08.11.22 City Council Special Meeting Agenda
M ayor
Aaron Brockett
Council M e mbe rs
Matt Benjamin
Lauren Folkerts
Rachel Friend
Junie Joseph
Nicole Speer
Mark Wallach
Tara Winer
Bob Yates
Council Chambers
1777 Broadway
Boulder, CO 80302
August 11, 2022
6:00 PM
City M anage r
Nuria Rivera-Vandermyde
City Attorne y
Teresa Taylor Tate
City Cle rk
Elesha Johnson
AGENDA FOR T HE SPECIAL MEET ING OF T HE
BOULDER CIT Y COUNCIL
1.C all to Order and Roll C all
A.C O V ID-19 and Hybrid Council M eetings Discussion 15 min
2.Public Hearings
A.Second reading and public hearing on the following ballot items:
1. S econd reading and consideration of a motion to adopt Ordinance
8534 submitting to the registered electors of the C ity of Boulder at the
Special M unicipal Coordinated Election to be held on Tuesday,
November 8, 2022, the question of whether to repeal Ordinance 8483
regarding the annexation of C U South; specifying the form of the ballot
and other election procedures; and setting forth related details
2. S econd reading and consideration of a motion to adopt Ordinance
8539 submitting to the registered electors of the C ity of Boulder at the
Special M unicipal Coordinated Election to be held on Tuesday,
November 8, 2022, the question of whether to amend S ections 65, 102
and 130 and repeal Sections 69, 132, 133, and 134 from the B oulder
Home Rule Charter if the initiative to create a library district on the
B oulder C ounty Ballot is approved at this election; specifying the form of
the ballot and other election procedures; and setting forth related details
3. S econd reading and consideration of a motion to adopt Ordinance
8540 submitting to the registered electors of the C ity of Boulder at the
Special M unicipal Coordinated Election to be held on Tuesday,
November 8, 2022, the question of whether to amend S ections 5 and 9 of
the Boulder Home Rule Charter to prohibit running for more than one
office at an election, allow a council member whose term does not expire
at the election to run for mayor in the election, fill a vacancy for the
expired term, and change the swearing-in date of newly elected officials;
specifying the form of the ballot and other election procedures; and
setting forth related details
30 min
presentation/210
min
discussion
Packet Page 1 of 46
4. S econd reading and consideration of a motion to adopt Ordinance
8546 submitting to the registered electors of the C ity of Boulder at the
Special M unicipal Coordinated Election to be held on Tuesday,
November 8, 2022, the question of whether to amend S ections 5, 14 and
22 of the B oulder Home Rule Charter to change the regular municipal
elections of candidates to even-numbered years beginning in 2026;
implement the transition by reducing the terms of the council members
elected in 2023 and 2025 to three years and increasing the term of the
mayor elected in 2023 to three years; specifying the form of the ballot and
other election procedures; and setting forth related details
5. S econd reading and consideration of a motion to adopt Ordinance
8542 submitting to the registered electors of the C ity of Boulder at the
Special M unicipal Coordinated Election to be held on Tuesday,
November 8, 2022, the questions of authorizing the City C ouncil to
replace the existing utility occupation tax and climate action plan excise
tax with a new climate tax beginning January 1, 2023, and expiring
D ecember 31, 2040, and authorizing debt to be repaid from such tax up to
a principal amount of $52,900,000 to meet the city’s climate goals;
specifying the form of the ballot and other election procedures; and
setting forth related details
3.D iscussion Items
4.D ebrief
5.Adjournment
4:00 hrs
City Council documents, including meeting agendas, study session agendas, meeting ac tion
summaries and information packets can be accessed at www.bouldercolorado.gov/city-council.
This meeting can be viewed at www.bouldercolorado.gov/city-council. Meetings are aired live on
Munic ipal Channel 8 and the c ity 's website and are re-cablecast at 6 p.m. Wednesdays and 11 a.m.
Fridays in the two weeks following a regular counc il meeting.
Boulder 8 TV (C omc ast channels 8 and 880) is now providing c losed captioning for all live meetings
that are aired on the channels. The closed captioning service operates in the same manner as
similar services offered by broadcast c hannels, allowing viewers to turn the closed captioning on or
off with the television remote control. Closed c aptioning also is available on the live HD stream on
Boulder Channel8.com. To activate the c aptioning servic e for the live stream, the "C C" button
(whic h is located at the bottom of the video play er) will be illuminated and available whenever the
channel is providing c aptioning servic es.
The c ouncil c hambers is equipped with a T-Coil assisted listening loop and portable assisted
listening devic es. I ndividuals with hearing or speech loss may contact us using Relay C olorado at
711 or 1-800-659-3656.
Anyone requiring special packet preparation such as Braille, large print, or tape recorded versions
may c ontact the City C lerk's Office at 303-441-4222, 8 a.m. - 5 p.m. Monday through Friday.
Please request spec ial packet preparation no later than 48 hours prior to the meeting.
I f y ou need Spanish interpretation or other language-related assistance for this meeting, please call
(303) 441-1905 at least three business days prior to the meeting. Si usted nec esita interpretac ion o
Packet Page 2 of 46
cualquier otra ayuda con relac ion al idioma para esta junta, por favor comuniquese al (303) 441-
1905 por lo menos 3 negocios dias antes de la junta.
Send electronic presentations to email address: CityClerkS taff@bouldercolorado.gov no later
than 2 p.m. the day of the meeting.
Packet Page 3 of 46
C OVE R SH E E T
ME E T I N G D AT E
August 11, 2022
AG E N D A I T E M
C O VID-19 and Hybrid Council Meetings Discussion
P RI MARY STAF F C ON TAC T
Pam Davis, Assistant C ity Manager
AT TAC H ME N T S:
Description
No Attachments Available
Packet Page 4 of 46
C OVE R SH E E T
ME E T I N G D AT E
August 11, 2022
AG E N D A I T E M
Second reading and public hearing on the following ballot items:
1. Second reading and consideration of a motion to adopt Ordinance 8534 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 repeal Ordinance 8483
regarding the annexation of C U South; specifying the form of the ballot and other election
procedures; and setting forth related details
2. Second reading and consideration of a motion to adopt Ordinance 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 from the Boulder Home Rule Charter if the
initiative to create a library district on the Boulder C ounty Ballot is approved at this election;
specifying the form of the ballot and other election procedures; and setting forth related details
3. Second reading and consideration of a motion to adopt Ordinance 8540 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 5 and 9 of
the Boulder Home Rule C harter to prohibit running for more than one office at an election,
allow a council member whose term does not expire at the election to run for mayor in the
election, fill a vacancy for the expired term, and change the swearing-in date of newly elected
officials; specifying the form of the ballot and other election procedures; and setting forth
related details
4. Second reading and consideration of a motion to adopt Ordinance 8546 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 5, 14 and 22
of the Boulder Home Rule C harter to change the regular municipal elections of candidates to
even-numbered years beginning in 2026; implement the transition by reducing the terms of the
council members elected in 2023 and 2025 to three years and increasing the term of the mayor
elected in 2023 to three years; specifying the form of the ballot and other election procedures;
and setting forth related details
Packet Page 5 of 46
5. Second reading and consideration of a motion to adopt Ordinance 8542 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 questions of authorizing the City C ouncil to replace
the existing utility occupation tax and climate action plan excise tax with a new climate tax
beginning J anuary 1, 2023, and expiring December 31, 2040, and authorizing debt to be repaid
from such tax up to a principal amount of $52,900,000 to meet the city’s climate goals;
specifying the form of the ballot and other election procedures; and setting forth related details
P RI MARY STAF F C ON TAC T
Kathy Haddock, Senior Counsel, 303.441.3020
RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E
1. Motion to adopt Ordinance 8534 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 repeal Ordinance 8483 regarding the annexation of C U
South; specifying the form of the ballot and other election procedures; and setting forth related
details
2. Motion to adopt Ordinance 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 from the Boulder Home Rule Charter if the initiative to create a library district
on the Boulder C ounty Ballot is approved at this election; specifying the form of the ballot
and other election procedures; and setting forth related details
3. Motion to adopt Ordinance 8540 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 5 and 9 of the Boulder Home Rule Charter
to prohibit running for more than one office at an election, allow a council member whose term
does not expire at the election to run for mayor in the election, fill a vacancy for the expired
term, and change the swearing-in date of newly elected officials; specifying the form of the
ballot and other election procedures; and setting forth related details
4. Motion to adopt Ordinance 8546 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 5, 14 and 22 of the Boulder Home Rule
C harter to change the regular municipal elections of candidates to even-numbered years
beginning in 2026; implement the transition by reducing the terms of the council members
elected in 2023 and 2025 to three years and increasing the term of the mayor elected in 2023
to three years; specifying the form of the ballot and other election procedures; and setting forth
related details
5. Motion to adopt Ordinance 8542 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 questions of authorizing the C ity Council to replace the existing utility occupation
Packet Page 6 of 46
tax and climate action plan excise tax with a new climate tax beginning J anuary 1, 2023, and
expiring December 31, 2040, and authorizing debt to be repaid from such tax up to a principal
amount of $52,900,000 to meet the city’s climate goals; specifying the form of the ballot and
other election procedures; and setting forth related details
AT TAC H ME N T S:
Description
I tem 2A - P ublic Hearing on Ballot I tems
Packet Page 7 of 46
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: August 11, 2022
AGENDA TITLE
Second reading and consideration of a motion to adopt Ordinance 8534 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 repeal
Ordinance 8483 regarding the annexation of CU South; specifying the form of the ballot
and other election procedures; and setting forth related details
PRESENTERS
Nuria Rivera-Vandermyde, City Manager
Teresa Tate, City Attorney
Kathy Haddock, Senior Counsel
Elesha Johnson, City Clerk
EXECUTIVE SUMMARY
The city received a referendum petition that was deemed sufficient on November 1, 2021.
