Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/23/2006 - POSSIBLE FORMATION OF A LIBRARY DISTRICT DATE: May 23, 2006 WORK SESSION ITEM STAFF: Marty Heffernan FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Possible Formation of a Library District. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council support a citizen initiative to place a question on the November 2006 ballot asking voters to create and fund a library district? 2. Is Council willing to fund all or part of the district portion of the cost of the November election? BACKGROUND Process to create a library district: The City and County could jointly form a library district by the City Council and County Commissioners each adopting a resolution or ordinance to that effect. Notice and a public hearing to discuss the creation of the district must be held before the resolution or ordinance is adopted. The resolution or ordinance must describe the proposed district boundaries, specify the mill levy and state that electors within the proposed district must approve any new tax before the district can be established. A library district may also be created by a petition signed by 100 or more registered electors residing in the proposed district boundaries. The petition(which is submitted to the County Commissioners) must request establishment of the library district, state the names of the governmental units establishing the district,name the district,describe the district boundaries, specify the mill levy and state that the electors must approve the new tax before the district can be established. Upon receipt of the petition,the County Commissioners may,following notice and a public hearing, establish the district by resolution or ordinance subject to voter approval of the tax levy to fund the district, or they may submit the question of establishment of the district and approval of the tax to fund it to the electors at the next November election. If the electors approve establishment of the district, the board of trustees of the district is appointed and a written agreement between the City, the County and the trustees setting out their respective rights,obligations and responsibilities must be effected within 90 days. Cost of the Election: If the formation of the district is by resolution or ordinance of the City and County, the voters residing in the service area of the district would still have to approve an increase in taxes to fund the district. The district would not be established unless the voters approved the tax increase because May 23, 2006 Page 2 the resolution or ordinance forming the district must be conditioned on voter approval of the new tax. In this circumstance,the County must pay the election costs if the tax measure fails unless the City and County agree to a different arrangement. If the formation of the district is initiated by petition, those filing the petition must post a bond with the County to cover all expenses connected with creation of the district, including the election costs. The County may waive the bonding requirement and, with the consent of the City, agree to pay the election costs. The County is required to pay for at least half the cost of the district election if the initiating petition has valid signatures in an amount at least equal to five percent of the total number of votes cast in the proposed district boundaries for all candidates for the office of secretary of state at the previous general election. At this time, the County is unable to provide an estimate of the number of signatures needed to hit the 5%mark, but staff believes it to be several thousand. If the voters approve formation of the library district, the new district covers the district's share of the cost of the election. The County estimates the district portion of the cost of the election to be $50,000 to $100,000. It is unlikely citizens will undertake the petition process to initiate the library district question if they must post a bond to cover all or part of the cost of the election in the event the measure is not approved. The County and City can agree to waive the bond, with the County then becoming responsible for the election costs if the measure fails, unless the City agrees to pay all or a portion of these costs.