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Home My WebLink About20040297.tiff ;wWic4wr TOWN OF ERIE I S January 5, 2004 Mr. Robert Masden Weld County Commissioner 915 Tenth Street Greeley, CO 80632 Dear Commissioner Masden, As you may be aware, Town of Erie staff is drafting an amendment proposing changes to CRS 24-90-106.5 that would specify procedures allowing municipalities to withdraw from library districts. We are doing so at the direction of the Mayor and Erie Board of Trustees. They have determined that the taxes levied by the Weld Library District far outweigh the services they have rendered to the Town of Erie. Accompanying this letter are copies of materials presented to the Erie Board of Trustees that assisted them in their determination. If you have any questions related to this matter, please do not hesitate to contact me at 303-926-2710. Sincerely, • Mike N. Acimovic Town Administrator Town of Erie cc: Mayor and Board of Trustees Mark R. Shapiro, Town Attorney 645 Holbrook • P.O. Box 750•Erie, Colorado, 80516•Phone(303)926-2700• Pax (303)926 2004-0297 INTEROFFICE MEMORANDUM TO: MIKE ACIMOVIC, TOWN ADMINISTRATOR FROM: FRED DIEHL, INFORMATION COORDINATOR SUBJECT: WELD LIBRARY DISTRICT DATE: DECEMBER 29, 2003 During the November 25th Board of Trustees meeting, Mayor Barbara Connors directed town staff to draft an amendment proposing changes to the state library district statute (CRS 24-90-106.5) law that would specify procedures allowing the withdrawal of municipalities from library districts. The Mayor's direction was based on the following conclusions: • Erie taxpayers have paid about $11,500 for each of the 34 Bookmobile visits to Erie provided by the Weld Library District since 1999. Today there is no Weld Library District library in Erie. Taxpayers of Erie have clearly not received a fair share of services in return for the tax levied on the town's citizens, by the Weld Library District. • - The Weld Library District has been talking about studies to address Erie's needs for library services since 2001. However, the District has failed to initiate promised studies or to render needed services. • While other special districts, such as fire districts, have specific statutory procedures allowing municipalities to discontinue membership, no such opportunity is available to municipalities in library districts. Taxes Levied When the Weld Library District was formed in 1985, the Weld County portion of Erie was included in its boundaries and the mil levy was set at 1.5 mils. Towns that already had libraries agreed to participate in the district under the condition that, as a Weld Library District library, they would receive a portion of the mil levy. Erie did not agree to be in the District, according to Town officials. When the district was formed, Erie did not have a library and still doesn't. A new bond was issued and approved by the District in 1999 and the levy was increased from 1.5 mils to 3.249 mils. Property tax revenue paid by Erie residents to the Weld Library District since 1999: Year Assessed Year Received Revenue 1999 2000 $48,362 2000 2001 $56,802 2001 2002 $78,037 2002 2003 $93,759 2003 2004 $125,469 Total: $402,429 Community Volunteers and Donations Must Provide Needed Services The Loraine David Children's Library was established in 2001 to provide Erie residents with some services. The Children's Library is housed in a donated building; located on Town property; staffed by volunteers and funded primarily by local donations. The Weld Library District has donated $2,500 in computer supplies, $10,000 in books, and a link to the District's computer system. In November 2001, the Children's Library requested an annual appropriation of$20,000 from the Weld Library District. This money could have been taken from Erie's portion of the property tax sent to the District, and be allocated for operating expenses. Erie residents paid $78,037 in library district taxes in 2001. In a letter dated November 27, 2001, Weld Library District refused the request. Other requests were submitted in December 2001 and June 2002 asking WLD to reconsider its position. Responses to Town Requests for Information about WLD Services Rendered In a letter dated November 20, 2003, Weld Library District Executive Director Steve Cottrell supplied information about bookmobile visits in the Town of Erie. We originally requested these materials on September 11, 2003. The Bookmobile log sheet Erie received indicated that the Weld Library District counts the Children's House of Weld County as a Bookmobile stop for the Town of Erie. In fact, the Children's House of Weld County is actually located in the City of Frederick on Weld County Road 18, approximately 9 miles from Erie Town Hall. The Children's ' House of Weld County is also approximately 6 miles from a Weld District Branch Library which is also located in Frederick. In fact there were only 34 actual Weld Library District Bookmobile visits to the Town of Erie since 1999. During that same period the Weld Library District levied $402,429.00 from Erie tax payers. The Executive Director also provided information on the number of books checked out through the Lorraine David Children's Library in Erie. The "Deposit Statistics" indicate 1,216 for 2002 and 2,327 for 2003. It was not clear to us if these numbers represented total books checked out at the Erie Children's Library, or total books Erie residents requested from the other libraries in the district. For verification, Erie Children's Library staff was contacted. Actually, Erie's private library lent more books to the Weld Library District than it received from the Weld Library District. On November 25, 2003, the Erie Children's Library staff ran the monthly Inter/Intra Library Loan reports for 2003 and reported that through the end of October, requests from Weld Library District libraries seeking books from the shelves of the Erie Children's Library were greater than the requests of Erie residents seeking books from other Weld Library District libraries. In fact, 111 books had been requested from the Erie Children's Library by October 31, 2003. During that same period, Erie residents had requested 90 books from the District's other libraries. 2 Studies Versus Services November 27, 2001 - President of the Weld Library District Margery Curtiss responded to a request for funding to help keep the Lorraine David Children's Library running: "The Board of Trustees of the Weld Library District is acutely aware of the growth that is occurring in the southwest corner of Weld County. We understand that as the population grows along the I-25 corridor, there will be a need for new branch libraries to be strategically located to serve the new residents. The Library Board will begin the process of developing policies and strategies for addressing the needs of the southwestern corner of the District beginning in 2002." December 3, 2003 - Erie Review article: "Weld library officials are preparing a study of services provided in Erie and other towns along the Interstate-25 corridor. The study is expected to be completed by next summer. 'When we have that information, we'll have a much better idea of where libraries need to go in Weld County to serve that area,' he (Cottrell) said. December 10, 2003 - Erie Review article: "Recently, library Executive Director Steve Cottrell said Erie could be eligible for better service after his organization completes a study along the Interstate-25 corridor next year." "However, Weld library spokeswoman Kelli Johnson said the study wasn't started until October of this year because district officials were bogged down with other issues." December 17, 2003 - Daily Times-Call article: "WLD Executive Director Steve Cottrell said that the Weld district late next month will hold public meetings in its outlying member communities—Frederick, Firestone, Dacono, Mead and Erie—to determine what people in those communities would like to see in stepped—up library service. The • meetings are part of the facilities study that is expected to be completed in 2004." Board of Trustee Direction At the September 19, 2003 meeting, the Board of Trustees was presented a summary of findings to date by Town Administrator Mike Acimovic. The Board determined that Erie was not getting a good return on taxpayer's investment and directed staff to explore options for withdrawal from the district. Prior to the November 25th Board of Trustees meeting, the Board was presented an update on Weld Library District services which included copies of the written correspondence between Weld Library District Executive Director Steve Cottrell and Town of Erie Information Coordinator Fred Diehl. During the meeting Mayor Barbara Connors directed town staff to draft an amendment proposing changes to current state law that would outline procedures for the withdrawal of municipalities from library districts. Withdrawal from a Library District While other special districts, such as fire districts, have specific legal guidelines allowing a municipality to discontinue membership, no such language is currently available to members of library districts. 3 Attachments: a. News coverage of library taxes levied versus services rendered to Erie b. Minutes from 11/25/03 Erie Board of Trustees Mtg. c. Bookmobile log sheet provided by Weld Library District d. Inter/Intra library loan log sheet provided by Erie Children's Library e. Town of Erie correspondence with Weld Library District £ Erie Children's Library correspondence with Weld Library District g. Colorado Revised Statutes Section 32-1-502 (SPECIAL DISTRICTS) h. Colorado Revised Statutes Section 24-90-106.5 (LIBRARIES) i. Town's Request for information on withdrawing from district 4 ATTACHMENT A. News Coverage of Library Taxes Levied Versus Services Rendered to the Town of Erie Channel 4 News Segment December 4, 2003 L1 - - Y C • NT - • VE Y 1999-2003 Paid S400,000,t Weld County Library District Received 34 bookmobile visits 4 05 33 ' Greeley Tribune Page 1 of 3 Article Published December 20, 2003 Weld town wants out of library district Story by Jesse Fanciulli Erie trustees want to break away from the Weld Library District because they say residents aren't getting a good return on their library district tax. But Erie's threat is a tough one to carry out. The town first has to persuade the legislature to change a state law that makes it nearly impossible for a town inside district boundaries to stop paying library taxes. Erie trustees are searching for a sympathetic lawmaker and have found a friendly ear at the Colorado Municipal League. Meanwhile, the Weld Library District is calling for a bloodless alternative to a legislative brawl that's apt to pit town governments against library districts and the Colorado Association of Libraries. Erie's complaint goes like this: Property taxes that residents in the Weld side of Erie paid to the district total more than$400,000 since 1999. In return, the district sent the Bookmobile 34 times; spent about $12,500 in computer supplies and books for Erie's Lorraine David Children's Library and set up a courier service that delivers any library materials in the district to Erie-area residents who order them online. The district also trains the Lorraine David volunteers how to manage the library. Erie officials say that's not enough. "The services should actually match the money paid," said Erie Mayor ' Barbara Connors. "I am afraid they are using the Erie money to fund other libraries in Weld, and that's just not fair." So