12-1220.   Same; election to establish; tax levy, use of proceeds; libraryfund established; territory of existing library excluded, when.The governing body of any municipality may by resolution, and shall,upon presentation of a petition signed by ten percent (10%) of thequalified electors of such municipality determined upon the basis of thetotal vote cast for the secretary of state at the last preceding generalelection, cause to be submitted to the voters of such municipality atthe first local or general election thereafter, or if the petition sorequires, at a special election called for that purpose, the question ofthe establishment and maintenance of a library by such municipality. Ifa majority of the votes cast at such election on such proposition shallbe in the affirmative, the governing body shall forthwith establish suchlibrary and is hereby authorized to and shall annually levy a tax forthe maintenance of such library in such sum as the library board shalldetermine within the limitations fixed by law and to pay a portion of theprincipal and interest on bonds issued under the authority of K.S.A. 12-1774,and amendments thereto, by cities located in the county.

      Such tax shall be levied and collected in like manner as other taxesof the municipality and, except for an amount to pay a portion of the principaland interest on bonds issued under the authority of K.S.A. 12-1774, andamendments thereto, by cities located in the county, shall be kept in aseparate fund to be known asthe library fund of such municipality. If the territory of themunicipality includes another municipality which is then maintaining alibrary, the proposition to establish a library by the largermunicipality shall not be voted upon by the residents of the includedmunicipality, nor shall a levy to establish or maintain such library beassessed against property therein, unless the library board andgoverning body of the included municipality shall give notice in writingthat they desire to participate in the library to be established and topay the tax for the establishment and maintenance thereof as other partsof the municipality establishing such library.

      History:   L. 1951, ch. 485, § 3; L. 1979, ch. 52, § 40; July 1.