The petition asked whether Ordinance 8483 regarding the annexation of CU South should
be repealed. Ordinance 8483 annexing and zoning the CU South property was adopted
by emergency on September 21, 2021, and the annexation was recorded in the records of
Boulder County on September 22, 2021, as required by the Municipal Annexation Act
and Sec. 50 of the Boulder Home Rule Charter. Because the Charter provides that the
ordinance will be in effect rather than suspended pending the referendum election, both
the city and the property owner have been implementing the annexation agreement since
approval on September 21, 2021.
Item 2A - Public Hearing on Ballot Items Page 1
Packet Page 8 of 46
Pursuant to Article V of the Colorado Constitution and the City Charter, the referendum
is to be on the ballot at the next municipal election. Proposed Ordinance 8534
(Attachment A) submits to the voters at the November 8, 2022, election the question
contained in the referendum petition and as provided to council at the May 10, 2022,
study session. Council approval of Proposed Ordinance 8534 is not a vote for or against
the ballot item; the vote is only to place the referendum question on the ballot as required
by law.
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the following
motion:
Motion to adopt Ordinance 8534 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 repeal Ordinance 8483 regarding the annexation of CU South;
specifying the form of the ballot and other election procedures; and setting forth related details
NEXT STEPS
Adoption of Proposed Ordinance 8534 on August 11, 2022, or such later date prior to
September 1, 2022, as determined by council.
ATTACHMENT
A – Proposed Ordinance 8534
Item 2A - Public Hearing on Ballot Items Page 2
Packet Page 9 of 46
K:\CCCO\o-8534 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE 8534
AN ORDINANCE 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 REPEAL ORDINANCE 8483 REGARDING THE
ANNEXATION OF CU SOUTH; SPECIFYING THE FORM OF
THE BALLOT AND OTHER ELECTION PROCEDURES; AND
SETTING FORTH RELATED DETAILS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. On October 21, 2021, a petition committee presented a referendum petition
with sufficient signatures of registered electors for a vote on the repeal of Ordinance 8483,
annexation of CU South. The referendum petition was deemed sufficient by the city clerk on
November 1, 2021.
Section 2. A special municipal coordinated election is called to be held on Tuesday,
November 8, 2022.
Section 3. The charter requires that the ballot title be a clear, concise statement,
without argument or prejudice, descriptive of the substance of the measure and phrased so the
voters determine if they are “for the measure” or “against the measure.”
Section 4. The official ballot shall contain the following ballot title, which shall also
be the designation and submission clause for the measure:
Attachment A - Proposed Ordinance 8534
Item 2A - Public Hearing on Ballot Items Page 3
Packet Page 10 of 46
K:\CCCO\o-8534 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ballot Question No. ____
Repeal of Ordinance 8483, regarding the annexation of CU South
Should Ordinance 8483 regarding the annexation of CU South, be
repealed?
For the Measure ____ Against the Measure ____
Section 5. This ordinance is necessary to protect the public health, safety, and welfare
of the residents of the city, and covers matters of local concern.
Section 6. The City Council deems it appropriate that this ordinance be published by
title only and orders that copies of this ordinance be made available in the office of the city clerk
for public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 21st day of July 2022.
____________________________________
Aaron Brockett,
Mayor
Attest:
___________________________________
City Clerk
Attachment A - Proposed Ordinance 8534
Item 2A - Public Hearing on Ballot Items Page 4
Packet Page 11 of 46
K:\CCCO\o-8534 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
READ ON SECOND READING, PASSED AND ADOPTED, this 11th day of August
2022.
___________________________________
Aaron Brockett,
Mayor
Attest:
___________________________________
City Clerk
Attachment A - Proposed Ordinance 8534
Item 2A - Public Hearing on Ballot Items Page 5
Packet Page 12 of 46
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: August 11, 2022
AGENDA TITLE
Second reading and consideration of a motion to adopt Ordinance 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 from the Boulder
Home Rule Charter if the initiative to create a library district on the Boulder County
Ballot is approved at this election; specifying the form of the ballot and other election
procedures; and setting forth related details
PRESENTERS
Nuria Rivera-Vandermyde, City Manager
Chris Meschuk, Deputy City Manager
Teresa Tate, City Attorney
Kathy Haddock, Senior Counsel
Kara Skinner, Chief Financial Officer
Elesha Johnson, City Clerk
EXECUTIVE SUMMARY
At its study session regarding ballot issues on May 10, 2022, council directed that staff
bring an ordinance to council that deletes the Charter references to the library to go into
effect only if the voters approve a library district. The question of whether a library
district should be formed is through an initiative to Boulder County. The initiative
petition has been submitted and the county is holding a hearing on it this summer.
Proposed Ordinance 8539 (Attachment A) repeals Sections 69, 132, 133 and 134 from
the Charter. Sections 69, 102 and 130 are only amended to the extent they address the
Item 2A - Public Hearing on Ballot Items Page 6
Packet Page 13 of 46
library, dedicated library funds, and the library commission. The amendments to Section
102 are necessary to prevent appropriated funds from being “stuck” in the Library Fund
with no authority to spend the funds.
If the library district is approved by the voters, city staff will work with the new library
district to transition the city library assets to the new district over the next few years. The
result of those discussions will be brought to council for its consideration for approval in
the form of an IGA. Eliminating the library provisions from the Charter does not prevent
the council from appropriating funds for the library during the interim transition period or
keeping the Library Commission in place during the transition; it simply removes from
the Charter the limitations on council of how to do so. Part of the transition plan will also
include changes to the code provisions regarding the library.
The ballot language is written so that the Charter changes will not go into effect unless
the voters approve funding for the library district. Approval of Proposed Ordinance 8539
is not approval of a library district; it allows for amendment of the Charter regarding the
existing city libraries that will go into effect only if the voters approve a library district.