far, it's unclear whether Erie's claims of getting skimpy returns are true. That's because library district officials say they can't pin a dollar amount on all the services they offer Erie. Besides, a tit-for-tat approach to government spending is flawed, district Director Steve Cottrell said. "If everyone took that approach to government services, I would have to http://www.greeleytrib.com/apps/pbcs.dll/arti dcel?SearchID=73157936779734&Avis=G... 12/30/2003 Greeley Tribune Page 2 of 3 ask the city and county exactly how much they are spending on the street in front of my house," Cottrell said. Library officials are worried about what might happen if Erie, or any other Weld town in the district, is allowed to withdraw. One likely possibility is that it would make it hard to repay debts the district took on to improve libraries and build the new Fan Branch in Greeley, Cottrell said. Sam Mamet, associate director of the Colorado Municipal League, hopes Erie and the Weld Library District can make peace, he said. But the CML - a potent lobbying organization that represents most municipal governments in Colorado - is willing to share Erie's proposal with other cities and towns and might even take a stand on it later. "It's interesting because as best we can gather, this is a quirky little area of the law," Mamet said. The state law gives towns and cities a chance to get out of a library district but here's the kicker: The residents still have to pay property tax to the district. Another option is for the town to negotiate a deal with the library district that allows the property tax payments to end. The problem is, Erie has ignored the library district's offers to talk about the town's complaints and brainstorm solutions, Cottrell said. "It appears pretty obvious that Erie has dug in its heels. They want out," Cottrell said. "We're still working on trying to convince them there are other options." The Erie trustees also seem to be ignoring the fact that the district hired a consultant to examine southwest Weld's library needs, Cottrell said. The study will help the district decide how many new libraries are needed and where to build them. But Connors said the district has a history of sluggish action on Erie's requests. "We asked them in 2000 to look at our library needs and their reaction was, 'Yeah we'll do a study in 2001," Connors said. "...Erie is in a funny position. We are in the way far corner of the county so we are not a big player. But if we are going to be paying that kind of money, we want a return." http://www.greeleytrib.com/apps/pbcs.d11/artilckel?SearchID=73 15793 6779734&Avis=G... 12/30/2003 Greeley Tribune Page 3 of 3 Cottrell hopes to find out what kind of return Erie expects, he said. "Our doors are open," he said. "Operators are standing by." Connors intends to take Cottrell up on his offer. "I'm dying to meet these people," she said. http://www.greeleytrib.com/apps/pbcs.dll/artikkel?SearchMD=73157936779734&Avis=G... 12/30/2003 S S! IO Of .lti3 ai I Sa0 1D0 Xii ui IOBl X2 ':kr;,,li t.' r,; , , '^Yrtt tif'ar• .. ' 4'- if ' it/s0"7,tifiliti.nh `' Isii rL I .P . P , P 9 , . P - 1 ? . , #k f , . _� l ',�JVA. ,. ,, r � ' 9S2'1.rr♦♦ •SLIEIOisttrr''d.� JO LLIEO 32LI2 A ₹ F1k44 .,' °11,"'f! . s"i`JV,K. �if7"Zt.4N .1'E 4�r}"..,. te�'k$wfu-.o �y' °v" i fx i'4'y1{1 l.L. .. `A j. a 7 .i bias';� I v. Z �7� • �i:f, I WEDNESDAY, DECEMBER 17, 2003 DAILY TIMES-CALL 14avia henry, 01! Page Assistant City Editor T (303)776-6-2°d44 Ext.326 p /7flf The Fruit Range The West e le eat •b ByJawnOotAl, Town continues with plans to break away work out whatever differences there The Daily Times Callare and come up with a Solution.° Cottrell said that the Weld district ' 1%s l '- ERIE—Tbwn leaders say they will late next month will hold public meet- r 't^e1 sit down with Weld Library District of- Erie leaders said three weeks ago ber to outline what Erie gets for the both at the children's library and at the logs in its outlying member communi- fwials next month to discuss "Made- that the town wants to break away from money Weld County residents pay. bookmobile. ties—Frederick, Firestone, Dacono, quate"library service—even though the district because it provides meagertoErie still plans to leave the district. P E Since aunty a1999,paid e ore The 2150 in gave supplies Mead and t those determine what In response to an invitation, Mayor library service to Erie for the amount in Weld County have slightly more library $12,500 in computer supplies people in those communities would like Barbara Connors said Tuesday,she and of money the town's Weld County resi- than $400,000 into the district. This and books. to see in stepped-up library service. 1bwn Administrator Mike Acimovic will dents pay in. year, Erie's Weld County residents Weld Library District Executive Di- The meetings are part of the facilities meet with representatives of the Gree- "Our position has not changed,but it paid$125,469 to the district. rector Steve Cottrell said Tuesday that study that is expected to be completed ley-based district in January. is our intent to meet in the near future," In return for the property tax money he had not heard back from Erie,but in mid-2004. A letter dated Dec. 12 from the G- said Erie spokesman Fred Diehl."We Erie has paid in,the district provides a would welcome the opportunity to talk Skeptical Erie leaders point out that brary district asked Erie officials to sit needed to receive certain information book deposit station at Erie's privately about library service. the district promised two years ago to down with them and talk about a long- before we were ready to meet as was owned Lorraine David Children's Li- "We really are anxious to talk to study the area along Interstate 25 and range facility study that will determine told to the Weld Library district in brary and bookmobile service.People them," said Cottrell, "and we're just that the study is still not completed. ' v what the burgeoning southwest Weld September." who have Weld County Library cards waiting to set up a meeting time and Jermoolon can be welched3)76- nt.welched at 302204.E ' County area needs in library service. Diehl asked the district in Septem- may request hooks and return them at place. We believe that we really can 420,or by email at loolon@llmescai.com. �py�i (y/�y�� o qq/y'' 0 r 2. .N Y{nT F i ,Y, R':! .'l , F Vr d ck• : 4.,..: , ,,;.,,,,., ,_: .ppAn ', 3 Y, ' ,�. r' J �Ir ✓ � /;-rl '1i trustee e 7 P a' r r l 7 In .)- 117/o3 • tDITORIAL • • Library district , is overdue in providing • 1 services to Ene axation without representation has morphed i • Taxation taxation without service in the Weld jl 1 County section of Erie. ,t • In that part of town,about 2,600 residents live - 4r. ,a within the Weld County Library District's bound- �L, v, aries.And these Erie residents are receiving very t little from the library district despite paying a s large tax bill. • ti Since 1998,Erie residents within the district's ei boundaries have paid$400,000 into the library fund. °es But But Erie's Lorraine David Children's Library has only received$10,000 in books as well as a useless 4 yj modem for its computer,and the district's bookmo- -4;r: e I bile only makes about seven trips per year to the Erie By area. i: • By any accounting star- 1 EeSt Course dard,that's a lot of taxpayer dollars for almost no service. for Erie and Whenever questioned by ne Weld County Erie officials about when the w` library district would start 5 l' Library approaching a fair balance Pli District between taxation and ser- 1nc vice,district officials counter i, - 6 th officials with the need to study the dis- -1.1. a, o� lS to work tract's needs along the Inter- h ;a, state 25 corridor.The study, D Se together to originally slated to take place in 2002,was just started,and g. :al amend the results won't be available un- Bgt .ev - distiiCt's rules - til summer 2004.But all the lit nu while the district will contin-top ; ti so the town ue collecting taxes without eg. can Pull Out providing suitable services. The delays in the study led ,c one Erie resident to cam- ., MA went,"It gives an impression- -w - m that they want to stall for some reason.I don't U -• - • en - know what that reason is." • - ou The answer is simple:Erie's growth,especially m m • - _ in Weld County,provides a vast taxable resource that library district officials can use for its general B fund and to make up for budget shortfalls in other areas.Since 1998,Erie's taxable property has bal- n' loaned,increasing the district's receipts from Erie E from$48,362 per year to$125.469. eV . w • The aggravating factor in this situation is that district participants,such as the town of Erie,can- a not leave the library district.They are trapped un- a • til the district's board takes the necessary steps to re +N allow the town to leave.And given the amount of money that Erie is pouring into the system,district of P • officials have been reluctant to grant the town's re- lease Instead,they want to delay making decisions m on improved services in hopes that Erie might just m stick around by hollow promises of working togeth- en The best course for Erie and library district offi- - si cials is to work together to amend the district's rulessothetowncanpullout.This is a case of a po town looking to better use taxpayer dollars,where i good governance tries to overcome bad gover- nance. wa As for Erie's library needs,the children's library and the nearby Lafayette Public Library already Pe handle much of the town's needs.And$125,000 a year is a significant sum for Erie to put toward a future general-services library or to join forces - - - with Lafayette. ` In the end,that money would be better spent by the town delivering an important service to its resi- I I \\O-f� dents—not the library district funding facilities , and services for other communities. , r ) Town leaders `n • ot interested in library study ,,t` ll , Erie municipal staff skeptical about service;improvements fromFd strict officials Kelli Johnson said the study wasn't —r-- s By Brad Turner 2-7i;;Tit. t ii r,;(4 Colorado Hometown Newspapers - started until October of this yea - ^... _ 1�• cause district officials were bogged lid ,r. r Residents concerned about Erie's li- down with other issues. „ ^ s {� bt rsaFs��y brary services in Weld County say dis- • "We were completing some other pro- . r y. t a',..: tact officials have been giving them the We're not interested in the study Were jects and trying to meet the library ser- �.i 1 '1 ' i' ( i" x,41 ,? &1 l same excuse about future improve- interested in withdrawal" ¢ {F'Ilan 4 '� P vice needs of everybody,"she said. k t s:gl 1 ' r" + o nients for years. Town of Erne spokesmen Fred Diehl The current study will include sur- q,. �',, �i!"� " Ytv g°e t i (, In a November 2001 letter, Weld On Erie'st amen in the Weld County veys of Erie residents, and is expected ,S ,Y' . ., a 't• - County Library District board President IfbraryDf to ybe finished by next summer, she +. ', sr.''}' "'ye,. Margery Curtiss told a Lorraine David said +:Sa' "" • . alxi"' vices would be available in Erie afterr more ra Bowes called the situation a "travesty" "We're responding to the growth in l ga- 6 p 2002 regional growth study. this week,and accused Weld library of-. that part of the county,"Johnson said. i"T i. , aI�'t `' y, `- Recently, library district Executive ficials of dragging their feel. Town of Erie staff obtained financial a , A t"5lt? � P�,�i v, . Director Steve Cottrell said Erie could "it gives an impression that they want information and service.logs from the :; r, s, =m..c .