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Chapter 2-3: Boards and Commissions1

2-3-1.  General Provisions. Go to the top

(a)  The city council:

(1)  At a regular meeting before April shall appoint members to city boards and commissions, who are city electors representing both sexes;

(2)  May remove any member by majority vote for conflict of interest violation2, any other violation of applicable law, regulation, or policy, nonattendance to duty, failure to attend three consecutive regularly scheduled meetings without a leave of absence approved by a majority of the board or commission, or any other cause; and

(3)  Shall fill any vacancy for the remainder of its term.

(b)  Each city board or commission shall:

(1)  Hold regular monthly meetings;

(2)  Keep minutes of its meetings and records of its transactions, which are publicly available;

(3)  Appoint a chair, vice-chair, and secretary (who may be a city employee);

(4) Conduct its meetings under the then current Robert's Rules of Order, Newly Revised, unless the board or commission adopts other rules of meeting procedure;

(5)  Hold all meetings open to the public, after full and timely notice of date, time, place, and subject matter of the meeting, and provide an opportunity for public comment at the meeting; and

(6)  Unless otherwise provided by law, conduct all quasi-judicial hearings under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.

(c)  Unless otherwise provided by law, three members of each board constitute a quorum, and each board or commission shall act only on an affirmative vote of at least three members.

(d)  Unless otherwise provided by law, each city board or commission is authorized to:

(1)  Hold special meetings at any time upon the call of a quorum and after at least twenty-four hours' notice to members and as much public notice as is practicable under the circumstances;

(2)  Administer oaths;

(3)  Adopt rules interpreting its legislative duties under this code and establishing procedures in aid of its functions; and

(4)  Issue subpoenas to require the presence of persons and the production of writings, papers, books, documents, records, or tangible things necessary to its proceedings.

(A)  The secretary of the board or commission shall issue subpoenas upon written request therefor.

(B)  Subpoenas shall be served in accordance with the provisions of Colorado Rules of Civil Procedure 45(c), except that no witness fees or mileage shall be paid.

(C)  No person shall fail to obey a subpoena issued by the board or commission.

(e)  Except as otherwise provided by law, all members of city boards and commissions shall serve without pay, shall serve until their successors take office, and shall not hold any other office in the city, but the secretary of any board or commission may be a city employee.

(f)  If a member of a city board or commission is present at a meeting and refuses to vote, the member's vote shall be recorded in the affirmative. No member is excused from voting except on approving minutes of a meeting that the member did not attend or on a matter creating a conflict of interest under Chapter 2-7, "Code of Conduct," B.R.C. 1981, or on consideration of such member's conduct in the business of the board or commission.

(g)  If a city board or commission listed in this chapter, or the city council, the Boulder Municipal Property Authority, or an advisory body to a general improvement district, gives posted notice of a public meeting other than a notice required to be posted on affected property, in addition to any other place where such notice is posted, the notice shall be posted on the bulletin board in the first floor lobby of the municipal building located on the southwest corner of Broadway and Canyon. It shall not be necessary for any of these bodies to designate this place for posting annually. Except in cases of emergency meetings, such notice, if posted, shall be posted at least twenty-four hours in advance of the meeting. Notice posted pursuant to this subsection shall be full and timely notice, but no meeting shall be deemed not to have been preceded by full and timely notice merely because notice was not posted as allowed in this subsection so long as full and timely notice was given by some other means.

Ordinance Nos. 5621 (1994); 7202 (2002); 8013 (2014)

2-3-2.  Arts Commission. Go to the top

(a)  The City of Boulder Arts Commission consists of five members appointed by the city council for five-year staggered terms, all of whom are city electors.

(b)  The commission's functions include, without limitation:

(1)  To promote and encourage the development and public awareness of and interest in the fine and performing arts in the city;

(2)  To advise the city council in connection with all matters relating to the artistic and cultural development of the city;

(3)  To perform such other functions associated with the arts as the council may from time to time direct;

(4)  To make recommendations to the council with respect to annual budget appropriations for the arts;

(5)  To assist in the preparation of applications for grants or other sources of funding for arts programs for the city;

(6)  To administer the city arts grant program and other city arts programs pursuant to any authority provided therefor by ordinance of the council; and

(7)  To advise and consult with local arts groups as requested by such groups or by the council.

(c)  The commission is not authorized to issue subpoenas.

Ordinance No. 5541 (1993)

2-3-3.  Beverage Licensing Authority. Go to the top

(a)  The City of Boulder Beverage Licensing Authority consists of five members serving five-year staggered terms, all of whom are city electors. The council shall appoint members at a regular meeting in March of every year. The council shall adjust terms as needed to stagger the terms. Vacancies shall be filled for the remainder of the term.

(b)  The city manager shall serve as secretary to the authority. The secretary may be known as the licensing clerk, and shall serve as the authority's agent for all functions.

(c)  The authority's functions are:

(1)  To grant or refuse applications for licenses to sell malt, vinous, or spirituous liquor, and fermented malt beverages;

(2)  To conduct investigations;

(3)  To suspend or revoke such licenses for cause;

(4)  To perform all other acts or duties required to carry out the purposes of the state and city liquor and fermented malt beverage licensing laws; and

(5)  To perform all other responsibilities that the council may delegate to it.

(d)  The city manager shall issue all licenses granted by the authority upon receipt of the license fees prescribed by Sections 4-20-2, "Alcohol and Fermented Malt Beverage License and Application Fees," and 4-20-12, "Local Improvement District Fees," B.R.C. 1981.

(e)  Sections 1-3-3, "Notice of Agency Action," 1-3-4, "Exception for Emergencies," and Subsections 1-3-5(a) and (c), B.R.C. 1981, do not apply to hearings conducted by the authority.

(f)  The city council shall establish and adopt by resolution rules of procedure for the authority.

(g)  The authority may adopt supplemental rules of procedure provided that the authority's supplemental rules shall not be in conflict with those adopted by the city council.

Ordinance Nos. 5347 (1990); 5440 (1992); 7457 (2006)

2-3-4.  Board of Building Appeals. Go to the top

(a)  The City of Boulder Board of Building Appeals consists of the five members of the board of zoning adjustment, who shall sit as the board of building appeals.

(b)  The chief city building official and the city fire chief shall be advisory members of the board without vote. The city manager shall be secretary of the board.

(c)  In addition to any other duties the council may prescribe, the responsibility of the board is to hear appeals by any person as provided in Section 9-9-21, "Signs," Chapters 10-2, "Property Maintenance Code," 10-5, "Building Code," 10-6, "Electrical Code," 10-7, "Energy Conservation Code," 10-8, "Fire Code," 10-8.5, "Wildland Code," 10-9, "Mechanical Code," 10-10, "Plumbing Code," and 10-12, "Mobile Homes," B.R.C. 1981.

Ordinance Nos. 5382 (1991); 7109 (2001); 7724 (2010); 7925 (2013)

2-3-5.  Downtown Management Commission. Go to the top

(a)  The City of Boulder Downtown Management Commission consists of five members appointed by the city council for five-year terms. The commissioners who are first appointed shall be designated to serve for staggered terms, so that the term of one commissioner expires each year. A member must wait one year after terminating service to be eligible for reappointment, except for the commissioners first appointed and members reappointed after a partial term of one year or less. Three members shall be owners of taxable real or personal property located in the area contained in the Central Area General Improvement District or representatives of owners of such property. Two members shall be citizens of the city at large.