The background in the first reading memo is available here.
STAFF RECOMMENDATION
NEXT STEPS
Adoption of Proposed Ordinance 8539 on August 11, 2022, or such later date prior to
September 1, 2022, as determined by council.
ATTACHMENT
A – Proposed Ordinance 8539
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the
following motion:
Motion to adopt Ordinance 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 from the Boulder Home Rule Charter if the
initiative to create a library district on the Boulder County Ballot is approved at this
election; specifying the form of the ballot and other election procedures; and setting forth
related details
Item 2A - Public Hearing on Ballot Items Page 7
Packet Page 14 of 46
K:\CCCO\o-8539 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE 8539
AN ORDINANCE 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 FROM THE
BOULDER HOME RULE CHARTER IF THE INITIATIVE TO
CREATE A LIBRARY DISTRICT ON THE BOULDER
COUNTY BALLOT IS APPROVED AT THIS ELECTION;
SPECIFYING THE FORM OF THE BALLOT AND OTHER
ELECTION PROCEDURES; AND SETTING FORTH RELATED
DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. A special municipal coordinated election is called to be held on Tuesday,
November 8, 2022.
Section 2. At the election, an initiative will be set forth for voters to consider forming
a boulder public library district, and if funding for the district should be approved, the city will
enter into negotiations to define the process of transferring the city’s library services to the district.
This is anticipated to include any unspent funds in the library fund on the date of transfer.
Section 3. At the election, a question shall be submitted to the electors of the City of
Boulder entitled by law to vote, that will allow voters to determine whether Sections 65, 102, and
130 should be amended and Sections 69, 132, 133, and 134 should be repealed from the Boulder
Home Rule Charter if the voters approve the initiative that is on the Boulder County ballot to create
a library district. The material proposed to be removed is shown stricken through with solid lines.
Attachment A - Proposed Ordinance 8539
Item 2A - Public Hearing on Ballot Items Page 8
Packet Page 15 of 46
K:\CCCO\o-8539 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Sec. 65. – Administrative departments.
The following administrative departments are hereby created:
. . .
(f) Department of library and arts.
Sec. 69. – General powers and duties. REPEAL
There is hereby created a department of library and arts, the director of which will be
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
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
be designated as the secretary of the library commission and authorized to perform other necessary
functions.
Sec. 102. – Transfer of balances.
At any time after the passage of the annual appropriation ordinance and after at least one
week’s public notice, the council may transfer unused balances, appropriated for one purpose to
another purpose and may by ordinance appropriate available revenues not included in the annual
budget. This provision shall not apply to the water, and park, and library funds.
Sec. 130. – General provisions concerning advisory commissions.
At any time after the organization of the council elected under the provision of this charter,
The council by ordinance may create and provide for such advisory commissions as it may deem
advisable; provided that a library commission is hereby created, and the council shall, within
ninety days from its organization, appoint the members thereof.
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
commissions appointed after January 1, 2019, the council shall specify i n the ordinance forming
the advisory commission whether the commission shall have five or seven members, for any
advisory commission created by ordinance adopted in March 2018, the council may, by
subsequent ordinance, specify that the commission shall hav e seven members. All members of
a commission shall be appointed by the council, not all of one gender identity, who are well
known for their ability, probity, public spirit, and particular fitness to serve on such respective
commissions and who are at leas t eighteen years old and who have resided in the city of Boulder
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
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
Attachment A - Proposed Ordinance 8539
Item 2A - Public Hearing on Ballot Items Page 9
Packet Page 16 of 46
K:\CCCO\o-8539 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
council shall have the power to remove any commissioner for non -attendance to duties or for
cause. All vacancies shall be filled by the council. When first appointed and annually thereafter
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
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
business. All commissioners shall serve until their successors are appointed.
. . .
Library Commission
Sec. 132. – Library commission established. REPEAL
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
to the Boulder community. The members of the commission shall be qualified to serve on an
advisory commission pursuant to Section 130 shall not hold any other office in the city, and shal l
serve without pay.
Sec. 133. – Powers and duties of library commission. REPEAL
The library commission shall not perform any administrative functions unless expressly
provided in this charter. The commission shall provide recommendations to the city council in
matters concerning the library, and the commission shall have the following duties:
(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
development and maintenance of a modern library system within the city;
(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
modification of the same;
(d) Review periodically the director ’s operational service plans and make comments
and recommendations;
(e) Make recommendations to the director and the city council on library facilities,
including capital improvements, maintenance of existing facilit ies, and need for
new facilities;
(f) Review the library director ’s annual report and make comments and
recommendations;
(g) Represent the library to the community and the community to the library with the
goal of building awareness, understanding, and sup port; and
(h) Take steps as the library commission may deem feasible to encourage grants or gifts
in support of the library.
Attachment A - Proposed Ordinance 8539
Item 2A - Public Hearing on Ballot Items Page 10
Packet Page 17 of 46
K:\CCCO\o-8539 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Sec. 134. - Library fund. REPEAL
The city council shall make an annual appropriation, which shall amount to not less than
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
and be designated the "Library Fund." Said fund shall be used onl y for the benefit of the library.
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
favorable recommendation of the library commissio n.
(a) Gifts, bequests, and donations to the fund.
(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 this section
134 or the predecessor section 135 or gifts, bequests, and donations.
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.
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.
Section 4. The official ballot shall contain the following ballot title, which shall also
be the designation and submission clause for the measure:
Ballot Question No. ____
Repeal of Library Commission and Tax if Library District Created
If the voters approve the initiative to create a library district that is
on the ballot of Boulder County at the November 8, 2022 election,
shall Sections 65, 102 and 130 of the Boulder Home Rule Charter
be amended and Sections 69, 132, 133, and 134 be repealed from
the Boulder Home Rule Charter and any remaining funds in the
Library Fund used all as set forth in Ordinance 8539?
For the Measure ____ Against the Measure ____
Section 5. This ordinance is necessary to protect the public health, safety, and welfare
of the residents of the city, and covers matters of local concern.
Attachment A - Proposed Ordinance 8539
Item 2A - Public Hearing on Ballot Items Page 11
Packet Page 18 of 46
K:\CCCO\o-8539 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 6. The City Council deems it appropriate that this ordinance be published by
title only and orders that copies of this ordinance be made available in the office of the city clerk
for public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 21st day of July 2022.
____________________________________
Aaron Brockett,
Mayor
Attest:
___________________________________
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED, this 11th day of August
2022.
___________________________________
Aaron Brockett,
Mayor
Attest:
___________________________________
City Clerk
Attachment A - Proposed Ordinance 8539
Item 2A - Public Hearing on Ballot Items Page 12
Packet Page 19 of 46
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: August 11, 2022
AGENDA TITLE
Second reading and consideration of a motion to adopt Ordinance 8540 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 5 and 9 of the Boulder Home Rule Charter to prohibit running for more than
one office at an election, allow a council member whose term does not expire at the
election to run for mayor in the election, fill a vacancy for the expired term, and change
the swearing-in date of newly elected officials; specifying the form of the ballot and
other election procedures; and setting forth related details
PRESENTERS
Nuria Rivera-Vandermyde, City Manager
Teresa Tate, City Attorney
Kathy Haddock, Senior Counsel
Elesha Johnson, City Clerk
EXECUTIVE SUMMARY
At the special meeting on June 14, 2022, council requested that a clarifying ballot
measure be placed on the ballot to make it clear that a person can be a candidate for only
one office at an election but that a council member whose term does not end at the
election may run for mayor without resigning their seat unless they win the election for
mayor. At the meeting on June 21, 2022, council requested that all of the charter changes
necessary to clarify issues be included in one ballot question. Previously the changes had
been in two separate ordinances and the language about swearing-in newly elected
Item 2A - Public Hearing on Ballot Items Page 13
Packet Page 20 of 46
officials also appeared in the ballot language about even year election. As directed, all of
these Charter clarification issues about candidates are in one ballot question.