^. . „brad r r„'. be eligible for better service after his or- to stall for some reason, Bowes said library district earlier the year after • , - ' anization completes a stud along the. this week. "I don't know what that rea- trustees questioned if the portion of s'are w t't e""'°'°e:ann g P Y Ede town oalciats ere Working to secure horn the Weld County Interstate 25 corridor next year ,son i9 `, Library District more equitable library services for residents. Children's library Supporter Dana-i however Weld library spokeswoman See!Library p.Page AQi�e> , e pr3Lwya r,rr„as srru r h'�tiv�r '3 hlflah'm�Fa tPyn r,n Q t � h qq oat and • r ' J�O U ''r' ' ° LIBRARY i _ If • any ot, ❑t } From Page Al take ad if'" lent sets ` ,&R town in Weld County was be- Shapiro is drafting an amend- "surprised" Diehl had re- I i` i.(>NiG- a ing properly served. ment to the district's legisla- leased library I g service data to -� "t s •1 They didn't'like the answers tion that would allow Erie to the public, and said Weld offs ' to their questions. pull out and form its own li- cials were willing to discuss 1-' ` y " as rS Weld County residents in brary district. any concerns with Erie lead- x-'-' Erie paid $400,000 into the Erie spokesman Fred Diehl ers. r district library fund since said town leaders won't be on In response, Diehl said Erie i r 1998,and received$10,000 in "equal footing" with district leaders first requested the data =i 'x Vil books plus about seven annu- brass unless they have the op- in September, and were wait- t r^ al bookmobile visits in return, tion of pulling out of the cur- ing until they received all of ,.CI', #i according to county data. rent agreement. the information to begin the t i ' �tc In response to that infornla- "The best offer to us right discussion. Diehl received the r'tt ® ',io,di tion, town staff began work- now is that a study will be last portion of the information r a " ing on a way to ext from the completed in 2004," Diehl in late November. if nr, Ks, district, even though the legis- said. "Were not interested in Since then, no Erie official ' l9.,,y f lotion establishing the district the study. We're interested in has phoned Cottrell, and no ��tt 1', . P•lit does not allow participating withdrawal." one from the library district Ha l Lek ', municipalities to leave. In a press release issued last has called Erie Town Hall, to We r1f Town Attorney Mark week, Johnson said she was schedule a meeting. rl' tt cli 4 ft,':' "101:144t" a,,r; <.,, '.�-'-:;rl3'IMlr vr:ea. :,..t_..._.. .�., CO Ityc' • • • r pay relit on the land, around ysoo a `at Mextco-ar'age le to work rz-noVt'-"ly" " -=-- • -sa..gn.o gei-M m*wvis.ei.:-+e-are-nd'-ajntervene in gttet'ln'w'Siife a-detenC '-'--- I month. In February 2002, the town shifts in the heat of California's fruit The Pan and Fork Mobile Home longer here in America for us,but for passed an ordinance declaring the me- orchards.He now operates a forklift for Park was established during Aspen's them,my American children." ■See REDISTRICTING/B6 • Weld Library District: Erie administrator failed to disclose flaws Town }o wants to opt out of the district,according to a of money that the town's Weld County director Steve Cottrell once he an- "We are now seeking to make sure lJ 1l. media release sent Friday. residents pay in. swered questions about how often the when we do meet with the Weld Li- "We were surprised when(Erie)re- Since January 1999, Erie taxpayers book mobile visits Erie and exactly livery District that we're on equal foot- break away due leased that information,' said Kelli in Weld County have paid slightly more what Erie was getting for its money. ing," said Diehl. "We are looking to 7 Johnson,Weld County Library District than $400,000 into the district. Last In a letter dated Sept.11,Diehl said change state law as it relates to library } "1 L. service level spokeswoman, "We have tried to ex- year, Erie's Weld County residents that Erie leaders "would be happy to districts.For the town of Erie to meet tend the invitation for them to contact paid$125,469 to the district. - arrange a meeting,however we would with the library district without a us.There's been no one-on-one.What is In return for the property tax money like the information we requested be- method of withdrawal does not benefit By Jenn Ooton it that they're asking for? What is it Erie has paid in,the district provides fore such a meeting takes place.Once the citizens of Erie." The Daily Times-Call that is inadequate and what can we do book mobile service, a book deposit we have received the information,you Johnson said she hopes Erie meets GREELEY — Erie leaders never to discuss that?" station at Erie's privately owned Lor- may make an appointment with our with library district officials before tried to set up a meeting to discuss"in- Erie leaders said two weeks ago that rain David Children's Library where Town Administrator, Mike Acimovic, then. - adequate" library service, according they want lawmakers to change a Col- people who have Weld County Library through his secretary." "Before they start exploring that,I to Weld County Library District off i- orado law that allows library districts cards can request books and return. "It took us two months to receive a would hope that there would be some vials who say they are confused about to be formed,but has no provision for them and gave the children's library bookmobile tog sheet,"Diehl said Mon- discussion about library services and • the town's desire to leave the district, member libraries to get out. $12,500 in computer supplies and books day. what they'd like to see," she said. Library officials claim that Erie's According to Erie Mayor Barbara for the children's library. Diehl added that Erie officials,who "They haven't made an attempt to do town administrator ignored invitations Connors,the town wants to break away Erie spokesman Fred Diehl said want to leave the district,are now wait- that with us." to talk about the problems and that from the district that provides meager Monday that town officials offered to ing for a change in state law to set up a lean Dolor cenbe reached at 303-716-2244,ea. • they didn't know that Erie was trying library service to Erie for the amount speak with library district executive meeting with Cottrell. 420,or by anau x lomcntlumee<aii cam. • • The Daily Camera: Erie Page 1 of 2 The Daily Camera To print this page, select File then Print from your browser URL: http://www.dailycamera.com/bdc/erie_news/article/0,1713,BDC_2424_2479883,00.html Erie wants out of library district Current state laws make exit difficult By Todd Neff, Camera Staff Writer December 5, 2003 The town of Erie wants out of the Weld County Library District—but it can't leave. The town's Weld County taxpayers have been paying into the district since 1985. But the town says district services don't add up to the$400,000 the town has spent on the district since 1999,when the district property-tax mill levy rose from 1.5 mills to 3.25 mills. . About half of Erie's 10,000 residents live in Weld County. In 2003, Erie's Weld County taxpayers put about$125,000 into the system. In return, the district's Bookmobile swung through Erie Town Hall six times as of Nov. 20(it stopped in Frederick, eight miles away,23 times). Three patrons checked out nine books. In addition, since 1999,the district has given Erie's nonprofit Erie Children's Library$10,000 for books and$2,500 for computer equipment. District membership also gives Erie's Weld residents rights to a district library card. Further,Weld Library district spokeswoman Kelli Johnson said they also issue library cards to Erie's Boulder County residents—despite no legal obligation to do so. But Erie may have trouble dumping the district. Unlike water or fire-protection districts,the language in the state library district laws have an entrance but no exit. "This is a library issue, but part of the issue is changing state law so it can provide better service to taxpayers who are throwing away money now,"said Erie spokesman Fred Diehl. Diehl said Erie staff are working on a proposed change to the state law,though he didn't know when the town's suggestions might make it to the Legislature. If the town was allowed to leave the relationship, Diehl said Erie officials aren't sure how they would go about providing library services. Johnson said the district was surprised to learn about Erie's desire to depart, and that they'd offered to sit down with Erie officials to discuss their concerns. 'There was no communication about their concern and there have been no meetings between the district and the town of Erie,"Johnson said. Diehl sent Weld Library District Executive Director Steve Cottrell e-mails discussing the possibility of Erie leaving the district in September, however. Contact Todd Neff at nefft@dailycamera.com or(303) 473-1327. Advertisement Copyright 2003, The Daily Camera.All Rights Reserved. http://www.dailycamera.com/bdc/cda/article_print/1,1983,BDC_2424_2479883_ARTICL... 12/8/2003 tiger°Yste-pren crran$ 0, they have a right to develop it in some way 14.1 iee ST0RAGETEH/ B4 • I f_ [ Libraryk9 i.' , . . . . distnct • char es ..,,, g � _ Y+'�7.",.,. � `fi r)st'rF7 u"s r`S'w�,,'AiJ^`s r' a k T „, ,.,:, . ,,s� a ` ..� ate',' ,e. �+ V e as -k.-4'`» h ,,s- r4° iO ♦ erd e h • .y,..b ,ayG a >y .. n.,. ,''.y "tj°m.5+. �dxe t' � ^" �r.. n•ua^ Yf . ' Ty9'�'ka vim* way to go, Connors said."I don'tthink ;3 • "gre ." trt, ivwe houldstopfightingintuntil 'S /) we win."Erie v i -• Since January 1999, Erie taxpayers < 1-E. �/ in We County have paid slightly more A than $400,000 into the district, receiv- f ?s • By Jenn Ooton ^� mg in return 139 bookmobile stops in The Daily Times-Call and near Erie during that time,a book �. 4. deposit station at Erie's privately ERIE — Casting themselves as the ' Et David to Weld County's Goliath, town owned.Lorraine David Children's Li- idlyleadersb say they are not going to)sit brary -which has been open ayear— idly by while they receive infrequent • ti .. t,, i and $12,500 in computer supplies and bookmobile service from the Greeley- i books for the children's library. based library district that Erie pays in- Subtracting the money awarded to the children's library, Erie has paid tosaymt they are fed up with made- •"`" about$387,500 to the district, which if t quote library service from the Weld . ; i divided over 60 months equals about County Library District and want out fi..r $2,787 for every 45 minute visit. I • Erie officials are asking state Colorado a r Almost 80 percent of the bookmobile tors to consider amending librarythe.Colorado • r gym, : ; stops since 1999 have been at the Chi]- lawfor that allows districts to be ?•� � dren's House of Weld County,a Montes- h formed,but has no provision for mein2••;„:41;•:" u sod school on Weld County Road 18 in ber braries to leave the district r Frederick. According to the district, Erie Mayor Barbara Connors said "^ ° wthis Wednesday that she recently uding r r m obil stop isit sin Erierduring theds the 139 blast with three state legislators,including„:„::,:z,, ,..7,11-•w x four years. Sen.Ron'Pupa,D-Boulder,to try to per ,, / The owner of a$150,000 house in the suade them to take up Erie's cause r 4 Weld section of Erie would have paid Connors said she hopes legislators ' $38,79 to the districtahis year, down will help the small town that straddles kie from$44:49 n 2002• • the Weld and Boulder county lines et-a-0, "First of all,it'svery unfair because out of a"ridiculous"situations ,c :i special district that y"The problem is ou opt in t ev o there s4 See LIBRARY/B4 t ' a way to opt out •of it. •But it's not true of m5a s 004 rs library districts," said Connors #i� t # , There's got to be some due process iMici. ' b . ., , t, i _ - , here.Tlus seems like a clearway to go 3- .e:O - s i m•gr .S% 7 i, x� x N` ."i s about it. We're going to blitz thelegis ;-4s about for this." • 4 �a`� ,4� ,,,, s 'ry'-r ' Connors said she isn t sure if the law r „ ,, i } "ri" �, ,- �€ makers she talked to are going to pick u' ivl •, �� a ,ar up the torch for her cause. 