(b)  The secretary of the commission may be a member of the commission or may be a city staff member. Three members of the commission constitute a quorum. An affirmative vote of at least three members is necessary to authorize any action of the commission.

(c)  Annually, the commission shall select a chair and a vice-chair from among its members. The commission may appoint such subcommittees and task forces as it deems appropriate. The commission shall consult regularly with the city manager in all matters relating to employees performing services for the commission. The manager shall be the appointing authority and shall determine the qualifications, duties, performance evaluation, and compensation of all employees performing services for the commission, after receiving the advice of the commission. The manager shall appoint an executive director of the commission to coordinate its functions. The commission shall utilize the services of the city attorney for such legal services as it may require, subject to the provisions of charter section 85, "City attorney," concerning appointment of special counsel by the city council.

(d)  The functions of the commission are to:

(1)  Exercise, subject to call up by the city council acting as the Board of Directors of the Central Area General Improvement District as provided in Subsection (e) of this section, and subject to the limitations of Subsection (f) of this section, the following powers of said Board of Directors in furthering the purposes specified in Ordinance No. 3644 (1970), as amended, to provide parking and related improvements for CAGID:

(A)  Acquisition, construction, installation, maintenance, operation, improvement, and repair of the improvements of CAGID and of all property, rights, and interests incidental or appurtenant thereto;

(B)  Management, control, and supervision of all of the business affairs of CAGID and the installation, construction, operation, replacement, maintenance, repair, and improvement of the property and improvements of CAGID;

(C)  Determination, imposition, redetermination and revision of a schedule of user charges for the use of the parking facilities provided or furnished by CAGID, as well as the determination of reasonable penalties, interest, collection costs and other charges for delinquencies in payment of such charges, following the procedures of subsections 8-4-15(c), (e) and (f), B.R.C. 1981, in so doing, but nothing in this section shall authorize the commission to set the times or rates for on-street metered parking, or the fines or penalties for parking infractions specified in chapter 7-6, "Parking Infractions," B.R.C. 1981;

(D)  Hearing appeals pursuant to subsection 8-4-16(b), B.R.C. 1981;

(E)  Acceptance of responsibility to maintain and repair public property located in but not owned by CAGID that is beneficial to the purposes of CAGID;

(F)  Contracting with the city to administer CAGID's program and operations;

(G)  Copyrighting designs used for or by CAGID;

(H)  Leasing district parking facilities, including, without limitation, retail space, but no such lease shall be valid if tax free bonds of CAGID for the construction or acquisition of the facility are still outstanding and such lease would imperil tax free status;

(2)  Perform the duties of an advisory committee to the city council acting as the CAGID Board of Directors as specified in subsection 8-4-10(c), B.R.C. 1981;

(3)  Exercise all powers given it by chapter 4-11, "Mall Permits and Leases," B.R.C. 1981;

(4)  Function as an advisory body to the city council in the consideration or implementation of any downtown development authority or urban renewal authority having jurisdiction over any part of the Central Area General Improvement District.

(5)  In addition, the commission shall be permitted, to the extent budgeted, to expend funds appropriated to the commission for maintenance of data concerning and for promotion of events in CAGID. This power shall include, without limitation, coordination of efforts of merchants and property owners and promotion of common plans of action and facilitation of transportation, parking, urban design, communications and quality of life improvements in CAGID. However, the commission shall not engage in any anticompetitive practice or discourage any person from locating any legal business in any particular place.

(e)  Upon taking action, the commission shall forward a copy of its action to the city council, including the nature of the action and the reasons for taking it and any conditions that the commission has imposed. Such action shall take effect as provided by the commission. At the next council meeting held at least five days after delivery of the action to all council members, the council may call up the action for de novo review, consideration or hearing, which constitutes a revocation of the action. At the review, consideration or hearing held on the action, which shall be at the next meeting of the council unless the council by motion determines otherwise, the council shall make a final decision concerning what action shall be taken.

(f)  The commission shall recommend to the city manager and the city council, and the council shall approve, a line item budget. Subject to city purchasing procedures, the commission may authorize expenditures within such line items, including, without limitation, contracts for services. The commission may not make any budgetary appropriation or encumbrance and shall not incur any debt or purchase or initiate construction of any parking, and all such matters are left in the full discretion of the city council. In the event that the commission desires at any time to cease utilizing the services of the city for any purposes for which it has contracted for such services, it will present such issue to the city council for final determination.

(g)  The commission is authorized to issue subpoenas only in quasi-judicial proceedings.

Ordinance Nos. 4806 (1984); 5085 (1987); 5453 (1992)

2-3-6.  Human Relations Commission. Go to the top

(a)  The City of Boulder Human Relations Commission consists of five members appointed by the city council for five-year terms, or as long a lesser term as possible in staggering the terms, and includes as much as practicable members reflecting the various social, economic, ethnic, racial and religious segments of the city.

(b)  Repealed.

(c)  The functions of the commission are to foster mutual respect and understanding and to create an atmosphere conducive to the promotion of amicable relations among all members of the city's community, to serve as a vehicle through which citizens can convey their suggestions on city policies with respect to social problems, to be sensitive to the social needs of citizens and to advise and assist the city government in relating human and social services to the needs of the city residents. In addition to other tasks that the city council may assign to it, the commission shall:

(1)  Study, prepare and recommend to the council a plan of long and short range priorities and specific legislation or programs to alleviate problems of human relations including programs administered by the city to promote better human relations;

(2)  Upon request of the council or the city manager or upon its own initiative, advise the council or manager on the social and human relations impact of proposals to be acted upon by the council or upon areas to which the council's attention should be directed;

(3)  Develop and conduct programs and activities, alone or in cooperation with government agencies or community groups, designed to increase good will among citizens of the city, eliminate discrimination and open new opportunities for all citizens in all phases of community life;

(4)  Hold hearings and issue orders as provided in chapter 12-1, "Prohibition of Discrimination in Housing, Employment and Public Accommodations," B.R.C. 1981;

(5)  Advise, coordinate and consult with the city manager on programs and activities concerning the city's department of housing and human services and the human rights ordinance, chapter 12-1, "Prohibition of Discrimination in Housing, Employment and Public Accommodations," B.R.C. 1981, and complement and assist those programs and activities;

(6)  Conduct public hearings and inquire into incidents of division and conflict on issues of human relations and attempt to correct them by issuing public reports and recommending to appropriate agencies, public and private, implementation of actions necessary or helpful to eliminate such division and conflict; and

(7)  Consider, investigate, study and make recommendations regarding any contemplated or proposed action by any federal, state or municipal government, or any agency or instrumentality thereof, that may have an effect on human relations in the community.

Ordinance Nos. 4879 (1985); 4805 (1984); 5099 (1988)

2-3-7.  Landmarks Board. Go to the top

(a)  The City of Boulder landmarks board consists of five members appointed by the city council for five-year terms, two of whom are architectural or urban planning professionals and three of whom may be chosen without limitation. The planning board shall appoint one of its members to attend the landmarks board meeting without a vote and advise the landmarks board.