Proposed Ordinance 8540 (Attachment A) amends Sections 5 and 9 of the Charter to:
A. Allow a person to be a candidate for only one office at an election;
B. Allow a council member whose term does not expire at the election to run for
mayor without resigning their seat unless elected mayor;
C. Fill the vacancy of any council seat for the expired term (the 2020 amendments
provided that vacancies would be filled for two years which could have realigned
the rotation of council seats); and
D. Change the swearing-in date of newly elected officials from the third Tuesday in
November to the day of the first business meeting in December.
Section 5 already provided that if a council member wins the mayoral seat, the candidate
with the fifth highest number of votes for council would fill the remainder of the term of
the council member who was elected mayor. It is underlined in the ballot language
because it is relocated within Section 5 to be with the other provisions about council
members. The language struck from Section 9 about the mayoral term being two years
appears in Section 14 about the mayor and does not also need to be repeated in Section 9
about council members.
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the following
motion:
Motion to adopt Ordinance 8540 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 5 and 9 of the Boulder Home Rule Charter to prohibit
running for more than one office at an election, allow a council member whose term does not
expire at the election to run for mayor in the election, fill a vacancy for the expired term, and
change the swearing-in date of newly elected officials; specifying the form of the ballot and
other election procedures; and setting forth related details
NEXT STEPS
Adoption of Proposed Ordinance 8540 on August 11, 2022, or such later date prior to
September 1, 2022, as determined by council.
Item 2A - Public Hearing on Ballot Items Page 14
Packet Page 21 of 46
ATTACHMENT
A – Proposed Ordinance 8540
Item 2A - Public Hearing on Ballot Items Page 15
Packet Page 22 of 46
K:\CCCO\o-8540 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE 8540
AN ORDINANCE 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 5 AND 9 OF THE
BOULDER HOME RULE CHARTER TO PROHBIIT RUNNING
FOR MORE THAN ONE OFFICE AT AN ELECTION, ALLOW
A COUNCIL MEMBER WHOSE TERM DOES NOT EXPIRE AT
THE ELECTION TO RUN FOR MAYOR IN THE ELECTION,
FILL A VACANCY FOR THE EXPIRED TERM, AND CHANGE
THE SWEARING-IN DATE OF NEWLY ELECTED
OFFICIALS; SPECIFYING THE FORM OF THE BALLOT AND
OTHER ELECTION PROCEDURES; AND SETTING FORTH
RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. A special municipal coordinated election is called to be held on Tuesday,
November 8, 2022.
Section 2. At that election, a question shall be submitted to the electors of the City of
Boulder entitled by law to vote, that will allow voters to determine whether to amend the Boulder
Home Rule Charter to prevent candidates from running for more than one office at the same
election, allowing council members whose terms have not expired to run for mayor without
resigning their seat unless elected mayor, filling vacancies for the vacated term, and changing the
swearing-in date of newly elected officials to December. The material to be removed is shown
stricken through with solid line and the material to be added is shown as underlined. The last
sentence of the first paragraph of Section 5 shows as added but is relocated language from another
Attachment A - Proposed Ordinance 8540
Item 2A - Public Hearing on Ballot Items Page 16
Packet Page 23 of 46
K:\CCCO\o-8540 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
portion of Section 5.
Sec. 5. - Terms of office-election-recall.
. . .
A person may be a candidate for only one office at any election. A council member whose
term is not ending the November of the election may run for mayor without resigning their council
seat. Such council member shall not be required to resign as a council member unless they win
the election to the office of mayor. If a council member whose term is not ending the November
of the election wins election to the office of mayor, then the council candidate receiving the fifth
highest number of votes in that same election shall complete that council member’s term.
The term of office for the mayor shall be two years.
If there shall be vacancies to be filled at a general municipal election, other than those
occurring due to the expiration of a regular term, the vacancy term shall be for the duration of the
vacated termtwo years, and additional council members or a mayor shall be elected until there
shall be a council of eight council members and a mayor.
In the event that a council member whose term is not ending the November of the
election wins election to the office of mayor in the regular municipal election, then the council
candidate receiving the fifth highest number of votes in that same election shall complete that
council member’s term.
The terms of all council members and the mayor shall begin at 10:00 a.m. on the third
Tuesday in November 5:00 p.m. on the day of the first business meeting of the council in
December following their respective elections. In the event that one or more of the prevailing
candidates is not determined by such time because the vote count is incomplete or inconclusive,
or a recount is required, the terms for such council member(s) shall not begin until the business
day following the final determination of the election results for that candidate. All council
members and the mayor shall be subject to recall as provided by this charter.
Sec. 9. – Meetings of council.
At 10:00 a.m. on the third Tuesday in November 5:00 p.m. on the day of the first business
meeting of the council in December following each general municipal election, the council shall
meet at the usual place of holding meetings, at which time the newly elected council members
shall take office. Thereafter the council shall meet at such times as may be prescribed by ordinance
or resolution and shall meet in regular session at least once in each calendar month. The mayor,
acting mayor, or any five council members may call special meetings upon at least twelve hours'
written notice to each council member, served personally on each, or left at each member's place
of residence.
. . .
Attachment A - Proposed Ordinance 8540
Item 2A - Public Hearing on Ballot Items Page 17
Packet Page 24 of 46
K:\CCCO\o-8540 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 3. The official ballot shall contain the following ballot title, which shall also
be the designation and submission clause for the measure:
Ballot Question No. ____
Charter Clarification of Candidate Issues
Shall Sections 5 and 9 of the Boulder Home Rule Charter be
amended to allow candidates to run for only one office at an election,
allow a council member whose term does not end at the election to
run for mayor without resigning their seat unless they win the office
of mayor, fill vacancies for the remainder of the vacated term, and
change the swearing-in date of newly elected officials as provided
in Ordinance 8540?
For the Measure ____ Against the Measure ____
Section 4. This ordinance is necessary to protect the public health, safety, and welfare
of the residents of the city, and covers matters of local concern.
Section 5. The City Council deems it appropriate that this ordinance be published by
title only and orders that copies of this ordinance be made available in the office of the city clerk
for public inspection and acquisition.
Attachment A - Proposed Ordinance 8540
Item 2A - Public Hearing on Ballot Items Page 18
Packet Page 25 of 46
K:\CCCO\o-8540 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 21st day of July 2022.
____________________________________
Aaron Brockett,
Mayor
Attest:
___________________________________
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED, this 11th day of August
2022.
___________________________________
Aaron Brockett,
Mayor
Attest:
___________________________________
City Clerk
Attachment A - Proposed Ordinance 8540
Item 2A - Public Hearing on Ballot Items Page 19
Packet Page 26 of 46
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: August 11, 2022
AGENDA TITLE
Second reading and consideration of a motion to adopt Ordinance 8546 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 5, 14 and 22 of the Boulder Home Rule Charter to change the regular municipal
elections of candidates to even-numbered years beginning in 2026; implement the
transition by reducing the terms of the council members elected in 2023 and 2025 to
three years and increasing the term of the mayor elected in 2023 to three years;
specifying the form of the ballot and other election procedures; and setting forth related
details
PRESENTERS
Nuria Rivera-Vandermyde, City Manager
Teresa Tate, City Attorney
Kathy Haddock, Senior Counsel
Elesha Johnson, City Clerk
EXECUTIVE SUMMARY
At the special meeting on June 14, 2022, council requested that staff present an ordinance
with proposed ballot language to change the regular municipal election of 2023 for
election of candidates to 2024 and every even-numbered years thereafter rather than odd-
numbered years, start the direct election of the mayor in 2026, and the procedures for the
transition including how the mayor will be selected prior to the 2026 election. At the
council meeting on June 21, 2022, council requested some revisions to the language and
that the proposed ordinance include only amendments to the Charter about changing
Item 2A - Public Hearing on Ballot Items Page 20
Packet Page 27 of 46
regular elections to even-numbered years. At first reading on July 21, 2022, council was
presented with two options for implementing the change in Proposed Ordinances 8541
and 8546. The revised first reading agenda memorandum and draft ordinances can be
found here. Council passed to second reading only Proposed Ordinance 8546
(Attachment A). Proposed 8546 includes the following changes to the Charter:
The amendment to Section 5:
A. Reduce the terms of the four council members elected in 2023 and 2025 only
to three-year terms, otherwise terms remain at four years.