1 » aF t xq ..r "I don't feel like the door was closed : A .,E 4, in my face.Are;they going to carry the. �s • water" I don't know; it's at least one --_• . . - , , way to go,"Connors said."I don't think " we should stop fighting this thing until A we win." V Since January 1999, Erie taxpayers ..{ in Weld County have paid slightly more - tt! • '• than $400,000 into the district, receiv- _ _ ;pc in rohirn 139 bookmobile stops in , _ D' _ • 1� �S7inff2S[Tall•, - 7782244 Ext.319 or by e-mail at $. "They brought an 8-track sen- rope and Canada. vsIngleton@bmescall.com. L l i 4 T /lli ,,; out through the children's h a library in Erie. J brary. "Erie has to be able to provide 1 Lorraine David Children's Li- it's own service to it own citi 1 brary records show that Erie i • Continued from B3 zens; we can't mooch off of our residents have requested 111 neighbors anymore," he said. • books from the district so far "Until the law changes, we're t the people on the Weld County this year.People who have Weld kind of bound. We need to focus side are paying this tax to the County Library cards can re- on the district providing us with • Weld County Library District quest books be sent to the chil- some services. Perhaps we and getting virtually no services dren's library and may also re- haven't been yelling loud in return," said Connors. "It's a turn Weld County Library Dis- enough." really unfair taxation trict book. Sen. Ken Arnold, R-Westmin- situation.You're forced to pay Connors pointed out that the ster, who has also been ap this money, but you don't get volunteers who run the chil- proached by Connors,agreed. anything for t. That's wrong on dren's library have to beg for the 'They're going to have to work the face of it." 5 000 it takes to run the library c $ with the board in Weld County, " Connors said the library dis- for a year, which is not subsi- said Arnold. I just don't under • - videwhich took months to pro- unfairby th district,and that 's stand what the big deal is with vide Erie with information unfair for Weld County to claim Weld County driving a truck about the service it gets for the all of the library's yearly circa- over there into the area once a money, also presented inaccu- lotion. rate information when asked "You have to do it one way or week. They need to work with how many Weld County books the other," said Connors. "It's the people who are paying into had been checked out through not an honorable claim to the district." the children's library. • make." Arnold said he does not know A letter from Steve Cottrell, While Connors is talking to how he would vote if a bill the executive director of the legislators as part of the solution Amending the library district O : Weld County Library District, to getting library service for were up this legislative session said that in 2002, 1,216 books Erie residents,Trustee Greg "I guess I would have to see z: were checked out through the McCallum said Erie should de- what was in the bill," said - children's library. mand the service from Weld Arnold. "If they are going to get This year, according to Cot- County that residents are paying a bill like that, they need to get trell, 2,327 books were checked for and start working on getting on it real quick." Dead f)octors Don't Lie-and Dr Joe,Wal1act. co ��7�Nj' RRTr�Hj��n�ul { 3 ' 501 , rie Vol.29 No 49 ,. Review Erie.Colorado Dec.3-9,2003 Leaders consider leaving library district II Connors: Erie receives few services from Weld County in exchange for tax dollars By Brad Turner any services,".she said, "It's $125,469. items from the t,wo room chit While other service would really mean,"he:said;. I 1I • Colorado Hometownjust infuriating, real) LastI Newspapers y At the Lorraine David Chil- dren's library on Pierce Stieet, providers,such as the Moan- However, he tsaid he.was year, the taxpayers on the dren's Library, residents can However, customers at the thin View Fire Protection Dis- confident that Erie wasn't be- Town leaders say they're Weld County side (of Erie) order books from the county's Old.Town facility requested trict, allow unhappy munici- ing short changed in terms of' tired of being short-changed paid $125,000 in taxes. For library network, although the only 90 items from other palities to withdraw from services provided by the 'li- that,Erie got something like facility is considered indepen- buildings.- their -organization, Weld li- brary district by the two library districts five visits a year from the brary district artici ants "Th ' they participate in—and now dent, and funded by done- Connors said Erie's approxi- p p 4 services they're get- they want out. bookmobile." . dons. . moiety 2,600 Weld County have no ability to pull out of ring is what we're able to pro- Town of Erie staff members Documents obtained from However, the children's li_ residents are getting relatively the library network. vide at this point,she said. spent recent months compil- Town of Erie staff show weld brary patrons use other facili- little from the library district Steve Cottrell,the Weld dis- In a letter to Erie ing data about how Erie bene- County's bookmobile has ties in the library district less they support. trio's executive director, was spokesman Fred Diehl dated fits from participating in the made five or six stops each than users at Weld County's "We need to get out of that reluctant to comment on die Sept. 23, Cottrell said the li- Weld County Library District, year in the past five years. other libraries use the Erie fa- library district.We need to be- situation, since current law brary district purchased and Mayor Barbara Connors In that same period, the cility. headed toward library ser- does not allow Erie to opt out $10,000 in books, along with said the figures are disap- Weld library district's revenue Between January and Octo- vices of our own,"she said. of the district i a modem,for the children's li- pointing. from Erie property taxes has ber 2003,libraries throughout Unfortunately, there's a "I don't know what that brary. "This is taxation without mushroomed from$48,362 to the county borrowed 111 hitch. would look like, what that See•Library,Page A5 Erie Review i Trli,S, TS award-r„: I. n 4 u of Bo sM nPtl 4]ns 8u aeld a 1o,aa,8ud11Wnx Pun6P! oR0]ay1Pa x ion 11 Is Itl8¢WadCdSMa19 nM01JW 0PCp'I0J.�) P" d a�pllJ{.9 Paldn]]0 JJCd 1911 s ndpu s1 yanguu BmnPanptl Sue pl sr P9e'1 ou awnsses 419 $dm yans 8unuud to seal R9 Pa" 1 ns adewuP so'ssol'asuadxa Ile • jpije81190 ou 61asn1°s' awnsse vas!Ignd um, ea'Cut aol Pao'19 - sin vrr 3 • Z F "' r* ��x sb�*5s:Ck'a Y} � fig . " LOUISVILLE TIMES, LAFAYETTE NEWS, ERIE;b, :, r . r4 °�ff DEC. 3 9, 2003 x w4 • LIBRARY From Page Al • W' But children's library volun- for us," Smith said. "We don't serve n the at meantime,said. hop efuwith l tl. • leer Vic Smith said the mo- get anything out of them. Weshe sal a dem provided by the district can't get $5,000 a year out of said he invited several Erie fuckr was quickly scrapped because those sons of guns. leaders to discuss the situation in Hai . users had to dial along-dis- Weld library officials are with him, but has had no re- buildin [ante call to Greeley to con- preparing to conduct a study spouse so far. gates.'d; nett to the network. of services provided in Erie In recent months, Erie's 1i- tes • i Aside from a light pen used and other towns along the In- brary woes haven't been limit- town o terstate-25 corridor. ed to Weld County residents to check out books, Smith the edge, said the district has done al- The study is expected to be Earlier this year, the fenf most nothing for the children's completed by next summer. Lafayette Public Library in lean in library, which operates on "When we have that infor- Boulder County began charg- waited y about $5,000 a year in dona- mation, we'll have a much •ing Erie residents $65 a year doctor' r ` ` for y library card. ,2-114O:',6,1,1t4.--,1141-1d-:: lions. better idea of where libraries "The t, r YI °2 y 1 c,L�, Care,j "I don't know what they do need to go in Weld County to ? K a Tuck r n r tr ' • DONATIONS From Page Al wasnt , ` a. sh' ,�i , xr those t %' } they gave us money," she about$1,000," he said. 2002 election. but it t `' said, adding that this was the The high school booster. The board appropriated no ton P third time the Missoula group club received $2 000 to help money to charity last Year clothe r i fig. 1 >, i e ,F . fit. �,c� 5 4 na f. a e nom...a . s lit.% �a h� al ''yFi tai�",xa f' ate tr .r-ha`t -e rs.- .14.r. ,. ., a s_ . ., -,- �.. .}x wl...s$:'...�..c ....-.v....`:a. sc.-..>. . .�:. z.. :r .,,r... ATTACHMENT B. Minutes from 11/25/03 Erie Board of Trustees Mtg. h'. ----1---- Ene Board of Trustees Regular Meeting Minutes - - -� November 25,2003 Page 5 of 5 I. Mayor Connors will be a Homework helper at the Lorraine David Library Wednesday 4-5:30. i b. BOT Questions and Comments i. Trustee Carter asked for an update on the Municipal Code Book. The Code Book fl should be ready for Board approval in January. 3 ii. Mayor Connors H A. Dog owners; codes regarding leash laws 1'; B. Asked staff to draft language, requesting exemption from the Library ' District. C. Have Staff review the Subdivision approval process. D. Mayor Connors met with the Arts Village Colorado; establishing an Arts Center in the eastern half of Boulder County. E. Directed Staff to look at the sign ordinance before the Election, regarding political signs. F. Have Staff look into an ordinance that will address how long a final approval is effective if no action has been taken on the development G. Would like to look at the Erie High School Annexation. Staff will bring an ordinance for the Board limiting the annexations that should be sent to election. H. Hani Marogil is working with the utilities to get an easement and then will have to come to the Town to get final approval. I. The Erie Community Food Bank is holding it's annual food drive. I `, EXECUTIVE SESSION Trustee Novak moved to enter into Executive Session for discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f)and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official;the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees; specifically,to discuss the employment review and evaluation of Town Administrator Mike Acimovic at 10:22 p.m. i a Trustee Callahan seconded the motion,which carried with all voting in favor thereof. I Mayor Connors reconvened the meeting at 11:18 p.m. and made the following announcement: "The time is now 11:18 p.m. and the executive session has been concluded. The participants in the executive session were Trustees Pink, McCallum,Schrichte, Novak, Callahan, and Carter, Mayor Connors. For the record,if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session,or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the i record. Hearing none,the next item consideration of the contract for the Town Administrator". Trustee McCallum moved to direct the Mayor to present the contract to the Town Administrator as amended in the Executive Session. The motion, seconded by Trustee Novak,carried with all voting in favor thereof. XII. ADJOURNMENT Trustee Novak moved to adjourn the November 25,2003 Regular Meeting of the Board of Trustees at 11:20 p.m. The motion,seconded by Trustee McCallum, carried with all voting in favor thereof. 