(b)  The board's responsibilities are:

(1)  To initiate designations of landmarks and historic districts;

(2)  To hold public hearings on proposed designation of landmarks and historic districts and approve, modify or disapprove such proposals;

(3)  To hold public hearings on applications for landmark alteration certificates and approve, modify or disapprove the applications; and

(4)  To approve structures of historical, architectural or aesthetic merit and to encourage the protection, enhancement, perpetuation and use of any such structures.

(c)  The board is not authorized to issue subpoenas.

(d)  The mayor, with the consent of the city council, may appoint former board members as alternates to hear matters under chapter 9-11, "Historic Preservation," B.R.C. 1981, when the mayor finds that there is a conflict of interest under chapter 2-7, "Code of Conduct," B.R.C. 1981. An alternate board member may be appointed pursuant to the following standards and procedures:

(1)  The board member with the conflict of interest shall inform the board at a meeting prior to the meeting when the item where such conflict exists is to be considered;

(2)  If the board finds it necessary to appoint an alternate board member as set forth above, the board shall request that the mayor appoint an alternate member from among the former members of the board; and

(3)  The alternate board members shall only be authorized to act upon the matters that have been requested by the full board.

Ordinance No. 5712 (1995); 7522 (2007)

2-3-8.  Library Commission. Go to the top

(a)  The library commission of the City of Boulder consists of five members appointed by the city council for five-year terms.

(b)  The functions of the commission are under the direction of the city manager to control the operations of the public library, leases of grounds or buildings for library purposes, administration of books and other resources entrusted to the library and management and custody of real and personal property acquired by loan, purchase, lease, gift, devise or bequest for the library.

(c)  The commission is authorized to:

(1)  Make and enforce all rules and regulations for the administration, government and protection of the library and all real and personal property belonging thereto or loaned or leased thereto;

(2)  Administer any trust created for the library;

(3)  Define powers and prescribe duties of all officers and employees of the library;

(4)  Borrow, lease, purchase and accept books, journals, publications, supplies and equipment for the library;

(5)  Order payment from library funds for any liability or authorized expenditure of the library;

(6)  Establish library branches and reading rooms meeting the needs of the city; and

(7)  Make annual reports to the city council, including a statement of the number of books and periodicals on hand, the number of visitors and such other information as the city manager may request.

(d)  The commission is not authorized to issue subpoenas.

2-3-9.  Open Space Board of Trustees. Go to the top

(a)  Creation of the Open Space Board of Trustees: There shall be an open space board of trustees consisting of five members appointed by the city council for five-year terms. The members of the board shall be residents of the city, shall not hold any other office in the city and shall serve without pay.

(b)  Functions of the Board: The open space board shall not perform any administrative function unless expressly provided in this code. The board:

(1)  Shall make recommendations to the city council concerning any proposed disposal of open space lands pursuant to subsection (e) of this section;

(2)  Shall make recommendations to the city council concerning any expenditure or appropriation from the open space fund pledged pursuant to the vote of the electorate on November 7, 1967, November 7, 1989 and November 4, 1997 or proceeds of property acquired with the assets of the fund;

(3)  Shall make recommendations to the city council concerning any land that is to be placed under the direction, supervision or control of the department of open space and mountain parks, including, without limitation, recommendations concerning use policies on, planned uses of and restrictions on uses of, open space land;

(4)  Shall make recommendations to the city council concerning the open space program;

(5)  Shall review the open space elements of the Boulder Valley Comprehensive Plan and make recommendations concerning any open space related changes to the plan;

(6)  Shall pursue vigorously the implementation of the open space elements of the Boulder Valley Comprehensive Plan and the acquisition of additional property required to fulfill the goals of the open space program;

(7)  Shall review the city manager's proposed budget as it relates to open space matters and submit its recommendations concerning said budget to the city council;

(8)  Shall make recommendations concerning the grant or denial of any nonexclusive license or permit in or on open space land;

(9)  Shall make recommendations concerning the incurring of any indebtedness payable from the open space fund, pursuant to charter section 97; and

(10)  May prepare and submit to the city council, the city manager or the open space and mountain parks department recommendations on any other matter relating to the open space program, and may request and obtain from the open space and mountain parks department and the city manager information relating thereto.

(c)  Board Recommendations: The city council, the city manager and the open space and mountain parks department shall not act on any of the matters set forth in paragraphs (b)(1) through (b)(9) of this section without securing a recommendation from the board as above provided; however, the council, the manager and the department may act on the matters set forth in paragraphs (b)(2) through (b)(9) of this section without a board recommendation if the board fails to submit its recommendation within thirty days after request therefor is made by the council.

(d)  Open Space Purposes - Open Space Land: Open space land shall be acquired, maintained, preserved, retained and used only for the following purposes:

(1)  Preservation or restoration of natural areas characterized by or including terrain, geologic formation, flora or fauna that are unusual, spectacular, historically important, scientifically valuable or unique or that represent outstanding or rare examples of native species;

(2)  Preservation of water resources in their natural or traditional state, scenic areas or vistas, wildlife habitats or fragile ecosystems;

(3)  Preservation of land for passive recreational use, such as hiking, photography or nature studies, and, if specifically designated, bicycling, horseback riding or fishing;

(4)  Preservation of agricultural uses and land suitable for agricultural production;

(5)  Utilization of land for shaping the development of the city, limiting urban sprawl and disciplining growth;

(6)  Utilization of nonurban land for spatial definition of urban areas;

(7)  Utilization of land to prevent encroachment on floodplains; and

(8)  Preservation of land for its aesthetic or passive recreational value and its contribution to the quality of life of the community.

Open space land may not be improved after acquisition unless such improvements are necessary to protect or maintain the land or to provide for passive recreational, open agricultural or wildlife habitat use of the land.

(e)  Disposal of Open Space Land:

(1)  No open space land owned by the City may be sold, leased, traded or otherwise conveyed, nor may any exclusive license or permit on such open space land be given, until approval of such disposal by the city council. Such approval may be given only after approval of such disposal by the affirmative vote of at least three members of the open space board of trustees after a public hearing held with notice published at least ten days in advance in a newspaper of general circulation in the City, giving the location of the land in question and the intended disposal thereof. No open space land owned by the City shall be disposed of until sixty days following the date of city council approval of such disposal. If, within such sixty-day period, a petition meeting the requirements of charter section 45 and signed by registered electors of the City to the number of at least five percent of the registered electors of the City as of the day the petition is filed with the city clerk, requesting that such disposal be submitted to a vote of the electors, such disposal shall not become effective until the steps indicated in charter sections 46 and 47 have been followed.

(2)  This section shall not apply to agricultural leases for crop or grazing purposes for a term of five years or less.

(3)  This section is to be construed liberally in favor of providing opportunities for the citizens of the City to refer measures proposing the disposal of any open space land.

(4)  In making recommendations to the city council regarding acquisition or disposition of open space land, the board shall consider the purposes set forth in subsection (d) of this section and the following:

(A)  The land use goals of the City;

(B)  The quality of life of the residents of the City;

(C)  Land as a finite resource with limited carrying capacity; and

(D)  The potential cost to the City of the land after its acquisition or disposition.