The amendments to Section 14:
A. Increase the term of the mayor elected in 2023 only; and
B. Clarify that the term of the mayor is two years other than the mayor elected in
2023 (rather than is required to serve for two years).
The amendment to Section 22:
A. Changes the regular municipal election of the city from odd-numbered years
to even-numbered years starting in 2026.
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the following
motion:
Motion to adopt Ordinance 8546 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 5, 14 and 22 of the Boulder Home Rule Charter to
change the regular municipal elections of candidates to even-numbered years beginning in
2026; implement the transition by reducing the terms of the council members elected in 2023
and 2025 to three years and increasing the term of the mayor elected in 2023 to three years;
specifying the form of the ballot and other election procedures; and setting forth related details
NEXT STEPS
Adoption of Proposed Ordinance 8546 on August 11, 2022, or such later date prior to
September 1, 2022, as determined by council.
Item 2A - Public Hearing on Ballot Items Page 21
Packet Page 28 of 46
ATTACHMENT
A – Proposed Ordinance 8546
Item 2A - Public Hearing on Ballot Items Page 22
Packet Page 29 of 46
K:\CCCO\o-8546 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE 8546
AN ORDINANCE 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 5, 14 AND 22 OF THE
BOULDER HOME RULE CHARTER TO CHANGE THE
REGULAR MUNICIPAL ELECTIONS OF CANDIDATES TO
EVEN-NUMBERED YEARS BEGINNING IN 2026;
IMPLEMENT THE TRANSITION BY REDUCING THE TERMS
OF THE COUNCIL MEMBERS ELECTED IN 2023 AND 2025
TO THREE YEARS AND INCREASING THE TERM OF THE
MAYOR ELECTED IN 2023 TO THREE YEARS; SPECIFYING
THE FORM OF THE BALLOT AND OTHER ELECTION
PROCEDURES; AND SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. A special municipal coordinated election is called to be held on Tuesday,
November 8, 2022.
Section 2. At that election, a question shall be submitted to the electors of the City of
Boulder entitled by law to vote, that will allow voters to determine whether to amend the Boulder
Home Rule Charter to change regular municipal elections to even-numbered years starting in 2026,
and implement the transition by reducing the terms of the council members elected in 2023 and
2025 to three years and increasing the term of the mayor elected in 2023 to three years. Except
for those elections, the terms of council members would be four years and the term of the mayor
would be two years. The material to be removed is shown stricken through with solid line and the
material to be added is shown as underlined.
Attachment A - Proposed Ordinance 8546
Item 2A - Public Hearing on Ballot Items Page 23
Packet Page 30 of 46
K:\CCCO\o-8546 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Sec. 5. – Terms of office-election-recall.
To switch candidate elections from odd-numbered years to even-numbered years, the terms
of the council members elected in 2023 and 2025 shall be for three years. Other than for those
council members elected in 2023 and 2025, Tthe terms of office for council members shall be four
years. and two years as hereinafter provided: beginning with the 2023 regular municipal election,
when the mayor shall first be elected pursuant to Section 14 of this charter, the four candidates
receiving the highest number of votes shall be elected for four-year terms.
The term of office for the mayor shall be two years.
. . .
Sec. 14. – Selection and term of office of mayor.
If three or more candidates run for the office of mayor, then the election shall be conducted
by ranked choice (instant runoff) voting. The mayor shall serve as mayor for a term of two years,
and The term of office for the mayor elected in 2023 shall be three years. Thereafter, the term of
office for the mayor shall be for two years. The mayor shall serve until a successor is duly chosen
and qualified.
Sec. 22. – Municipal elections defined.
On the Tuesday in November of the state ballot issue election in 2023 and 2025, the City
of Boulder shall hold its regular municipal election. Beginning in November 2026, Aa regular
municipal election shall be held in the City of Boulder on the same Tuesday in November of
every odd even numbered year as the state ballot issue general elections in odd even number
years and shall be known as the regular municipal election. All other municipal elections shall be
known as special municipal elections.
Section 3. The official ballot shall contain the following ballot title, which shall also
be the designation and submission clause for the measure:
Attachment A - Proposed Ordinance 8546
Item 2A - Public Hearing on Ballot Items Page 24
Packet Page 31 of 46
K:\CCCO\o-8546 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ballot Question No. ____
Change Regular Municipal Election to Even Years
Shall Sections 5, 14, and 22 of the Boulder Home Rule Charter be
amended to change the regular municipal election date to even
numbered years beginning with the November 2026 election date,
and reduce the term of the council members elected in 2023 and
2025 to three years and increase the term of the mayor elected in
2023 to three years to implement the transition, all as more
specifically provided in Ordinance 8546?
For the Measure ____ Against the Measure ____
Section 4. This ordinance is necessary to protect the public health, safety, and welfare
of the residents of the city, and covers matters of local concern.
Section 5. The City Council deems it appropriate that this ordinance be published by
title only and orders that copies of this ordinance be made available in the office of the city clerk
for public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 21st day of July 2022.
____________________________________
Aaron Brockett,
Mayor
Attest:
___________________________________
City Clerk
Attachment A - Proposed Ordinance 8546
Item 2A - Public Hearing on Ballot Items Page 25
Packet Page 32 of 46
K:\CCCO\o-8546 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
READ ON SECOND READING, PASSED AND ADOPTED, this 11th day of August
2022.
___________________________________
Aaron Brockett,
Mayor
Attest:
___________________________________
City Clerk
Attachment A - Proposed Ordinance 8546
Item 2A - Public Hearing on Ballot Items Page 26
Packet Page 33 of 46
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: August 11, 2022
AGENDA TITLE
Second reading and consideration of a motion to adopt Ordinance 8542 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 questions of authorizing the City
Council to replace the existing utility occupation tax and climate action plan excise tax
with a new climate tax beginning January 1, 2023, and expiring December 31, 2040, and
authorizing debt to be repaid from such tax up to a principal amount of $52,900,000 to
meet the city’s climate goals; specifying the form of the ballot and other election
procedures; and setting forth related details
PRESENTERS
Nuria Rivera-Vandermyde, City Manager
Teresa Tate, City Attorney
Kathy Haddock, Senior Counsel
Kara Skinner, Chief Financial Officer
Jonathan Koehn, Climate Initiatives Director
Carolyn Elam, Sustainability Sr. Manager, CI
Yael Gichon, Climate Initiatives Principal Project Manager
EXECUTIVE SUMMARY
The first reading agenda memorandum for the July 21, 2022, meeting includes extensive
staff analysis and input received from the public, as well as the council discussion leading
to Proposed Ordinance 8542 (Attachment A). After the first reading memorandum was
published, on July 19, 2022, the Council Financial Strategy Committee discussed the
proposed Climate Tax. Committee members had questions regarding staff’s
Item 2A - Public Hearing on Ballot Items Page 27
Packet Page 34 of 46
recommendations for the amount ($6.5 million) and the term (15 years). Staff explained
its recommendation based on several considerations discussed in the first reading
memorandum including a funding level to address identified high-priority programs and
project needs, impact to taxpayers (residential, commercial and industrial) particularly
considering the current economic environment, and other expected ballot items, and a
term that aligns with the city’s climate action plan goal time horizon. The Committee did
not have any changes to the ordinance as proposed by staff.
