.The district is responsible for all maintenance and future capital improvements.
Considerations
•City and library district have landlord/tenant relationship.
•Lease term is limited to 20 or possibly 30 years per Charter section 111.
•Library district controls investment into facilities. The city and district determine the level of city review or approval to modifications to the building.
•City retains ownership of buildings and land.
•Library district could not pledge the properties for bond or certificates of participation funding.
•As the west bookend of Boulder’s Civic Area, the Main Library land has shared use with other city services.
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Option B. Transfer of ownership of the buildings/land
The city transfers one or more of the library buildings to the district with the land. The district is
responsible for maintenance of the buildings and land, and future capital improvements to the
buildings.
Considerations
•Library district owns assets and controls investment in facilities. City and library district do not
have a landlord/tenant relationship.
•Library district may pledge the assets for bond or certificates of participation funding.
•For Carnegie Library for Local History, the George Reynolds Branch Library, and the new north
Boulder branch library, the land is discrete and not used by other city services.
•As the west bookend of Boulder’s Civic Area, the Main Library land has shared use with other
city services.
•The library district will be able to dictate the geographic distribution and diversity of services and
facilities through the sale of property.
•Colorado law* prevents the library district from using the proceeds from the sale of property for
any other purpose than providing library services.
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* C.R.S. §24-90-112(2)(a)
Option C. Combination of Options A and B
For one or more of the library facilities, the city transfers only the buildings
to the district, and the city owns the land.The district is responsible for
maintenance and future capital improvements to the buildings.
Considerations
•Library district owns the buildings. City and library district do not have a
landlord/tenant relationship.
•The city retains ownership of the land. This could be advantageous in
situations where no clear parcel lines exist or the land surrounding asset
has a non-library community purpose, such as the Main Library.
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Key Issue 2:
Library District Board of Trustee
Appointment
Question for Council Key Issue 2
2.What option for the library district board of trustee appointment does council
support?
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Library District Board of Trustee Appointment
The initial board of trustees is appointed by a committee composed of
two members of each establishing entity (City of Boulder and Boulder
County), and then ratified by a two-thirds majority of each legislative
body.
Colorado Library Law provides two options for the appointment of
library district board of trustees as the terms expire after the initial
board members are appointed by the establishing entities.
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Library District Board of Trustee Appointment
Option 1: Establishing entities continue the committee to appoint new trustees for board vacancies, and the appointments are ratified* by a two-thirds majority of each legislative body.
Option 2:Establishing entities delegate to the board of trustees authority to recommend new trustees, and the appointments are ratified *by a two-thirds majority of each legislative body.
*The failure of a legislative body to act within sixty days upon a recommendation shall be considered ratification of such appointment.
Colorado Revised Statutes section 24-90-108(2)(c)
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Key Issue 3:
Process for Dissolution of Library
District
Question for Council Key Issue 3
3.If the TABOR election fails, what option for the timing of dissolution of the
library district does council support?
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Process for Dissolution of a Library District
•The process for dissolution is included in the City Council and Board
of County Commissioners for Boulder County (BOCC) resolutions to
form a library district, respectively.
•Through mutual agreement, council and BOCC may determine the
process in the IGA for dissolution of the library district if the TABOR
ballot item is not approved by voters.
•This timeline and approach is fully negotiable, as this is not a defined
process in state law.
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Process for Dissolution of Library District
Option 1
•Define what years and how many attempts at funding can occur
prior to dissolution. This would look similar to the draft language in
the current draft IGA.
•If council supports this option, direction is desired on what years
and how many.
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Process for Dissolution of Library District
Option 2
•Define a deadline date by which a district must obtain voter approval for tax funding.
This would look something like “The electors of the Library District must approve a XX mill levy to fund the District by the Dec. 31, 2025, or the District shall dissolve without further action by the establishing entities and this IGA shall terminate.”
•Staff recommends this option, as the language provides a simple yet flexible approach to determine how many times and during what years the measure can be put to vote for approval prior to the established deadline by a board of trustees.
•If council supports this option, direction is desired on what date should be included in the draft IGA.
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Questions for Council
1.Regarding the library facilities, is council interested in transferring ownership
or leasing buildings to the library district for the following facilities:
•Carnegie Library for Local History (Staff Rec: Transfer land and building)
•George Reynolds Branch Library (Staff Rec: Transfer land and building)
•New north Boulder Branch Library (Staff Rec: Transfer land and building)
•Main Library (Staff Rec: Transfer building)
2.What option for the library district board of trustee appointment does council support?
3. What option for the timing of dissolution of the library district does council support? (Staff Rec: Option 2)
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Next Steps
April 5, 2022
Public hearing and council consider adopting a resolution to form a
library district, and appointing a committee of two to appoint the
district initial board of trustees.
April 7, 2022
BOCC consider adopting a resolution to form a library district.
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Timeline if a Library District is Formed by
Resolution
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Last June 2022
Meeting
Library District Board of Trustees
meets to execute final IGA
July 2022 Library District Board of
Trustees draft TABOR ballot
measure and meet election
deadlines
August 2022 City Council Meeting
-Approve final IGA
August 2022 BOCC Meeting
-Approve final IGA
October 2022 City Council Meeting
Approval of 2023 budget with
library
Tuesday, Nov. 8,
2022
TABOR election for library district
funding
Week of
Monday, April 11,
2022
Council/County Commissioner
Subcommittee meets to appoint
Library District Board of
Trustees
Tuesday, May 3,
2022
City Council Meeting
-Ratification of Library District
Board
Thursday, May 5,
2022
BOCC Meeting
-Ratification of Library District
Board
Week of
May 23, 2022
Library District Board of
Trustee deadline for notice to
Boulder County of the library
district service area boundary
map and notice to the County
Assessor of the intent to begin
collecting property tax in 2022