The Regional Approach for Art, Culture and Library Services

Publication year1987
Pages1975
15 Colo.Law. 1975
Colorado Lawyer
1987.

1987, November, Pg. 1975. The Regional Approach for Art, Culture and Library Services




1975


Vol. 15, No. 9, Pg. 1975

The Regional Approach for Art, Culture and Library Services

by George Rosenberg

This article discusses the statutory methods by which local governments, through regionalization, can provide and support art, culture and library functions. These methods are: (1) by creation of a library district; (2) by intergovernmental contract; and (3) by formation of a regional service authority ("RSA"). Two key statutes, discussed below, allow for the organization of a scientific and cultural facilities district(fn1) or an RSA(fn2) anywhere in Colorado, but they specifically define the territorial requirements of a district or service authority for the metro Denver region.


Background

The need by local governments to pool resources goes beyond the basic reasons of economies of scale, cost efficiencies and the social notions of community spirit, sharing and providing for the common weal.

Almost two generations have experienced the social and political results of post-Great Depression welfare and social programs. These were administered and financed almost exclusively by the federal government. After almost fifty years of federally funded programs, the federal government has begun to withdraw from many, if not all, of these programs. Society, on the other hand, has come to expect and, in fact, demand that these services be provided on a continuing basis.

As a result, the remaining programs have been mandated without funding by the federal government. This responsibility has been handed back to the state governments; they in turn have passed the programs to the local units of government. Despite difficult economic times, statewide and regionally, local governments are required to provide more services while dealing with downturns and shortfalls in revenue and the increasing resistance by the citizenry to higher taxes. Today's taxpayer demands that government be operated as a business, consistent with sound corporate planning and management practices. In a business sense, local governments also compete in the marketplace for revenues or tax base. Thus, the same arguments of the business world for consolidation, merger, centralization, regionalization or joint venture partnerships apply equally to the business of local government.


Libraries

Colorado Library Law(fn3) controls publicly supported free library service throughout the state. Regionalization of public libraries may be accomplished under this law by the formation of a library district, a regional library service system or a metropolitan library district.

A library district is a public library established and maintained by two or more governmental units or parts thereof, and may include a multi-county library or a regional library service system. An individual library (such as a school or municipal library) within the territory to be served by a county library or library district may choose not to participate in the county library or library district. In 1983, the legislature created a hybrid of the library district, probably intended for the metro Denver region, known as a metropolitan library district.(fn4) This district can be formed by either the City and County of Denver and one or more counties, or by at least two counties. It is supported by and serves all the governmental units comprising the district, regardless of whether the constituent governmental units operate their own libraries.




1976


The major distinction between a library or metropolitan library district and a regional library service system is that the former has greater administrative and direct financial powers, whereas the latter is primarily a resource sharing system to enhance services through inter-library loans, continuing education, consulting, regional programs and administration but...

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