Ordinance No. 7291 (2003)

2-3-10.  Parks and Recreation Advisory Board. Go to the top

(a)  The City of Boulder Parks and Recreation Advisory Board consists of seven members, appointed by the city council for five-year terms.

(b)  The city manager shall serve as secretary to the board.

(c)  Four members of the board constitute a quorum. The board may only act on an affirmative vote of at least a majority of all members present at a meeting. Three members of the board may call a special meeting.

(d)  The board's functions are:

(1)  To approve or disapprove proposals concerning the disposal of park lands and forward such recommendations to the city council;

(2)  To approve or disapprove expenditures or appropriations from the permanent park and recreation fund and forward such recommendations to the city council;

(3)  To make recommendations to the council concerning the grant or denial of any license or permit in or on park lands;

(4)  To make recommendations to the council concerning protection and maintenance of park lands;

(5)  To review the city manager's proposed annual budget relating to parks and recreation matters and submit its recommendations concerning that budget to the council;

(6)  At the request of the council, the city manager or the department of parks and recreation, to prepare and submit to the council, manager or department, recommendations on any additional park and recreation matters; and

(7)  To request information and recommendations from the department of parks and recreation pursuant to the provisions of charter section 155.

(e)  The board is not authorized to issue subpoenas.

Ordinance No. 5039 (1987)

2-3-11.  Planning Board. Go to the top

(a)  The City of Boulder Planning Board consists of seven members appointed by the city council for five-year terms.

(b)  The secretary of the board may be a member of the board or may be the city manager.

(c)  Four members of the board constitute a quorum. An affirmative vote of at least four members is necessary to authorize any action of the board.

(d)  The chair and at least two members may call special meetings.

(e)  The board's functions are those established in the charter, this code and other ordinances of the City, including, without limitation:

(1)  To review and approve or disapprove changes to the Boulder Valley Comprehensive Plan;

(2)  To review and recommend to the city council regarding proposed historic districts as prescribed by section 9-11-5, "Landmarks Board Designation Public Hearing," B.R.C. 1981;

(3)  To review and recommend to the city council regarding the City's capital improvements plan; and

(4)  To perform all the functions prescribed by title 9, "Land Use Code," B.R.C. 1981.

(f)  The mayor, with the consent of the city council, may appoint former board members as alternates to hear matters under title 9, "Land Use Code," B.R.C. 1981, when the mayor finds that there will be an absence due to an appearance of impropriety or a conflict of interest under chapter 2-7, "Code of Conduct," B.R.C. 1981, or due to an anticipated absence of a board member. An alternate board member may be appointed pursuant to the following standards and procedures:

(1)  The board member with the conflict of interest, a recusal because of an appearance of impropriety or anticipated absence shall inform the board at a meeting prior to the meeting when the item where such conflict or recusal exists is to be considered or the time of an anticipated absence;

(2)  If the board or chair finds it necessary to appoint an alternate board member as set forth above, the board or chair shall request that the mayor appoint an alternate member from among the former members of the board; and

(3)  The alternate board member shall only be authorized to act upon the matters that have been requested by the full board or chair and authorized by the mayor.

Ordinance Nos. 4803 (1984); 7827 (2012); 7845 (2012)

2-3-12.  Board of Zoning Adjustment and Building Appeals. Go to the top

(a)  The City of Boulder Board of Zoning Adjustment and Building Appeals consists of five members appointed by the city council for five-year terms.

(b)  The board's functions are to:

(1)  Review and decide at the request of any interested person, any question of interpretation by the city manager of section 9-6-1, "Schedule of Permitted Land Uses," or 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981;

(2)  Hear and decide to grant or deny applications for variances from the setback requirements of section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, and the size and parking setback requirements for accessory dwelling units of subparagraph 9-6-3(a)(2)(B), B.R.C. 1981;

(3)  Hear and decide referrals from the planning department or appeals from applicants or interested parties regarding changes or expansion in nonconforming buildings or lots, as provided in section 9-2-14, "Site Review," B.R.C. 1981;

(4)  Hear and decide applications for exceptions under the solar access ordinance, section 9-9-17, "Solar Access," B.R.C. 1981;

(5)  Hear and decide appeals of orders from the city manager under the sign code, section 9-9-21, "Signs," B.R.C. 1981;

(6)  Hear and decide appeals of alterations and modifications related to mandatory green building practices and green points awards under section 10-7.5-5, "Alteration or Modification," B.R.C. 1981;

(7)  Sit as the Board of Building Appeals pursuant to section 2-3-4, "Board of Building Appeals," B.R.C. 1981; and

(8)  Hear and decide such other matters as the city council may by ordinance provide.

Ordinance Nos. 4803 (1984); 5034 (1987); 7109 (2001); 7565 (2007)

2-3-13.  Firefighters' Pension Fund Board of Trustees. Go to the top

(a)  The City of Boulder Firefighters' Pension Fund Board of Trustees consists of the mayor, the chief financial officer, an appointee by the city council for a three-year term, and three members of the fire department hired before April 8, 1978, elected for a term of three years by the members of the fire department hired before April 8, 1978. The board shall elect from its members a president and a secretary.

(b)  The board's functions are:

(1)  To supervise the City's and firefighters' contributions to the fund and the investment of all monies in the fund;

(2)  To hear and decide all applications for relief or pensions from the fund.

(c)  The decision of the board on such contributions and applications for relief or pensions is final and conclusive, unless the board grants a rehearing in a particular case.

(d)  The board need not hold monthly meetings.

(e)  Four members of the board constitute a quorum, and the board shall only act on an affirmative vote of at least four members.

(f)  The chief financial officer is ex officio treasurer of the board.

(g)  The board shall make all necessary rules and regulations for managing and discharging its duties and for its own government and procedure and for the preservation and protection of the fund.

(h)  A record of all matters coming properly before the board shall be kept and preserved.

Ordinance Nos. 4995 (1986); 7799 (2012); 7838 (2012)

2-3-14.  Transportation Advisory Board. Go to the top

(a)  The City of Boulder Transportation Advisory Board consists of five members appointed by the city council for five-year terms.

(b)  The responsibilities of the board are:

(1)  To advise the city manager, the planning board and the city council concerning any transportation matter, except as set forth in subsection (c) of this section.

(2)  To review all city transportation environmental assessments and capital improvements.

(3)  To review, monitor and propose changes to the Transportation Master Plan for the Boulder Valley, including, without limitation, policies for automobiles, pedestrians, bicycles, transit, parking and greenways.

(4)  To work with individual citizens, neighborhood groups and transportation staff to develop and recommend criteria by which to guide neighborhood traffic mitigation projects.

(5)  To advise the city council and the planning board concerning alternative transportation programs and to track the modal shift goal of the transportation master plan.

(6)  To review and provide recommendations to the city manager concerning policy issues on operating programs, including, without limitation, traffic engineering, parking and alternative transportation.

(c)  The board shall not involve itself in any review under the land use regulation, title 9, "Land Use Code," B.R.C. 1981, unless its opinion is requested by the city council.

(d)  Prior to making any recommendation, the board shall hold a public hearing.

(e)  The board is not authorized to issue subpoenas.