On July 21, 2022, council passed Proposed Ordinance 8542 on first reading. The
proposed ordinance includes the issue for the approval of the Climate Tax and the issue
for debt authorization as well as the code changes that will go into effect if the climate
tax ballot issue is approved by the voters. Attachment A has corrected the typo that was
in the first reading packet in the ordinance title changing “utilizing” to “utility.”
The ballot issue for the Climate Tax replaces the existing utility occupation (UOT) and
climate action plan (CAP) taxes with a climate tax of $6.5 million for the first year,
adjusted annually for inflation, levied on any provider of electricity and natural gas in the
city.
The ballot issue for the debt authorization sets the maximum principal amount of the debt
at $52,900,000. The ballot issue must include the maximum debt authorization –
principal amount and total maximum repayment amount. The full principal amount
authorized in the ballot issue is not required to be issued. The actual amount of the debt
issued, the debt structure, the terms of the debt, whether the debt can be paid from other
legally available revenue to reduce the interest rate, the use of bond proceeds, and the
budget and appropriations to repay the debt are all determined by council up to the
amount authorized in the ballot issue.
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the
following motion:
Motion to adopt Ordinance 8542 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 questions of authorizing the City Council to replace the existing
utility occupation tax and climate action plan excise tax with a new climate tax beginning
January 1, 2023, and expiring December 31, 2040, and authorizing debt to be repaid
from such tax up to a principal amount of $52,900,000 to meet the city’s climate goals;
specifying the form of the ballot and other election procedures; and setting forth related
details
Item 2A - Public Hearing on Ballot Items Page 28
Packet Page 35 of 46
FIRST READING QUESTIONS
Clarification was requested regarding the tax and whether a tax table was needed in the
ordinance. The actual tax is levied as a utility occupation tax rather than like the CAP tax
that was levied per kilowatt hour. For the new Climate Tax, it is levied on the provider of
electricity and natural gas as a lump sum of $6.5 million. It is up to the provider,
currently Xcel Energy, to determine how to allocate that tax among its customers. Earlier
packets included a chart showing an approximation of the tax among residential,
commercial and industrial customers. The question does not necessitate any change to
the proposed ordinance.
Table 1: Current and Projected Average Annual Cost of City of Boulder Climate Taxes
Customer Type Current
Annual Cost
(CAP + UOT)
Proposed
Annual Cost
(Climate Tax at
$5 million)
Proposed Annual
Cost (Climate
Tax at $6.5
million)
Proposed
Annual Cost
(Climate Tax at
$8 million)
Residential $42.95 $38.20 $49.66 $61.12
Commercial $292.42 $374.90 $487.37 $599.84
Industrial $1,084.11 $1389.89 $1,806.85 $2,223.82
Total Revenue
for Climate
Efforts
$3.9 million $5 million $6.5 million $8 million
NEXT STEPS
Adoption of Proposed Ordinance 8542 on August 11, 2022, or such later date prior to
September 1, 2022, as determined by council.
ATTACHMENT
A – Proposed Ordinance 8542
Item 2A - Public Hearing on Ballot Items Page 29
Packet Page 36 of 46
K:\CCCO\o-8542 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE 8542
AN ORDINANCE 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 QUESTIONS OF
AUTHORIZING THE CITY COUNCIL TO REPLACE THE
EXISTING UTILITY OCCUPATION TAX AND CLIMATE
ACTION PLAN EXCISE TAX WITH A NEW CLIMATE TAX
BEGINNING JANUARY 1, 2023, AND EXPIRING DECEMBER
31, 2040, AND AUTHORIZING DEBT TO BE REPAID FROM
SUCH TAX UP TO A PRINCIPAL AMOUNT OF $52,900,000 TO
MEET THE CITY’S CLIMATE GOALS; SPECIFYING THE
FORM OF THE BALLOT AND OTHER ELECTION
PROCEDURES; AND SETTING FORTH RELATED DETAILS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. A special municipal coordinated election is called to be held on Tuesday,
November 8, 2022.
Section 2. At that election, two measures shall be submitted to the electors of the City
of Boulder entitled by law to vote. The first will allow electors to consider whether to replace the
existing Utility Occupation Tax set to expire on December 31, 2025 and the Climate Action Plan
Excise Tax set to expire March 31, 2023 with a Climate Tax commencing January 1, 2023 and
expiring December 31, 2040. The second measure will allow electors to consider whether to
approve new debt payable from such Climate Tax up to a maximum principal amount of
$52,900,000. This new tax and the debt will help meet the city’s climate goals, maintain existing
programs and services, and stabilize funding sources as well as leverage future opportunities to
meet the city’s climate goals.
Attachment A - Proposed Ordinance 8542
Item 2A - Public Hearing on Ballot Items Page 30
Packet Page 37 of 46
K:\CCCO\o-8542 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 3. The official ballot shall contain the following ballot titles, which shall also
be the designation and submission clause for each issue:
BALLOT ISSUE NO. ____
SHALL CITY OF BOULDER TAXES BE INCREASED $6.5
MILLION (FIRST, FULL FISCAL YEAR DOLLAR INCREASE)
ANNUALLY AND INCREASING ANNUALLY BY THE
CONSUMER PRICE INDEX BY IMPOSING A CLIMATE TAX
ON THE DELIVERY OF ELECTRICITY AND NATURAL GAS
AS PROVIDED IN ORDINANCE 8542; AND SHALL THE
EXISTING CLIMATE ACTION PLAN EXCISE TAX SET TO
EXPIRE MARCH 31, 2023 AND THE UTILITY OCCUPATION
TAX SET TO EXPIRE DECEMBER 31, 2025 BE REPEALED;
AND SHALL THE CLIMATE TAX BEGIN JANUARY 1, 2023,
AND EXPIRE DECEMBER 31, 2040; WITH THE REVENUE
FROM THE CLIMATE TAX AND ALL EARNINGS THEREON
TO BE USED TO MAINTAIN AND EXPAND CLIMATE
FOCUSED PROGRAMS AND SERVICES, FINANCE CERTAIN
CAPITAL PROJECTS AND STABILIZE FUNDING FOR
INITIATIVES TO MEET THE CITY’S CLIMATE GOALS;
INCLUDING WITHOUT LIMITATION ITEMS SUCH AS
RESIDENTIAL AND BUSINESS INCENTIVES TO REDUCE
ENERGY USE; ACCELERATE BUILDING
WEATHERIZATION AND ELECTRIFICATION; LOCAL
RENEWABLE ENERGY GENERATION AND STORAGE;
MICROGRIDS AND DISTRICT SYSTEMS THAT LEAD TO
INCREASED SYSTEM RELIABILITY AND RESILIENCE;
EQUITABLE INVESTMENTS IN HIGH PERFORMING,
HEALTHY BUILDINGS; SERVICES TO SUPPORT ZERO
EMISSION; MOBILITY OPTIONS WITH AN EMPHASIS ON
SOLUTIONS FOR CURRENTLY UNDERSERVED SEGMENTS
OF THE COMMUNITY; ZERO-WASTE EFFORTS INCLUDING
REUSE, REPAIR AND RECYCLING; NATURAL CLIMATE
SOLUTIONS TO ENHANCE ECOSYSTEMS, IMPROVE AIR
QUALITY AND BUFFER EXTREME HEAT EVENTS;
GRANTS FOR COMMUNITY-BASED CLIMATE AND
RESILIENCE ACTIONS; WILDFIRE RESILIENCE
STRATEGIES SUCH AS WILDFIRE HOME RISK
ASSESSMENTS, WILDFIRE MITIGATION PLANNING AND
IMPLEMENTATION; OUTREACH AND EDUCATION;
RESIDENTIAL AND BUSINESS GRANTS/REBATES FOR THE
ACCELERATION OF UNDERGROUNDING UTILITY LINES
IN HIGH-RISK AREAS; GRANTS/REBATES FOR
Attachment A - Proposed Ordinance 8542
Item 2A - Public Hearing on Ballot Items Page 31
Packet Page 38 of 46
K:\CCCO\o-8542 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
QUALIFYING FINANCIAL ASSISTANCE FOR LOW-INCOME
UTILITY CUSTOMERS; LEVERAGE FOR OTHER FUNDING
SOURCES SUCH AS FEDERAL INFRASTRUCTURE,
CLIMATE, AND RESILIENCE FUNDS TO MEET LOCAL
NEEDS; AND COST-SHARING AGREEMENTS FOR
EMISSIONS MITIGATION AND CLIMATE RESILIENCE?