7lySubmift d, P-N-9311,1A Teresa G. Andrews,Town Clerk Barbara Connors, Mayor ATTACHMENT C. Bookmobile log sheet provided by Weld Library District Weld Library District Bookmobile stops in and around Erie , Year Location of Stop Stops Patrons Checkouts Publicity 1998 Forever Young Preschool - Erie 5 Flyers, Posters, Newspapers Childrens House of Weld County 5 1999 Erie Town Hall 6 Flyers, Posters, Newspapers Childrens House of Weld County 19 2000 Erie Town Hall 6 Flyers,Posters,Newspapers, Childrens House of Weld County 23 Walked door to door with flyers in Erie 2001 Erie Town Hall 6 11 23 Flyers, Posters, Newspapers Childrens House of Weld County 23 Brochures with schedule 2002 Erie Town Hall 5 4 40 Flyers, Posters, Newspapers Childrens House of Weld County 22 Brochures with schedule 2003 Erie Town Hall 6 3 9 Flyers, Posters, Newspapers Childrens House of Weld County 23 Brochures with schedule In 2001, Weld Library District began serving the residents of Erie through a book deposit at the Lorraine David Children's Library. Deposit Statistics 2001 No circulation statistics available 2002 1,216 books were checked out through the Children's Library 2003 2,327 books have been checked out through the Children's Library through October 11/20/03 ATTACHMENT D. Inter/Intra library loan log sheet provided by Erie Children's Library .-&k2S.-&11L Lorraine David Children' s Library 25 NO V 2003 MONTHLY INTER/INTRA LIBRARY LOAN STATISTICS REPORT FOR D' SYSTEM BRANCHES This OCTOBER Last OCTOBER YTD 2003 LOAN BORROW LOAN BORROW LOAN BORROW TO FROM TO FROM TO FROM Centennial Park 2 2 0 0 13 7 Lincoln Park 3 0 0 1 5 3 Bookmobile 2 0 0 0 2 3 Platteville 0 1 0 0 0 5 Eaton 1 0 0 0 4 0 Ft. Lupton 0 0 0 0 2 6 Ault 0 0 0 0 5 4 Hudson 0 2 0 0 1 4 Johnstown 1 1 0 0 8 2 Carbon Valley 12 12 0 0 18 23 KERSEY 0 0 1 0 0 0 Wellness Center 0 0 0 0 0 2 FTL Middle School 0 1 0 0 1 2 Farr 15 9 2 0 52 29 TOTAL: 36 28 3 1 111 90 ATTACHMENT E. Town of Erie correspondence with the Weld Library District INTEROFFICE MEMORANDUM TO: MIKE ACIMOVIC, TOWN ADMINISTRATOR FROM: FRED DIEHL, INFORMATION COORDINATOR SUBJECT: WELD LIBRARY DISTRICT DATE: NOVEMBER 25, 2003 Mike, Attached are copies of all written correspondence between Weld Library District (WLD) Executive Director Steve Cottrell and myself. Please note that in his last letter dated November 20, 2003, he supplies the information related to bookmobile visits we originally requested on September 11, 2003. The log sheets Mr. Cottrell provided indicate that the Children's House of Weld County is considered a Bookmobile stop for Erie. For your information, the Children's House of Weld County is located on Weld County Road 18 in Frederick, approximately 9 miles from Erie Town Hall. The Children's House of Weld County is also approximately 6 miles from a District Branch Library located at 320 Maple Street in Frederick. Mr. Cottrell also provided information on the number of books checked out through the Lorraine David Children's Library in Erie. The spreadsheet indicates 1,216 for 2002 and 2,327 for 2003. It was not clear if these numbers represented total books checked out at the children's library, or total books Erie residents requested from the other libraries in the district. For verification, Erie Children's Library staff was contacted. Today the Erie Children's Library staff ran the monthly reports for 2003 and report that to date, requests from Weld Library District libraries seeking books from the shelves of the Erie Children's Library are greater than the requests of Erie residents seeking books from other Weld Library District libraries. 111 books have been requested of the Erie Children's Library so far in 2003. During that same period, Erie residents have requested 90 books from the district's other libraries. Fred Fred Diehl From: Steve Cottrell (cottrell@weld.lib.co.us] Sent: Thursday, September 04, 2003 4:28 PM To: Fred Diehl Subject: Tax Revenue Erie Assessed . . _ `Fred, • I am attaching an Excel spreadsheet showing the budget information you requested. Steve Cottrell, Executive Director Weld Library District 1939 61st Ave. Greeley, CO 80634 970-506-8563 voice 970-506-8551 fax e-mail: cottrell@weld.lib.co.us Tax Assessed Valuation for the Town of Erie, CO Year Assessed Assessed Valuation' Mill Levy Revenue Year Received 1999 14,885,190 0.003249 48,362 2000 2000 17,482,790 0.003249 56,802 2001 2001 24,018,830 0.003249 78,037 2002 2002 28,857,890 0.003249 93,759 2003 2003 38,617,850 0.003249 125,469 2004 Fred Diehl From: Steve Cottrell [cottrell@weld.lib.co.us] Sent: Thursday, September 11, 2003 12:50 PM To: Fred Diehl Subject: RE: library district services Fred, I will be out of the office today and tomorrow, but I would like to call you early next week to set up a meeting with you to discuss your concerns about the District. The Board president would also like to be involved in the meeting. I will give you a call next week. Thanks. Steve Cottrell, Executive Director Weld Library District 1939 61st Ave. Greeley, CO 80634 970-506-8563 voice 970-506-8551 fax e-mail: cottrell@weld.lib.co.us Original Message From: Fred Diehl [mailto:fdiehl@ci.erie.co.us] Sent: Thursday, September 11, 2003 10:08 AM To: Steve Cottrel (E-mail) Subject: library district services Good morning Steve, I wanted to touch base again as I am continuing to compile information on current and potential library services for the Town of Erie. As you stated in our phone' conversation last week you would need some time to determine what the cost would be for the Town of Erie to withdraw from the district. If you are unable to provide an answer in the next week, could you provide a timeline of when you might be able to answerthat question? Also, we are still interested in the improvements that the Weld Library District has made since 1999 and in what towns those improvements took place. According to the WLD website, during the month of August this year the bookmobile visited Town Hall once from 9:00am to 9:45am on the 11th. Can I assume that the bookmobile has made a stop in Erie once a month for the past 5 years? Do you -have additional schedule information for the last 5 years? Thanks again for your assistance. I look forward to talking to you soon. Fred Fred Diehl -. Information Coordinator Town of Erie PO Box 750 Erie, CO 80516 - 303-926-2764 fwdiehl@ci.erie.co.us RE. WLD request for mtg From: Fred Diehl Sent: Thursday, September 11, 2003 2:24 PM To: 'Steve Cottrell ' Cc: Theresa Stayton subject: RE: library district services Steve, Thanks for the reply. we would be happy to arrange a meeting, however we would like the information we requested before such a meeting takes place. Once we have received the information, you may make an appointment with our Town Administrator, Mike. Acimovic, through his secretary. You may call Theresa Stayton at 303-926-2710 to make an appointment. I look forward to your reply. Thanks, Fred Fred Diehl Information Coordinator Town of Erie Po Box 750 Erie, CO 80516 303-926-2764 fwdiehl@ci .erie.co.us original Message From: Steve Cottrell [mailto:cottrell@weld.lib.co.us] Sent: Thursday, September 11, 2003 12:50 PM To: Fred Diehl Subject: RE: library district services Fred, I will be out of the office today and tomorrow, but I would like to call you early next week to set up a meeting with you to discuss your concerns about the District. The Board president would also like to be involved in the meeting. I will give you a call next week. Thanks. Steve Cottrell , Executive Director weld Library District 1939 61st Ave. Greeley, CO 80634 970-506-8563 voice 970-506-8551 fax e-mail : cottrell@weld.lib.co.us original Message From: Fred Diehl [mailto:fdiehl@ci .erie.co.us] Sent: Thursday, September 11, 2003 10:08 AM To: Steve Cottrel (E-mail) Subject: library district services Page 1 RE. WLD request for mtg Good morning Steve, I wanted to touch base again as I am continuing to compile information on current and potential library services for the Town of Erie. As you stated in our phone conversation last week you would need some time to determine what the cost would be for the Town of Erie to withdraw from the district. If you are unable to provide an answer in the next week, could you provide a timeline of when you might be able to answer that question? Also, we are still interested in the improvements that the weld Library District has made since 1999 and in what towns those improvements took place. According to the WLD website, during the month of August this year the bookmobile visited Town Hall once from 9:00am to 9:45am on the 11th. Can I assume that the bookmobile has made a stop in Erie once a month for the past 5 years? Do you have additional schedule information for the last 5 years? Thanks again for your assistance. I look forward to talking to you soon. Fred Fred Diehl Information Coordinator Town of Erie PO Box 750 Erie, CO 80516 303-926-2764 fwdiehl@ci .erie.co.us Page 2 Fred Diehl From: Fred Diehl Sent: Monday, September 15, 2003 2:09 PM To: Steve Cottrel (E-mail) Subject: Weld Library District Services Steve, I have been asked to contact you again regarding the district's reply to the Town's questions concerning library services. We have the following questions: 1.What is the procedure for the Town of Erie to withdraw from the Weld Library District? 3: What, if any, are the costs associated with this withdrawal? 2. What improvements has the WLD completed since 1995 and where did these improvements occur? We anticipate and appreciate your cooperation. Thanks, Fred Fred Diehl Information Coordinator Town of Erie PO Box 750 Erie, CO 80516 303-926-2764 fwdiehl@ci.erie.co.us 1 • Weld Library District September 23, 2003 Fred Diehl Information Coordinator • Town of Erie P.O. Box 750 • Erie, Colorado 80516 • Dear Fred: In your last e-mail communication (attached), you stated that you had been asked to contact me again "regarding the district's reply to the Town's questions concerning library services". You listed the following three questions: • 1. What is the procedure for the Town of Erie to withdraw from the Weld Library District? 2. What, if any, are the costs associated with this withdrawal? 