Ordinance Nos. 5216 (1989); 5506 (1992)

2-3-15.  Water Resources Advisory Board. Go to the top

(a)  The City of Boulder Water Resources Advisory Board consists of five members appointed by the city council for five-year terms.

(b)  The responsibilities of the board are to advise the city manager, the planning board and the city council concerning the following water resources matters managed by the utilities division:

(1)  To review all environmental assessments and capital improvements conducted or proposed by the utilities division.

(2)  To review, monitor and propose changes to the City's raw water, treated water, wastewater and flood control master plans.

(3)  To review and provide recommendations to the city manager concerning policy issues on operating programs, including, without limitation, water conservation, water treatment plant residuals, wastewater treatment plant biosolids disposal and water quality.

(c)  The board shall not involve itself in any review under the land use regulation, title 9, "Land Use Code," B.R.C. 1981, unless its opinion is requested by the city council.

(d)  Prior to making any recommendation, the board shall hold a public hearing.

(e)  The board is not authorized to issue subpoenas.

Ordinance Nos. 5516 (1992); 5789 (1996)

2-3-16.  Environmental Advisory Board. Go to the top

(a)  The City of Boulder Environmental Advisory Board consists of five members appointed by the city council for five-year terms.

(b)  The responsibilities of the board are:

(1)  To advise the city council and the city manager concerning waste management and recycling, energy efficiency, environmental risks and pollution control, except as already assigned to other boards and commissions.

(2)  To advise the city council concerning an appropriate advocacy role for the City in state, regional and federal environmental matters.

(3)  To advise the affected board and the city council concerning the effects on the environment of any proposed city master plan or revision.

(c)  The board shall not become involved in an environmental issue not specified by subsection (b) of this section except as authorized by the city council.

(d)  The board shall not involve itself in any review under the land use regulations, title 9, "Land Use Code," B.R.C. 1981, unless its opinion is requested by the city council.

(e)  The board shall not become involved in city environmental assessments unless requested to do so by the city council.

(f)  Prior to making any recommendation, the board shall hold a public hearing.

(g)  The board is not authorized to issue subpoenas.

Ordinance No. 5505 (1992)

2-3-17.  City of Boulder Public Access and Educational Channel Advisory Commission. Go to the top

Repealed.

Ordinance Nos. 5705 (1995); 5859 (1997)

2-3-18.  Design Advisory Board. Go to the top

(a)  The City of Boulder Design Advisory Board consists of five members appointed by the city council for five-year terms, at least two of whom are design professionals and three of whom may be chosen without limitation. The purpose of the board is to encourage thoughtful, well-designed development projects that are sensitive to the existing character of an area or the character established by adopted design guidelines or plans for the area.

(b)  The board's functions are to:

(1)  Review projects for compliance with the most recent Downtown Urban Design Plan, and provide comments to persons responsible for designing and developing downtown projects having a valuation of $25,000.00 or more involving the construction of a new building or exterior work on an existing building;

(2)  Review projects for compliance with the most recent Downtown Urban Design Plan and provide comments to persons responsible for designing, developing and approving downtown projects that require a discretionary development review, pursuant to chapter 9-2, "Review Processes," B.R.C. 1981; and

(3)  Advise and make recommendations for approval or disapproval of amendments to the most recent Downtown Urban Design Plan to the planning board, the city manager and the city council.

(c)  The board shall use the guidelines set forth in the most recent Downtown Urban Design Plan to review projects in those areas described on the "Downtown Area Map" as the historic commercial area, the non-historic downtown area and the interface area.

(d)  Projects that require a review by the landmarks board are exempt from a review by the Design Advisory Board.

(e)  The board shall not involve itself in any review under title 8, "Parks, Open Space, Streets and Public Ways," 9, "Land Use Code," or 10, "Structures," B.R.C. 1981, unless its opinion is requested by the city manager, planning board or city council. The purpose of such review is to encourage thoughtful, well-designed development projects that are sensitive to the existing character of an area or the character established by adopted design guidelines or plans for the area.

(f)  Prior to making any recommendation, the board shall hold a public hearing.

(g)  The board is not authorized to issue subpoenas.

Ordinance Nos. 5963 (1998); 7788 (2011)

2-3-19.  Resident Commissioner for the Housing Authority. Go to the top

Pursuant to 29-4-205, C.R.S., the city council is permitted to provide for the appointment of commissioners of the Housing Authority of the City of Boulder, also known as Boulder Housing Partners. One of such commissioners is required by federal regulation3 to represent the residents of Housing Authority facilities, and it is preferable that the Resident Commissioner be elected by the residents of Housing Authority facilities. Accordingly, the city council hereby designates the President of the Resident Representative Council of the Housing Authority, certified from time to time by the Board of Commissioners of the Housing Authority, as the Resident Representative Commissioner member of the Board of Commissioners. The city council further determines that Resident Commissioner should serve for whatever term such person serves as President of the Resident Representative Council, notwithstanding the five-year staggered terms served by other Housing Authority Commissioners. The city council hereby limits the participation of the Resident Commissioner in matters before the Board of Commissioners to public housing and section 84 matters, not involving the management of the housing development in which such person resides. The President of the Resident Representative Council may designate any officer of the council to act as an alternate Resident Commissioner when the President is unable to attend Housing Authority meetings.

Ordinance No. 7218 (2002)

2-3-20.  University Hill Commercial Area Management Commission.5 Go to the top

(a)  The City of Boulder University Hill Commercial Area Management Commission ("Commission,") consists of five members appointed by the city council for five-year terms. The commissioners who are first appointed shall be designated to serve for staggered terms, so that the term of one commissioner expires each year. A member must wait one year after terminating service to be eligible for reappointment, except for the commissioners first appointed and members reappointed after a partial term of one year or less. Three members shall be owners of taxable real or personal property located in the area contained in the University Hill General Improvement District ("UGHID") or representatives of owners of such property. Two members shall be citizens of the City at large.

(b)  The secretary of the Commission may be a member of the Commission or may be a city staff member. Three members of the Commission constitute a quorum. An affirmative vote of at least three members is necessary to authorize any action of the Commission.

(c)  Annually, the Commission shall select a chair and a vice-chair from among its members. The Commission may appoint such subcommittees and task forces as it deems appropriate. The manager shall appoint an executive director of the Commission to coordinate its functions. The Commission shall utilize the services of the city attorney for such legal services as it may require, subject to the provisions of charter section 85, "City attorney," concerning appointment of special counsel by the city council.