YES/FOR ____ NO/AGAINST____
BALLOT ISSUE NO. ____
SHALL CITY OF BOULDER DEBT BE INCREASED UP TO
$52.9 MILLION (PRINCIPAL AMOUNT) WITH A MAXIMUM
REPAYMENT COST NOT TO EXCEED $75 MILLION (SUCH
AMOUNT BEING THE TOTAL PRINCIPAL AND INTEREST
THAT COULD BE PAYABLE OVER THE MAXIMUM LIFE OF
THE DEBT) SUCH DEBT TO BE ISSUED ONLY IF THE
VOTERS APPROVE THE CLIMATE TAX IN BALLOT ISSUE
___ AND PAYABLE FROM THE CLIMATE TAX AND FROM
OTHER LEGALLLY AVAILABLE REVENUES AS
DETERMINED BY COUNCIL; WITH THE PROCEEDS OF
SUCH DEBT AND EARNINGS THEREON BEING USED FOR
THE SAME PURPOSES AS THE CLIMATE TAX IN THE
BALLOT ISSUE?
YES/FOR ____ NO/AGAINST____
Section 4. If a majority of all the votes cast at the election on the tax increase issue
submitted are for the issue, the issue shall be deemed to have passed and the Boulder Revised Code
shall be amended as follows:
Chapter 12 - Climate Action Plan Excise Tax REPEAL
3-12-1. Legislative Intent.
It is the purpose of this chapter to raise revenue to implement the City’s Climate Action
Plan, including incentives, services and other assistance to Boulder residents and businesses to
improve energy efficiency, expand the use of renewable energy, and take other necessary steps
toward reducing local greenhouse gas emissions. Additionally, the city council determines and
declares that the consumption of electricity within the City is the exercise of a taxable privilege.
The city council further declares that the purpose of the levy of the taxes imposed by this chapter
Attachment A - Proposed Ordinance 8542
Item 2A - Public Hearing on Ballot Items Page 32
Packet Page 39 of 46
K:\CCCO\o-8542 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
is for the raising of funds for the payment of the expenses incurred to implement the Climate
Action Plan; and in accordance with this purpose, all of the proceeds of this excise tax should be
placed in and become a part of a separate special revenue fund of the City.
3-12-2. Imposition of Climate Action Plan Excise Tax.
(a) Any person consuming electricity shall pay a Climate Action Plan excise tax at the rate
prescribed by subsection (c) of this section, as applicable.
(b) The Climate Action Plan excise tax shall expire on March 31, 2023.
(c) The Climate Action Plan excise tax rates shall be:
Category Tax
Residential $0.0049 per
kWh
Commercial 0.0009 per
kWh
Industrial 0.0003 per
kWh
3-12-3. Exemptions.
The portion of electricity voluntarily purchased as utility provided wind power shall be
exempt.
3-12-4. Payment of Tax.
Any incumbent electricity provider operating within the City pursuant to a franchise or
otherwise (“Provider”) shall bill and collect the Climate Action Plan excise tax and shall remit
said tax to the city manager in the manner required by section 3-12-5, “Payment Schedule,
Reporting and Inspection of Records,” B.R.C. 1981. The tax may be expressly identified on any
consumer bills as the “The City of Boulder Climate Action Plan Excise Tax” or as the “Climate
Action Plan Tax.”
(a) For the Climate Action Plan excise tax amounts billed pursuant to this chapter, payment
shall be made by the Provider in monthly installments not more than thirty days following
the close of the month for which payment is to be made. Initial and final payments shall be
prorated for the portions of the months at the beginning and end of the term of this excise
tax.
(b) In addition, the Provider shall also submit monthly reports to the city supporting the amount
of the Climate Action Plan excise tax remitted for that month including energy use and
amounts remitted by sector and Windsource electricity purchases exempted by sector.
Electronic or paper reports are acceptable.
Attachment A - Proposed Ordinance 8542
Item 2A - Public Hearing on Ballot Items Page 33
Packet Page 40 of 46
K:\CCCO\o-8542 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(c) It shall be the duty of the Provider to keep and preserve, for a period of three years, suitable
records and other such books or accounts, including, without limitation, original sales and
purchase records, as may be necessary to determine the amount of the Climate Action Plan
excise tax for the collection of which the Provider is liable under this chapter. The city
manager and agents and representatives thereof are entitled at any reasonable time, upon
adequate notice, to examine the books and records of the Provider and to make copies of the
entries or contents thereof.
3-12-6, 3-12-7. Reserved.
Chapter 13 - Climate Utility Occupation Tax
3-13-1. Legislative Purpose, Findings, and Intent.
(a) Purpose. It is the purpose of this chapter to implement the city’s climate tax as a utility
occupation tax on the delivery of electricity and natural gas passed by the voters on
November 8, 2022.
(1) Passed by the voters on November 2, 2010, as a replacement for a fee paid under
franchise agreement with a utility provider.
(2) Amended by the voters on November 1, 2011, to increase the amount of the tax and
extend the tax to December 31, 2017.
(3) Further amended by the voters on November 3, 2015, to extend that portion of the
tax that was initially approved by the voters in 2010 until December 31, 2022.
(4) Further amended by the voters on November 7, 2017, to extend that portion of the
tax that was initially approved by the voters in 2011 until December 31, 2022 and
increased the amount of this portion of the tax for 2018 and 2019.
(5) Further amended and repurposed by the voters on November 3, 2020, to extend that
portion of the tax that was initially approved by the voters in 2011 until December
31, 2025 to pay all costs associated with the formation of a municipal electric utility
and to be used to fund projects, pilots, initiatives, and research that support the city’s
clean energy goals in the context of the city’s racial equity goals and the community’s
commitment to the Paris Climate Agreement and to extend that portion through
December 31, 2025.
(b) Findings. The city council finds that:
(1) The occupation of delivering electricity and natural gas within the city is the exercise
of a taxable privilege;
(2) The city has levied a utility occupation tax on the delivery of electricity and natural
gas since 2010; levy of the portion of the utility occupation tax approved by the voters
on November 2, 2010, and imposed by this chapter:
(A) The tax is to replace a franchise fee and therefore should not be ass essed
against any public utility obligated to pay a franchise fee; and
(B) The revenue collected should be limited to amounts reasonably expected to
be collected under a franchise.
Attachment A - Proposed Ordinance 8542
Item 2A - Public Hearing on Ballot Items Page 34
Packet Page 41 of 46
K:\CCCO\o-8542 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(3) The levy of the portion of the climate utility occupation tax approved by the voters
on November 8, 20221, 2011, and imposed by this chapter is to provide funding to
pay:
(A) All costs associated with municipalization;
(AB) Costs of projects, pilots, initiatives, and research that support the city’s clean
energy goals in the context of the city’s racial equity goals; and
(BC) Costs of programs and services that are part of the partnership with Xcel
Energy approved by the voters on November 3, 2020 as ballot issue 2D.;
and
(C) Costs authorized in the ballot issue approved by the voters.