3. What improvements has the WLD completed since 1995 and where did these improvements occur? • In response to your first question, the District's attorney and I have reviewed the state law pertaining to public libraries and would refer you to CRS 24-90-106.5 (Current as of September 11, 2003). A copy of the statute is attached. State law does not allow a municipality already included in a library district to withdraw from the district. It is possible, however, for a municipality to establish its own municipal library as long as it does not affect the financial support previously established for the library district. If the Town of Erie is interested in creating its own municipal library, we would be available to discuss that with you., It appears that your second question would depend on any action you might take under • CRS 24-90-106.5. Again, we are open to discussing possibilities with you. In answer to your third question, the Weld Library District has made numerous improvements in many areas of its operation since 1995. The improvements more specifically related to the residents of Erie would include the expansion of hours of • service, materials collection, and services at the Carbon Valley Branch in Frederick; • Bookmobile service to Erie; the addition of a second Bookmobile to serve the southwest • • corner of Weld County; and the District's support of the Lorraine David Children's Library through an intergovernmental agreement with the Town of Erie. Support of the Children's Library has included the purchase of$10,000 of materials for the library, cataloging of the Library's materials collection, the purchase of a modem for the data line and payment of the annual account fee for connecting to the District's on-line computer Branch Libraries: • Bookmobile Services/Carbon Valley Branch Library,Frederick/Centennial Park Branch Library,Greeley Farr Branch Library,Greeley/Lincoln Park Branch Library,Greeley Administration Member Libraries: - ` 1939 61st Avenue Eaton Public Library/Fort Lupton Public and School Library/Glenn A.Jones,M.D.Memorial Library,Johnstown - Hudson Public Library/Northern Plains Public Library,Ault/Platteville Public Library Greeley,CO 90634.7940 Affiliated Library: (970)506-8550 Wellspring Health Library/North Colorado Medical Center,Greeley Fax:(970)506-9551 system, a computer for library use, access to the District's on-line circulation system for use by the Children's Library, the capability to place holds on materials on-line, and courier service providing access to and delivery of any of the over 400,000 items located within the District's libraries. A study of current and future library service needs in the southwest corner of Weld County will begin later in 2003. Other improvements have included an increase in the District's mill levy, construction of a new resource library in Greeley that serves the entire District, renovation of the Centennial Park Library in Greeley, minor renovations to the Lincoln Park Branch in Greeley, construction of a new library in Ault, renovation of the library in Eaton, expansion of the library in Platteville, remodeling of the libraries in Hudson and Ft. Lupton, and plans for a new library in Johnstown. • I believe this letter will answer some of your questions. Please feel free to call me if you wish to discuss these matters further. Sincerely, Cre — Steve Cottrell, Executive Director Weld Library District cc: Weld Library District Board of Trustees Beth Hager, WLD Associate Director Mike Acimovic, Erie Town Administrator To: Steve Cottrel (E-mail) Sent: Thursday, November 06,2003 10:03:31AM Subject: bookmobile visits Steve, I just wanted to follow up on my question to you from September 11, 2003. The question is, do you have information and/or a log sheet for how many visits the WLD Bookmobile made to Erie over the last two years? • Thanks, Fred Fred Diehl Information Coordinator Town of Erie PO Box 750 Erie, CO 80516 303-926-2764 fwdiehl@ci.erie.co.us • Weld Library District Adrninistratiou, 1939 cil" Avenue,Greeley,CC)30634-7940 (970)506-8550,Far:(970)506-8551 November 7, 2003 Fred Diehl Information Coordinator Town of Erie P.O. Box 750 Erie, Colorado 80516 Dear Fred I am writing in response to your E-mail of November 6, 2003 in which you requested information on the number of Bookmobile visits to the Town of Erie over the last two years. The answer to your question must be placed in context with the signing on December 12, 2000, of an intergovernmental agreement between the Town of Erie and the Weld Library District that established a District Deposit Station at the Lorraine David Children's Library. (A copy of the IGA is enclosed)' Prior to the establishment of the Deposit Station, the Bookmobile was making 30 stops a year in Erie and the surrounding area. Since the opening of the Children's Library the Bookmobile has made'17 stops in Erie; including 6 during the Summer of 2003. The Town of Erie is now served by the District's Deposit Station at the Children's Library. I would refer you to my letter of September 23,2003 for the details of the service being provided. I hope you will note that the services being provided through the Deposit Station are far greater than those available from the Bookmobile. Once you have had a chance to review this information,we would be happy to discuss it with you further. Sincerely, • Steve Cottrell, Executive Director • Weld Library District Ends. (2) cc:''Weld'Library-District'Board ofTrustees; •;r+I ,; Beth Hager,WLD Associate'Director a:. . • •r ':• :• Mike Acimovic;Erie Town Administrator Branch Libraries Bookmobile Services/Carbon Valley Branch Library.Frederick/C'entennial Park Branch Library,Greeley Farr Branch Library,GreeleyiLincoln Park Branch Library,Greeley MemberLibroriel: Eaton Public Library/Fort Lupton Public and School Library/Glenn.A.Jones,M.D.Memorial Library.Johnstown Hudson Public Library/Northern Plains Public Library,Ault/Platteville Public Library Sent: Tuesday, November 11,2003 4:35:20 PM Subject: Bookmobile logsheet Steve, I received your letter dated November 7,2003. Thanks so much for the information you supplied regarding WLD Bookmobile visits to the Town of Erie over the last two years. You stated that the Bookmobile was making 30 stops a year in Erie and the surrounding area. Could you please assist those of us who were not around or who do not remember, the specific locations of those stops? That is why I thought a Bookmobile log sheet might be helpful -to assist our memories. Please let me know if such a log sheet is available for our review. Thanks again, Fred Fred Diehl Information Coordinator Town of Erie PO Box 750 Erie, CO 80516 303-926-2764 fwdiehl@ci.erie.co.us Vierir Weld Library District November 20, 2003 Mike Acimovic Erie Town Administrator P.O. Box 750 Erie, Colorado 80516 Dear Mr. Acimovic: Over the past few months I have received several requests for information from Fred Diehl. In response to his latest request I have decided to contact you directly with the response. I have attached a report showing the Bookmobile stops in Erie and the Children's House of Weld County from 1998 —2003. The report also shows the number of materials checked out from the District's deposit collection at the Lorraine David Children's Library. Through the Children's Library the District provides access to a deposit collection of children's materials as well access to the District's computer database containing 420,000 items. Erie residents may go online and place holds on books or other items located at one or more of the District's eleven libraries and have the materials shipped to them at the Children's Library via weekly courier service. The District provides service to Erie residents living on the Weld County side of town and the Boulder County side of town. We have never made a distinction between the county of residence, even though the Boulder County residents do not pay a property tax to the District. As I mentioned in a previous letter the District is conducting a library facilities study for the southwest corner of the county. The study will include the I 25 corridor from Erie to Mead. Our goal is to develop a plan for providing quality library service to the residents of this area. Branch Libraries Bookmobile Services/Carbon Valley Branch Library,Frederick/Centennial Park Branch Library,Greeley Farr Branch Library,Greeley/Lincoln Park Branch Library,Greeley Member Libraries: Administration Eaton Public Library/Fort Lupton Public and School Library/Glenn A.Jones,M.D.Memorial Library,Johnstown - 1939 61st Avenue Hudson Public Library/Northern Plains Public Library,Ault/Platteville Public Library Greeley,CO 80634-7940 Affiliated Library: - - (970)506-8550 Wellspring Health Library/North Colorado Medical Center,Greeley - Fax:(970)506-8551 Mr. Acimovic Page 2 November 20, 2003 I would like to extend an invitation to you and the Mayor of Erie to meet with me and the executive committee of the Weld Library District's Board of Trustees. If you are interested in meeting, please give me a call and we can set a date and time. I hope to hear from you soon. Best Regards, Steve Cottrell Executive Director Enc cc: Steil Diebl,.I fonnat'ti€ e"dFir."rd"It tbrpTown-af Erie_ Brian Larson, President, WLD Board of Trustees Marge Curtiss, Vice president, WLD Board of Trustees Beth Hager, WLD Associate Director ATTACHMENT F. Erie Children's Library correspondence with the Weld Library District ERIE LIBRARY ASSOCIATION z t PO BOX 118 ERIE, CO. 80516 • • • June 5, 2002 Mt Margery Curtiss, President Weld County Library District Board:of Trustees Weld County Library 2227 23s Avenue Greeley, Co. 80634-8832 Dear Ms. Curtiss: The Erie Library Association (ELA)and the Lorraine David Children's Library (LDCL) Board of Director's request a meeting with the Weld County Library District to discuss your Board's consideration of funding for the LDCL before the 2003 budget planning meetings are scheduled. LDCL requested funding in a letter November 8,2001 to Weld County Library in which the District stated that funding could not be considered for the 2002 budget cycle. The need for the original $20,000.00 annual funding the LDCL requested still exists and will be presented for your Board's consideration when the joint meeting is scheduled. The annual funding is to insure the LDCL can meet its operating budget to provide this much needed service to the Erie community. As reflected in the increase in tax levy revenues since 1985 when Erie became a member of the District, Erie has grown 400 percent in the last 10 years and it is anticipated that most of the growth in the next 10 years will be located on the Weld County portion of Erie. - This request is modest according to WCLD's 2002 budget that approved pasts through funds be allocated to other members that range from a minimum of$85,000(Johnstown)to a maximum of $291,000(Ft. Lupton). LDCL recognizes the needs of other members that have been provided funding and is merely making a similar request for assistance. An appropriate manner to handle this funding would be to initiate an Intergovernmental Agreement between WCLD and LDCL that would solidify the arrangements for providing this request It is the LDCL desire to open and operate the library this year so that the Erie community can start enjoying the services the library has to offer. Ms. Margery Curtiss, President Weld County Library District Board of Trustees June 4, 2002 Page Two Again, we look forward to providing a Deposit station for WCLD and appreciate the District's assistance in establishing the book inventory, computer service and consideration of the request for annual funding. el Pat Bun y Vice President CC: Steve Cottrell, Weld County Library District Director Weld County Commissioners Town of Erie Board of Trustees w S '.w ter. ERIE LIBRARY ASSOCIATION 'nor' fi ;Iy.. PO Box 118 y, �� --�--- ERIE. CO. 80516 : + w .tit , i _t. , 2 "r. �` December 13.2001 ,c• _ • .Ms. Margery Curtiss, President Weld County Library District Board of Trustees Weld County library 2227 23f°Avenue Greeley, Co. 80634-6632 Dear Ms. Curtiss: The Erie Library Association(ELA)and the Lorraine David Children's Library(LDCL) Board of Directors appreciates the items provided by the Weld County Library District(WCLD)from Erie's • portion of the tax levy that has been collected since 1985. Our request of November 8, 2001 to be considered for annual funding is to insure the LOCI can meet its operating