(d)  The functions of the Commission are to provide recommendations to:

(1)  City council acting as the Board of Directors of the UHGID in furthering the purposes specified in Section 8-4-11, "Powers of the District," B.R.C. 1981, Ordinance Numbers 3638, 4299 and 4958, as amended, to provide parking and related improvements for UHGID as follows:

(A)  Acquisition, construction, installation, maintenance, operation, improvement and repair of the improvements of UHGID and of all property, rights and interests incidental or appurtenant thereto;

(B)  Management, control and supervision of all of the business affairs of UHGID and the installation, construction, operation, replacement, maintenance, repair and improvement of the property and improvements of UHGID;

(C)  Determination, imposition, re-determination and revision of a schedule of user charges for the use of the parking facilities provided or furnished by UHGID, as well as the determination of reasonable penalties, interest, collection costs and other charges for delinquencies in payment of such charges, following the procedures of subsections 8-4-15(c), (e) and (f), B.R.C. 1981, in so doing, but nothing in this section shall authorize the Commission to set the times or rates for on-street metered parking, or the fines or penalties for parking infractions specified in Chapter 7-6, "Parking Infractions," B.R.C. 1981;

(D)  Leasing district parking facilities, including, without limitation, retail space, but no such lease shall be valid if tax-free bonds of UHGID for the construction or acquisition of the facility are still outstanding and such lease would imperil tax-free status; and

(E)  A general description of the improvements to be constructed and installed within UHGID or outside the district for the special benefit of UHGID as follows: a general parking program to provide parking, pedestrian, bicycles, mass transit, aesthetic and related improvements for the district area, which may include, but shall not be limited to:

(i) Parking and off-street parking facilities;

(ii) Acquisition or lease of necessary land or interests therein, and improvements thereto in connection with said facilities both within and outside the district;

(iii) Other incidental and appurtenant facilities and improvements designed to improve parking and improve the convenience of the district area;

(iv) Pedestrian and bicyclist amenities, including benches, trees, landscaping, bike racks, signage, banners and trash receptacles;

(v) Improvements to increase the attractiveness and convenience of the district;

(vi) Incentive programs to encourage use of means of transportation to and from the district other than the under-occupied private automobiles; and

(vii) Maintenance of any of the above-described types of facilities and improvements located in the public right of way within the district.

(2)  Perform the duties of an advisory committee to the city council acting as the UHGID Board of Directors as specified in Section 8-4-10, "Advisory Committee," B.R.C. 1981.

(3)  Function as an advisory body to the city council acting as the UHGID Board of Directors in the consideration or implementation of any "Downtown Development Authority," as that term is defined in 31-25-801, et seq., C.R.S., or "Urban Renewal Authority," as that term is defined in 31-25-101, et seq., C.R.S., or related entity having jurisdiction over any part of the UHGID.

(4)  In addition, the Commission shall undertake an advisory role to the city council regarding the overall health and welfare of the University Hill Commercial Area and immediately adjacent areas, including the following:

(A)  Make recommendations for the creation and maintenance of data, studies and information concerning the University Hill Commercial Area in order to support and enhance the sustainability of UHGID and the University Hill Commercial Area. This power shall include, without limitation, coordination of collaborative efforts with University Hill Commercial Area merchants, business and property owners as well as other University Hill stakeholders including residents, students and the University of Colorado in the promotion of common plans of action and related to: transportation, parking, urban design, economic vitality, promotional activities, communications and quality of life improvements in UHGID and the University Hill Commercial Area;

(B)  The Commission shall not recommend any anti-competitive practice or discourage any person from locating any legal business in any particular place;

(C)  Advise on the overall vitality of the University Hill Commercial Area, including, but not limited to, overall area marketing and economic vitality initiatives and events promoting the area;

(D)  Include consideration of the long-term future and sustainability of the University Hill Commercial Area; and

(E)  Make recommendations regarding vending carts as per Section 4-18-4, "University Hill Mobile Vending Cart Permit," B.R.C. 1981.

(e)  The Commission shall recommend a budget to the city manager, the city council and the city council acting as the UHGID Board of Directors. City council may approve such budget. The Commission may not make any budgetary appropriation or encumbrance and shall not incur any debt or purchase or initiate construction of any parking, and all such matters are left in the full discretion of the city council.

(f)  For the purposes of this section, "University Hill Commercial Area" means the area as defined in Ordinance Numbers 3638, 4299 and 4958, and generally bounded by the south side of University Avenue, the west side of Broadway, the west side of 14th Street from College to the southern end of the UHGID-owned parking lot, the south side of College Avenue, the alley between 12th Street and 13th Street, including the pedestrian underpass at College Avenue and as illustrated on the map entitled "University Hill Commercial Area" incorporated into Ordinance Number 7579 as Exhibit A.

(g)  "University Hill General Improvement District" or "UHGID" means the City of Boulder University Hill General Improvement District established by Ordinance Number 3638, as subsequently amended.

Ordinance No. 7579 (2008)

2-3-21.  Boulder Junction TDM Commission. Go to the top

(a)  The commissioners of the initial commission shall be the five persons designated in the petition forming the Boulder Junction Access General Improvement District - TDM ("District" or "BJAGID - TDM") to serve for the stated terms. After the expiration of the terms of the initial commission, commissioners shall be appointed for five-year terms by the city council acting as the board of directors. The Boulder Junction Parking Commission shall consist of five members. One ex officio nonvoting member may be appointed by the city manager as provided below. After a second term, a member must wait one year after service to be eligible for reappointment, except for the commissioners first appointed and members reappointed after a partial term of one year or less. Except for the initial commission, three members of the commission shall be owners of taxable real or personal property located in the area contained in the District or representatives of owners of such property and not required to be city electors. Two members shall be city electors, whether residing inside or outside of the district boundaries. So long as the City owns real property within the district boundary, other than property used by the District for the purposes of the District, and as a result is a real property owner similarly situated to other property owners in the District, there may be one ex officio nonvoting member appointed by the city manager to represent the interests of the City regarding such property.

(b)  The secretary of the commission may be a member of the commission or may be a city staff member. Three members of the commission constitute a quorum. An affirmative vote of at least three members is necessary to authorize any action of the commission.

(c)  Annually, the commission shall select a chair and a vice-chair from among its members. The commission may appoint such subcommittees and task forces as it deems appropriate. The commission shall consult regularly with the city manager ("manager") in all matters relating to employees performing services for the commission.

(d)  The city manager is the ex officio general manager of the District and is responsible for the executive, operational and administrative functions of the District, including, without limitation, the following:

(1)  To manage, control and supervise all of the business affairs of the District, including, without limitation, installation, construction, operation, replacement, maintenance, repair and improvement of the property and improvements of the District and of all property, rights and interests incidental or appurtenant thereto;

(2)  To maintain and repair public property located in but not owned by the District that is beneficial to the purposes of the District;

(3)  To enter into contracts on behalf of the District;

(4)  To contract with the City to administer the District's program and operations;

(5)  To copyright, trademark or obtain other protections of designs used for or by District;

(6)  To lease district facilities, including, without limitation, retail space; and

(7)  To perform any such other duties and as may be required by the board of directors or by applicable law.

(e)  The functions of the commission are to make decisions or provide recommendations of said board of directors in furthering the purposes of the District, as specified herein and in the petition to provide alternative modes of transportation related services and improvements for the District, including, without limitation, the following:

(1)  Exercise, subject to call up by the city council acting as the board of directors of the District, the following functions:

(A)  To authorize the general manager to acquire property and construct improvements of the District;

(B)  To determine, impose, re-determine and revise a schedule of user charges for the use of the services and improvements provided or furnished by the District, as well as the determination of reasonable penalties, interest, collection costs and other charges for delinquencies in payment of such charges, following the procedures of subsections 8-4-15(c), (e) and (f), B.R.C. 1981. Nothing in this section shall authorize the commission to set the times or rates for on-street metered parking, or the fines or penalties for parking infractions specified in chapter 7-6, "Parking Infractions," B.R.C. 1981;

(D)  To hear appeals pursuant to subsection 8-4-16(b), B.R.C. 1981;

(E)  To accept responsibility to maintain and repair public property located in but not owned by the District that is beneficial to the purposes of the District.