(c) Intent. The city council intends to use the funds collected pursuant to this tax for general
fund purposes to meet the city’s climate goal to reduce greenhouse gas emissions 70% by
2030; become a Net Zero city by 2035 and become a Carbon-Positive city by 2040. during
the time when the city explores a clean energy future with more stable energy rates and to
implement such plans, and for the purpose of funding the costs of further exploration and
planning for the creation of a municipal utility and acquisition of an existing electric
distribution system. The city council intends to give full effect to the ballot measures
approved by the voters.
(d) Usage of Funds. Funds shall be used, including but not limited to the following purposes:
(1) Providing energy-related assistance to disadvantaged members of the community,
including support for utility bill payments and access to renewable energy;
(2) Improving system reliability and modernizing and supporting clean energy-related
businesses, including, without limitation, new approaches in electrification of
buildings and transportation and enhancement of resilience;
(3) Implementing a partnership agreement with Public Service Company of Colorado;
and
(4) Increasing access to energy efficiency and renewable energy solutions.
3-13-2. Imposition of Occupation Tax.
(a) Payment of Tax Required. No utility delivering electricity and gas to residential,
commercial, or industrial customers shall fail to pay to the city manager the utility
occupation tax imposed by this chapter.
(b) Original Tax Effective Date and Expiration Date. The utility occupation tax of $4,100,000
was effective January 1, 2011. For that portion of the tax approved by the voters in 2010 for
general fund purposes described Section 3-13-9(a), B.R.C. 1981, the tax shall expire on
December 31, 2022 or earlier if the taxpayer is obligated to pay a comparable fee under a
franchise agreement or other license or permit agreement with the city.
(c) Extension and Increase Dates. The increase in the amount of the utility occupation tax
approved by the voters in 2011, extended and temporarily increased in 2017, and extended
to December 31, 2025 and repurposed in 2020 for funding the costs of municipalization and
Attachment A - Proposed Ordinance 8542
Item 2A - Public Hearing on Ballot Items Page 35
Packet Page 42 of 46
K:\CCCO\o-8542 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
for projects, pilots, initiatives, and research that support the city’s clean energy goals in the
context of the city’s racial equity goals.
(d) Tax Rate. The utility occupation tax shall be $6,500,000 in the following amounts, effective
January 1, 2023. The rate of tax due on January 1 of 2024 and each year thereafter until
December 31, 2040, shall be increased by the [CPI]:
Year Tax Rate without an effective
franchise with taxpayer
Tax Rate with an effective
franchise with taxpayer
2021 $6,556,362 $2,071,985
2022 $6,556,362 $2,071,985
2023 $2,071,985
2024 $2,071,985
2025 $2,071,985
The tax rate in each year shall be adjusted annually as provided in Section 3-13-3,
“Adjustments,” B.R.C. 1981.
3-13-3. Adjustments.
(a) Limitations on Tax Increases. Beginning January 1, 2012, the maximum annual tax rate
increase shall be the lesser of three percent or the average amount of rate increases made by
public utility companies delivering natural gas or electricity in the city in the previous year
as calculated pursuant to Subsections (b) through (d) of this section.
(b) Annual Utility Rate Study. The city manager shall review the rate tariffs filed by all
investor-owned public utility companies delivering gas or electricity in the city.
(1) The city manager shall list all electrical rates in the electrical tariff expressed in terms
of cents per kilowatt hour from lowest to highest and select from that list the median
electric rate. If there is more than one investor-owned electric utility company
delivering electricity in the city, the city manager shall ascertain the median electrical
rate for each such company and then produce an average median rate charge for
electricity in the city.
(2) The city manager shall ascertain the standard rate per decatherm charged by each
public utility company delivering gas in the city. If there is more than one investor-
owned gas utility company delivering gas in the city, the city manager will average
the standard rate per decatherm for each such company to produce an average
standard rate per decatherm charged for delivering gas in the city.
(c) Annually, the city manager shall calculate an average increase by comparing the rates
determined in Subsection (b) of this section with comparable rates charged in the previous
calendar year to produce a percentage average increase for each such rate. The city manager
shall then average those rate increases and compare that average to determine whether it is
Attachment A - Proposed Ordinance 8542
Item 2A - Public Hearing on Ballot Items Page 36
Packet Page 43 of 46
K:\CCCO\o-8542 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
greater than or less than three percent. The utility occupation tax shall then be increased by
the lesser of the two percentages. The city manager will recommend any such tax increase,
subject to the limitations of this section, to the city council concurrent with the annual
budget process.
(d) Tax Increase Date. The effective amount of tax due shall be increased as of January 1 of
each year.
(e) Credit if franchise fee paid. Any franchise fee paid by the taxpayer to the city in any year
shall be credited to the portion of the utility occupation tax approved on November 2, 2010
due in that year. Such credit will not be applied to that portion of the utility occupation tax
that was approved on November 3, 2020.
3-13-4. Payment of Tax.
Utility occupation tax payments shall be remitted to the city manager in equal monthly
installments not more than thirty days following the end of each month. The first payment
following the November 8, 20223, 2020 election shall be due February 20, 20231. Initial and
final payments shall be prorated for the portions of the months at the beginning and end of the
term of this utility occupation tax.
3-13-5. Designation of Tax.
Persons taxed under the provisions of this chapter are hereby authorized to reflect this tax
under the title of “Climate Utility Occupation Tax.”
3-13-6, 3-13-7. Reserved.
3-13-8. Tax not on Interstate Commerce; not a Franchise.
The tax provided in this chapter is upon occupations and businesses in the performance of
local functions and is not a tax upon functions relating to interstate commerce. None of the terms
of this chapter mean that the city has granted any provider a franchise.
3-13-9. Dedicated Revenues.
(a) General Fund Revenue. The amount of the occupation tax revenue attributable to the ballot
measure passed by the voters in 2010 (Ord. No. 7751) and extended in time by the voters in
2011 (Ord. No. 7804) shall be used for general revenue needs of the city.
(b) Revenue for Electric Utility Exploration and Planning for Creation. The amount of the
increase in the occupation tax revenue attributable to the ballot measure passed by the
voters in 2011 shall be used for the purpose of funding the costs of further exploration of
and planning for both the creation of a municipal electric utility and acquiring an existing
electric distribution system.
(c) Revenue that Supports City’s Clean Energy Goals. The amount of the repurposing of the
climate occupation tax revenue passed by the voters in 20220 that is not necessary for the
costs of municipalization shall be used for the purpose of funding the costs of projects,
Attachment A - Proposed Ordinance 8542
Item 2A - Public Hearing on Ballot Items Page 37
Packet Page 44 of 46
K:\CCCO\o-8542 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
pilots, initiatives, and research that support the city’s clean energy goals in the context of
the city’s racial equity goals.
Section 5. If a majority of all the votes cast at the election on the tax increase issue and
the debt authorization issue submitted are for the issues, the issue shall be deemed to have passed
and any bonds issues shall be in compliance with the charter and as determined by City Council.
Section 6. This ordinance is necessary to protect the public health, safety, and welfare
of the residents of the city, and covers matters of local concern.
Section 7. The City Council deems it appropriate that this ordinance be published by
title only and orders that copies of this ordinance be made available in the office of the city clerk
for public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 21st day of July 2022.
____________________________________
Aaron Brockett,
Mayor
Attest:
___________________________________
City Clerk
Attachment A - Proposed Ordinance 8542
Item 2A - Public Hearing on Ballot Items Page 38
Packet Page 45 of 46
K:\CCCO\o-8542 2nd Rdg-3406.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
READ ON SECOND READING, PASSED AND ADOPTED this 11th day of August
2022.
___________________________________
Aaron Brockett,
Mayor
Attest:
___________________________________
City Clerk
Attachment A - Proposed Ordinance 8542
Item 2A - Public Hearing on Ballot Items Page 39
Packet Page 46 of 46