budget to provide this much needed service to the Erie community. As reflected in the increase in tax levy revenues, Erie has grown 400 percent in the last 10 years and it is anticipated that most of the growth in the next 10 years will be located on the Weld County portion of Erie. According to WCLD's proposed 2002 budget, pass through funds allocated to other members range from a minimum of$85,000(Johnstown)to a maximum of 3291,000(Ft. Lupton). LDCL's request for 320,000 is modest in comparison. We would propose that an Intergovernmental Agreement be initiated between WCLD and WO_ that would solidify the arrangements for providing this service. We look forward to providing a Deposit station for WCLD and appreciate the District's consideration of the request for annual funding. • Sincerely, Lorraine David " President CC: Steve Cottrell, Weld County Library District Director Weld County Commissioners Town of Erie Board of Trustees %Pr Weld Library District November 27, 2001 Lorraine David, President Erie Library Association P.O. Box 118 Erie, Colorado 80516 Dear Mrs. David: I am writing in response to your letter dated November 8, 2001. In light of the communications between the District staff and your organization beginning in 1996, we were surprised at your request for funding for the Lorraine David Children's Library. As early as July 3, 1996, the District's Library Director was involved in conversations with the Erie Library Association about establishing the Children's Library as a Deposit station. Each year since 1997 the District has set aside $10,000 for the purchase of books and $2,500 for a computer in anticipation of the opening of the Children's Library. Those funds have been carried forward each year. On December 12, 2000, the District entered into an Intergovernmental Agreement with the Town of Erie to formally establish the Deposit status of the Children's Library. As stated in the guidelines for establishing a deposit station, the responsibility for operating and staffing the facility remains with the group or agency providing the facility. These were the conditions referenced in the Intergovernmental Agreement dated December 12, 2000. In 2001, the Technical Services Department began purchasing, cataloging, and processing $10,000 worth of children's books for your library. Over the past three years - a substantial number of books that have been donated to the District have been set aside for the Children's Library. These books are also being processed. In fact, many of these books have already been shipped to your library. The District has given you a $700 computer modem for a data line and has paid a $400 account fee that will allow your library to access the District's on-line circulation and catalog computer system. A computer for the Children's Library will be purchased as soon as we know your specific needs. Itotirade !Luknw Lily Servin,,/1 ;ulnm Valley!Irani-It l.ibr: y.Frederick I Centennial lark Branch l.6ruy.Greeley Administration !.u.vnln Park Branola t.iln are.Greeley2'l'l7 23rd Avenue Greeley.CO 811634.66:!_ Eaten Piddle Lihruv Fart i uplan I'uiJ is;md Srhunl Liln':uy/t:lent)A..lone,,M.D.Menuuinl l.ahry.JuI,ti jaw,. 19701 J80-0'?(k I'mkt., Piddle l.JI.r.niy N.�i t l:.ru Hama{pit Llic LiLr:u',:Aull/l tievillc Public Lii,,,, The District's courier service has been delivering materials to your library on an as need basis during your preparations for opening the facility. Once the library is open, you will receive courier deliveries on Tuesdays and Thursdays. In addition to working with Erie to establish the Children's Library as a Deposit, the Weld Library District has a branch library located in Frederick and has also offered Bookmobile service to Erie and many other areas of the County since 1986. The purchase of a second bookmobile in 2001 has allowed us to dedicate one bookmobile to providing service to the south and southwestern areas of the County. From January through October of this year, the bookmobiles have checked out over 89,000 books and other items to residents of the District. The Board of Trustees of the Weld Library District is acutely aware of the growth that is occurring in the southwest corner of Weld County. We understand that as the population grows along the 1-25 corridor, there will be a need for new branch libraries to be strategically located to serve the new residents. The Library Board will begin the process of developing policies and strategies for addressing the needs of the southwestern corner of the District beginning in 2002. As our plans develop, we will work closely with the Town of Erie, as well as the other municipalities in the area and the Weld County planning department. We congratulate you on your success in establishing the Lorraine David Children's Library and look forward to working with you in making the library a Deposit station of the Weld Library District. Sincerely, Qn,` /� Margery Curtiss,President Weld Library District Board of Trustees Cc: Weld County Commissioners Town of Erie Board of Trustees Weld Library District Board of Trustees • _zit. • :'''S ERIE LIBRARY ASSOCIATION • • PO BOX 118 .r. '�• ERIE, CO. 80516 • November 8, 2001 • Weld County library District Board of Directors Weld County Library District 2227 23O°Avenue Greeley, Co. 80634-6632 Dear Director: After 10 years, a lot of donations and volunteer hours, the Lorraine David Children's Library (formerly Erie Children's Library) has become a reality. As they say," the last 10 percent of any project takes 90 percent of the time", and that's where we are right now. Computers need to be installed, books need to be logged in the system, and the budget approved. Which brings us to our request. When the Weld County library District was formed in 1985 and the mill levy was set, no public library existed in Erie. Other towns that had libraries agreed to participate and became a part of the district with the agreement that the "member' town would receive a portion of the mill levy. Erie has contributed in providing property tax revenue to the Weld County Library District since its formation. The District has provided $2,500 in computer supplies and $10,000 in books for this library and other than the Intergovernmental Agreement (IGA) establishing Erie as a depository for the Weld County Library District in December 2000, no other contract or services are being provided to Erie by the District. The proposed legislation to create a Regional Library District in the Boulder area is at least 3 %years in the future if it passes state and local approval. In - addition, it is neither feasible nor appropriate to expect funding from the Town of Erie because a tax is already being imposed. Therefore, the Erie Library Association is requesting Weld County Library District approve an annual appropriation of Erie's portion of the property tax($52,000 in 2001) to help fund The Lorraine David Children's Library beginning in budget year 2002. Weld County Library District Board of Trustees November 7, 2001 Page Two Whether this funding is provided by amending the Wed County Ordinance that created the District to include Erie as a member district, appropriated through Grants-In-Aid, donations or by other means, we believe it can be done so that our goal of providing library service to Erie can be reached. Thank you for your consideration. We look forward to hearing from you soon. Si cecely, Luti, - ca).44 Lorraine David President LD/db Cc: Steve Cottrell, Weld County Library District Director Weld County Commissioners Town of Erie Board of Trustees ATTACHMENT G. Colorado Revised Statutes Section 32-1-502 (SPECIAL DISTRICTS) LexisNexis(TM) CD Page 1 of 3 32-1-502. Exclusion of property within municipality - procedure. (1) (a) The governing body of any municipality wherein territory within a special district is located, the board of any special district with territory within the boundaries of any municipality, or fifty percent of the fee owners of real property in an area of any municipality in which territory within a special district is located may petition the court for exclusion of the territory described in the petition from the special district. Within ten days after the filing of any petition for exclusion, the governing body of the municipality and the board shall be notified of the exclusion proceedings. The taxpaying electors shall be notified of the exclusion proceedings by publication. The governing body of the municipality, the board, and the taxpaying electors, as a class, shall be parties to the exclusion proceedings. (b) The provisions of this section shall not apply to health service districts. (c) The provisions of this section shall not apply in the event that the territory described in the petition for exclusion constitutes the entire territory of the special district. (2) Subject to the provisions of subsection (5) of this section,the court shall hold a hearing on the petition and order the territory described in the petition or any portion thereof excluded from the special district if the following conditions are met: (a) The governing body of the municipality agrees, by resolution, to provide the service provided by the special district to the area described in the petition on and after the effective date of the exclusion order. (b) The service to be provided by the municipality will be the service provided by the special district in the territory described in the petition for exclusion. (c) The governing body of the municipality and the board shall each submit a plan for the disposition of assets and continuation of services to all areas of the district. Said plans shall include, if applicable, provisions for the maintenance and continuity of facilities to be utilized by the territories both within and without the municipal boundaries and of services to all territories served or previously served by the special district. If the municipality and the special district agree upon a single plan and enter into a contract incorporating its provisions, the court shall review such contract, and if it finds the contract to be fair and equitable, the court shall approve the contract and incorporate its provisions into its exclusion order. The court's review of the provisions of the contract shall include, but not be limited to, consideration of the amount of the special district's outstanding bonds, the discharge by the municipality or the territory excluded from the special district of that portion of the special district's indebtedness incurred to serve the territory proposed for exclusion, the fair market value and source of special district facilities located within the territory proposed for exclusion, the facilities to be transferred which are necessary to serve the territory proposed for exclusion, the adequacy of the facilities retained by the special district to serve the remaining territory of the special district, the availability of the facilities transferred to the municipality for use, in whole or in part, in the remaining territory of the special district, the effect which the transfer of the facilities and assumption of indebtedness will have upon the service provided by the special district in territory which is not part of the exclusion, and the extent to which the exclusion reduces the services or facilities or increases the costs to users in the remaining territory of the special district. (d) If the municipality and the special district are unable to agree upon a single plan, the court shall review the plans of the municipality