(F)  To include or exclude property from the district boundaries pursuant to section 8-4-24, "Inclusion and Exclusion of Additional Property in District," B.R.C. 1981, subject to Section VIII.C(1) and (2) of the district petition, which section requires either a PILOT agreement or cooperation agreement upon inclusion and addresses how properties outside of the boundary are considered, and within the area defined in Phase One of the Transit Village Area Plan adopted on September 18, 2007.

Upon taking action, the commission shall forward a copy of its action to the city council, including the nature of the action and the reasons for taking it and any conditions that the commission has imposed. Such action shall take effect as provided by the commission.

At the next council meeting or the next meeting thereafter held at least five days after delivery of the action to all council members, the council may call up any action set forth in this paragraph (e)(1) other than subparagraph (e)(1)(F) for de novo review, consideration or hearing, which constitutes a revocation of the action. At the review, consideration or hearing held on the action, which shall be scheduled by the council, the council shall make a final decision concerning what action shall be taken.

(2)  Property taxes: The maximum mil levy authorized by the votes of the District is 20 mils. The mil levy authorized is higher than it is anticipated will be necessary for the services of the District unless it is determined that the District should construct improvements or issue debt. The mil levy shall be set annually by the board of directors as follows:

(A)  The initial mil levy for property in the District commencing January 1, 2011, due and payable January 1, 2012, shall be 5 mils.

(B)  After January 1, 2012, the mil levy may be increased to up to 10 mils and used for the operations of the District and to develop reserve funds.

(C)  The mil levy may be increased from 10 mils and up to 20 mils if an opportunity arises for the District to participate in alternate transit modes, which may include acquiring interests in property or financing agreements, including, without limitation, issuance of debt. Prior to setting such tax in place, there shall be:

i. A public hearing before the commission; and

ii. At least three commission members affirmatively vote for such tax increase.

(3)  Authorize debt: The maximum debt authorized by the voters of the District is $2,500,000.00, at a maximum interest rate of twelve percent and a maximum repayment cost of $5,000,000.00. This amount is higher than anticipated will be necessary for the improvements. Prior to issuance of any bonds by the board of directors within such authorization, there shall be:

(A)  A public hearing before the commission; and

(B)  At least three commission members affirmatively vote in favor of incurring such debt.

(4)  Perform the duties of an advisory body to the city council acting as the district board of directors as specified in this section;

(5)  Function as an advisory body to the city council in the consideration or implementation of any overlaying taxing district or other body corporate and politic having jurisdiction over any part of the District.

(f)  The general manager shall recommend to the commission and the board of directors a line item budget. Subject to city purchasing procedures, the commission may authorize expenditures within such line items, including, without limitation, contracts for services. The commission may not make any budgetary appropriation or encumbrance and shall not incur any debt or purchase or initiate construction of any parking, and all such matters are left in the full discretion of the city council. In the event that the commission desires at any time to cease utilizing the services of the City for any purposes for which it has contracted for such services, it will present such issue to the city council for final determination.

(g)  The commission is authorized to issue subpoenas only in quasi-judicial proceedings.

(h)  At any time during the life of the BJAGID - Parking and BJAGID - TDM, all or any of the commissioners may serve on both district commissions concurrently or sequentially.

Ordinance No. 7732 (2010)

2-3-22.  Boulder Junction Parking Commission. Go to the top

(a)  The commissioners of the initial commission shall be the five persons designated in the petition forming the Boulder Junction Access General Improvement District - Parking ("District" or "BJAGID - Parking") to serve for the stated terms. After the expiration of the terms of the initial commission, commissioners shall be appointed for five-year terms by the city council acting as the board of directors. The Boulder Junction Parking Commission shall consist of five members. One ex officio nonvoting member may be appointed by the city manager as provided below. After a second term, a member must wait one year after service to be eligible for reappointment, except for the commissioners first appointed and members reappointed after a partial term of one year or less. Except for the initial commission, three members of the commission shall be owners of taxable real or personal property located in the area contained in the District or representatives of owners of such property and not required to be city electors. Two members shall be city electors, whether residing inside or outside of the district boundaries. So long as the City owns real property within the district boundary, other than property used by the District for the purposes of the District, and as a result is a real property owner similarly situated to other property owners in the District, there may be one ex officio nonvoting member appointed by the city manager to represent the interests of the City regarding such property.

(b)  The secretary of the commission may be a member of the commission or may be a city staff member. Three members of the commission constitute a quorum. An affirmative vote of at least three members is necessary to authorize any action of the commission.

(c)  Annually, the commission shall select a chair and a vice-chair from among its members. The commission may appoint such subcommittees and task forces as it deems appropriate. The commission shall consult regularly with the city manager ("manager") in all matters relating to employees performing services for the commission.

(d)  The city manager is the ex officio general manager of the District and is responsible for the executive, operational and administrative functions of the District, including, without limitation, the following:

(1)  To manage, control and supervise all of the business affairs of the District, including, without limitation, installation, construction, operation, replacement, maintenance, repair and improvement of the property and improvements of the District and of all property, rights and interests incidental or appurtenant thereto;

(2)  To maintain and repair public property located in but not owned by the District that is beneficial to the purposes of the District;

(3)  To enter into contracts on behalf of the District;

(4)  To contract with the City to administer the District's program and operations;

(5)  To copyright, trademark or obtain other protections of designs used for or by the District;

(6)  To lease district facilities, including, without limitation, retail space; and

(7)  To perform any such other duties and as may be required by the board of directors or by applicable law.

(e)  The functions of the commission are to make decisions or provide recommendations to the board of directors in furthering the purposes of the District as specified herein and in the petition to provide alternative modes of transportation and parking related services and improvements for the District, including, without limitation, the following:

(1)  Exercise, subject to call up by the city council acting as the board of directors of the District, the following functions:

(A)  To authorize the general manager to acquire property and construct improvements of the District;

(B)  To determine, impose, re-determine and revise a schedule of user charges for the use of the services and improvements provided or furnished by the District, as well as the determination of reasonable penalties, interest, collection costs and other charges for delinquencies in payment of such charges, following the procedures of subsections 8-4-15(c), (e) and (f), B.R.C. 1981. Nothing in this section shall authorize the commission to set the times or rates for on-street metered parking, or the fines or penalties for parking infractions specified in chapter 7-6, "Parking Infractions," B.R.C. 1981;

(D)  To hear appeals pursuant to subsection 8-4-16(b), B.R.C. 1981;

(E)  To accept responsibility to maintain and repair public property located in but not owned by the District that is beneficial to the purposes of the District.

(F)  To include or exclude property from the district boundaries pursuant to section 8-4-24, "Inclusion and Exclusion of Additional Property in District," B.R.C. 1981, subject to Section VIII C(1) and (2) of the district petition, which section requires either a PILOT agreement or cooperation agreement upon inclusion and addresses how properties outside of the boundary are considered, and within the area defined in Phase One of the Transit Village Area Plan adopted on September 18, 2007.

Upon taking action, the commission shall forward a copy of its action to the city council, including the nature of the action and the reasons for taking it and any conditions that the commission has imposed. Such action shall take effect as provided by the commission.

At the next council meeting or the next meeting thereafter held at least five days after delivery of the action to all council members, the council may call up any action set forth in this paragraph (e)(1) other than subparagraph (e)(1)(F) for de novo review, consideration or hearing, which constitutes a revocation of the action. At the review, consideration or hearing held on the action, which shall be scheduled by the council, the council shall make a final decision concerning what action shall be taken.

(2)  Property Taxes: The maximum mil levy authorized by the voters of the District is 30 mils. The mil levy authorized is higher than it is anticipated will be necessary for the services of the District unless it is determined that the District should construct improvements or issue debt. The mil levy shall be set annually by the board of directors as follows:

(A)  The initial mil levy for property in the District commencing January 1, 2011, due and payable January 1, 2012, shall be 5 mils.

(B)  After January 1, 2012, the mil levy may be increased to up to 10 mils and used for the operations of the District, to develop reserve funds and to acquire property interests for parking.

(C)  The mil levy may be increased from 10 mils and up to 20 mils for any purpose authorized by the District. Prior to setting such tax in place, there shall be:

i. A public hearing before the commission; and

ii. At least three commission members affirmatively vote for such tax increase.

(D)  The mil levy may be increased from 20 mils and up to 30 mils to support issuance of debt of the District to acquire or develop parking facilities. Prior to setting such tax in place, there shall be:

i. A public hearing before the commission; and

ii. At least three commission members affirmatively vote for such tax increase.

iii. For purposes of this section, "parking facilities" includes acquisition of property interests, including, without limitation, purchase or lease, for temporary or permanent use as parking spaces at grade level or in a parking structure, which spaces may be available upon acquisition of the property interests or sometime in the future.

(3)  Authorize debt: The maximum debt authorized by the voters of the District is $13,000,000, at a maximum interest rate of twelve percent and a maximum repayment cost of $32,000,000. This amount is higher than anticipated will be necessary for the improvements. Prior to issuance of any bonds by the board of directors within such authorization, there shall be:

(A)  A public hearing before the commission; and

(B)  At least three commission members affirmatively vote in favor of incurring such debt.

(4)  Perform the duties of an advisory body to the city council acting as the district board of directors as specified in this section;

(5)  Function as an advisory body to the city council in the consideration or implementation of any overlaying taxing district or other body corporate and politic having jurisdiction over any part of the District.

(f)  The general manager shall recommend to the commission and the board of directors a line item budget. Subject to city purchasing procedures, the commission may authorize expenditures within such line items, including, without limitation, contracts for services. The commission may not make any budgetary appropriation or encumbrance and shall not incur any debt or purchase or initiate construction of any parking, and all such matters are left in the full discretion of the city council. In the event that the commission desires at any time to cease utilizing the services of the city for any purposes for which it has contracted for such services, it will present such issue to the city council for final determination.

(g)  The commission is authorized to issue subpoenas only in quasi-judicial proceedings.

(h)  At any time during the life of the BJAGID - Parking and BJAGID - TDM, all or any of the commissioners may serve on both district commissions concurrently or sequentially.

Ordinance No. 7731 (2010)

2-3-23.  Electric Utility Board. Go to the top

(a)  Electric Utility Board. The City of Boulder electric utility board consists of nine members not all of the same gender. The members of the board shall not hold any other office in the city and shall serve without pay.

(b)  Chair and Secretary. The board shall choose a chair and a secretary from among its members. The director of electric utilities may be designated as secretary by the board.

(c)  Regular and special meetings. The board shall have regular meetings once a month. Special meetings may be called at any time by the city manager, the chair, or four members of the board upon the giving of at least twenty-four hours' notice of said special meeting to the board members.

(d)  Quorum. Five members of the board shall constitute a quorum. An affirmative vote of a majority of the members present shall be necessary to authorize any action by the board, except as otherwise expressly provided herein.

(e)  Record of meetings. The board shall keep minutes and records of its meetings, recommendations, and decisions.

(f)  Rules of order. Except as otherwise expressly provided herein, the board shall have power to make rules for the conduct of its business.

(g)  Board member qualifications. Board members shall be qualified to serve on an advisory commission pursuant to Section 130 of the charter, customers of the electric utility, or the owners or employees of a business or governmental entity that is a customer of the electric utility; provided, however, that a majority of the board shall be qualified to serve on an advisory commission pursuant to Section 130. Board members shall be well known for their ability, probity, public spirit, and particular fitness to serve on the electric utility board. At least three board members shall be owners or employees of a business or governmental entity that is a customer of the electric utility.

(h)  Board member duties and functions. The duty of each member shall be to represent the entire utility customer base without discrimination between customer class or location and without regard to the location or class of customer or the member. The duties and functions of the electric utility board are those established in the charter, this code, and other ordinances of the city, including, without limitation:

(1)  Advice. To advise the city council on policy matters pertaining to the municipal electric and utility systems, including, without limitation, such policies as the board determines are necessary or prudent to carry out its fiduciary duties and the requirement of the charter;

(2)  Sounding Board. To act as a sounding board to the city council, city manager, and the electric utility director for the purpose of identifying the ratepayers' service delivery expectations;

(3)  Rulemaking. To adopt rules and regulations with respect to any matter within its jurisdiction as it may be permitted by the council;

(4)  Meeting Rules. To adopt bylaws governing its meeting and agenda procedures and other pertinent matters;

(5)  Budget and Appropriations. To review and make recommendations to the city council on the city manager's proposed budget and appropriation as it relates to the utility;

(6)  Revenue Bonds. To review and make recommendations to the city council concerning the issuance of revenue bonds or other obligations payable from revenues of the electric utilities enterprise;

(7)  Other Recommendations. To review and make recommendations on any other matter relating to the electric utilities program, and may request and obtain from the electric utilities department and the city manager information relating thereto.

(i)  Public Hearings. Prior to making any recommendation to the council or the city manager, the board shall hold a public hearing.

(j)  No subpoenas. The board is not authorized to issue subpoenas.

(k)  Electric utility board member appointments. The council will appoint the electric utility board prior to or concurrent with the point in time that the utility has issued bonds and is receiving revenue that will qualify it as an enterprise under Article X, Section 20 of the Colorado Constitution. Until such time as the board is appointed, the city council shall be responsible for fulfilling the responsibilities of the electric utility board.

Ordinance No. 7969 (2014)


1 Adopted by Ordinance Nos. 4629, 4651. Amended by Ordinance No. 4722. Derived from Ordinance Nos. 2548, 3280, 3521, 3712, 3750, 3814, 3940, 3950, 3967, 4000, 4168, 4169, 4170, 4171, 4276, 4437, 4504.

2 For prohibited conflicts of interest, see Chapter 2-7, "Code of Conduct," B.R.C. 1981.

3 24 C.F.R. § 964.430.

4 U.S.C.S. § 13619.

5 The University Hill Commercial Area Management Commission shall be created upon the passage of Ordinance Number 7579, but shall have no legal functions until March 20, 2008. Effective on March 20, 2008, the University Hill General Improvement District Advisory Committee is abolished and their duties transferred to the University Hill Commercial Area Management Commission.