and the special district and direct each to carry out so much of their respective plans in which there is no disagreement and make such other provisions as the court finds fair http://198.187.128.12/colorado/lpext.dll/Infobase/4d43 c/4d456/4d458/4d6dc/4d706?f=tem... 12/8/2003 LexisNexis(TM) CD Page 2 of 3 and equitable, and shall make such allocation of facilities, impose such responsibilities for the discharge of indebtedness of the special district, and impose such other conditions and obligations on the special district and the municipality which the court finds necessary to permit the exclusion of territory from the special district and the transfer of facilities which are necessary to serve the territory excluded without impairing the quality of service nor imposing an additional burden or expense on the remaining territory of the special district. For the purpose of making such determination, the criteria set forth in this paragraph (d) and paragraphs (b) and (c) of this subsection (2) shall be considered. The respective portions of the plans to be performed, the transfer of facilities, and the requirements for the discharge of indebtedness of the special district and other conditions and obligations imposed by the court shall be specifically set forth in the order excluding territory from the special district. (3) (a) The following additional requirements shall be met before any court orders the exclusion of any area from any water, sanitation, or water and sanitation district or any metropolitan district providing water or sanitation services or both: (I) Such district's outstanding bonds shall not exceed ten percent of the valuation for assessment of the taxable property in the remaining territory of the special district, or, as an alternative, the municipality or the territory excluded from the special district shall discharge that portion of the special district's indebtedness incurred to serve the territory proposed for exclusion or the municipality shall have entered into a contract to purchase the entire system or systems of such district at a price at least sufficient to pay in full all of the outstanding indebtedness of such district and all of the interest thereon. (II) Provision shall be made that all areas of such district receive the service or services for which such district was organized in substantial compliance and fulfillment of the service plan of the district, if one exists, or in accordance with the petition for organization of such district if no service plan was originally adopted and approved pursuant to part 2 of this article. (b) If an election in a water, sanitation, or water and sanitation district or a metropolitan district providing water or sanitation services or both has been held pursuant to subsection (7) of this section and the majority of votes cast favor the municipality providing the service, the municipality and such district shall enter into a contract for the municipality to assume full responsibility for the operation and maintenance of the entire system or systems of such district and to integrate said system or systems with those of the municipality to the largest extent possible. The terms and conditions of service and the rates to be charged by the municipality for said service under the contract shall be uniform with the terms, conditions, and rates for similar service provided by said municipality to other users within the municipality. (4) If no election has been held pursuant to subsection (5) of this section, the following additional requirement shall be met before any court orders the exclusion of any area from any fire protection district: The quality of service including, but not limited to, the fire insurance costs for the improvements within the excluded area will not be adversely affected by such exclusion. (5) (a) After the filing of a petition for exclusion under subsection (1) of this section, ten percent or one hundred of the eligible electors of the special district territory proposed for exclusion, whichever number is less, may petition the court for a special election to be held within the special district territory proposed for exclusion on the question of exclusion of the territory described in the petition for exclusion. If a petition for a special election is filed with the court and complies with this subsection(5), the court shall order a special election to be held only after it finds the conditions of paragraphs (a), (c), and (d) of subsection (2) and, if applicable, of subsection (3) or (4) of this section are met. The election shall be held and conducted, and the results thereof determined, in the manner provided in articles I to 13 of title 1, C.R.S. The special district shall bear the costs of the election. http://198.187.128.12/colorado/lpext.dll/Infobase/4d43 c/4d456/4d458/4d6dc/4d706?f=tem... 12/8/2003 LexisNexis(TM) CD Page 3 of 3 (b) If a majority of the electors voting at such election approve the question of exclusion, the court shall order the territory excluded from the special district in accordance with its findings on the conditions specified in subsection (2) and, if applicable, of subsection (3) or (4) of this section. If a majority of those voting do not approve the question, the court shall conclusively terminate the exclusion proceeding. (6) Any order for exclusion of territory from a special district shall become effective on January 1 next following the date the order is entered by the court. The order for exclusion shall recite in the findings a description of any bonded indebtedness in existence immediately preceding the effective date of the order for which the excluded property is liable and the date that such bonded indebtedness is then scheduled to be retired. After July 1, 1993, failure of the order for exclusion to recite the existence and scheduled retirement date of such indebtedness, when due to error or omission by the special district, shall not constitute grounds for correction of the omission of a levy on the excluded property from the assessment roll pursuant to section 39-5-125, C.R.S. (7) (a) After any exclusion of territory under this section, the court may order an election of the electors of the portion of the special district remaining to determine whether they desire the municipality to provide the service provided by the special district if either of the following conditions exists: (I) More than fifty percent of the territory within the special district as it existed prior to such exclusion has been excluded; or (II) The valuation for assessment of the area of the excluded territory is greater than the valuation for assessment of the area of the remaining territory in the special district. (b) If a majority of the electors voting at such election approve the question requiring the municipality to provide such service, the court shall request the governing body of the municipality and the board to enter into a contract which will govern the providing of the service. The terms and conditions of the contract shall be reviewed and approved by the court, but in no event shall the terms, rates, and conditions be less equitable than for services supplied by a municipality to any other users within the municipality. The court's review of the contract or, if the municipality and the special district after good faith negotiations are unable to agree upon a contract, the court's order shall be in accordance with the criteria set forth in paragraphs (b), (c), and (d) of subsection (2) of this section. The special district shall continue in existence for the purpose of fulfilling any obligation imposed upon it by the contract with the municipality or otherwise. (c) Any election held pursuant to this subsection (7) shall be held and conducted, and the results thereof determined, in the manner provided in articles 1 to 13 of title 1, C.R.S. Source: L. 81: Entire article R&RE, p. 1559, § 1, effective July 1. L. 85: (2)(a) and (2)(b) amended, p. 1110, § 1, effective April 24. L. 92: (5)(a) and (7)(c) amended, p. 877, § 111, effective January 1, 1993. L. 93: (6) amended, p. 83, § 2, effective March 29. L. 96: (1)(b) amended, p. 474, § 14, effective July 1. Editor's note: This section was contained in an article that was repealed and reenacted in 1981. Provisions of this section, as it existed in 1981, were contained in several sections in 1980, the year prior to the repeal and reenactment of this article. For a detailed comparison, see the table located at the back of volume 13. http://198.187.128.12/colorado/lpext.dl1/Infobase/4d43c/4d456/4d458/4d6dc/4d706?f=tem... 12/8/2003 ATTACHMENT H. Colorado Revised Statutes Section 24-90-106.5 (LIBRARY DISTRICTS) LexisNexis(Tlvi) CD Page 1 of 1 24-90-106.5. Establishment or removal of a municipal library in an existing county library or library district. If a municipality is included in the service area of an existing county library or library district, public library service shall not be refused or discontinued other than as provided in this article. The municipality may establish its own municipal library only by choosing to do so by means of financial support that does not affect the financial support previously established for the county library or library district; except that the municipality and the county library or library district may, by mutual written agreement, permit a financing method for a municipal library that does affect the financial support previously established for the county library or library district. If establishment of the municipal library is to be funded by any amount of tax levy not previously established by resolution or ordinance nor previously approved by the electors of the municipality, the electors must approve that levy before the municipality can establish the library. Source: L. 2003: Entire section added with relocated provisions, p. 2447, § 7, effective August 15. Editor's note: (1)This section was formerly numbered as 24-90-106 (2). (2) This section was contained in a 2003 act that was passed without a safety clause. The act establishes an effective date of August 15, 2003, for this provision. For further explanation concerning the effective date, see page vii of this volume. http://198.187.128.12/colorado/lpext.dll/Infobase/36801/3d77f/3d781/3d7cd/3d851?fn=do... 12/8/2003 ATTACHMENT I. Town's request for information on withdrawing from library district TOWN'S REQUEST TO WITHDRAW FROM DISTRICT December 5th, 2003 Boulder Daily Camera: "There was no communication about their concern....," - Kelli Johnson, Weld Library District spokeswoman December 5th, 2003 On the same day, Kelli Johnson, the Weld Library District spokeswoman, issued a Press Release which seemed to contradict her own statement: "Three months ago the Weld Library District (WLD) received an email from Fred Diehl, Erie's Information Coordinator, requesting information about the procedure for withdrawing from the District...." - Kelli Johnson, Weld Library District spokeswoman September 11, 2003 E-Mail from Fred Diehl to WLD Executive Director Steve Cottrell: Good morning Steve, I wanted to touch base again as I am continuing to compile information on current and potential library services for the Town of Erie. As you stated in our phone conversation last week you would need some time to determine what the cost would be for the Town of Erie to withdraw from the district. If you are unable to provide an answer in the next week, could you provide a timeline of when you might be able to answer that question? Hello