12-1236.   Establishment of library districts; petition; agreement totransfer city property to district, when; resolution; election, notice andconduct.Any one or more cities of the third class is hereby authorized to joinwith any one or more townships or portions of one or more townships in oneor more counties in the creation of a library district, upon thepresentation to the board of county commissioners, of the county in whichsuch proposed library district is located, of a petition setting forth theboundaries of the proposed library district and requesting the formation ofsuch library district. Such petition shall be signed by not less than tenpercent (10%) of the qualified electors of said proposed district whoreside outside the limits of the incorporated city, and a like petitionsigned by not less than ten percent (10%) of the qualified electors whoreside within the corporate limits of a city of the third class within saidproposed district. The sufficiency of such petition to be determined by theboard of county commissioners, determined upon the basis of the total votecast for secretary of state in the last preceding general election withinsaid city of the third class and within the boundaries of said proposeddistrict of the township or portions of townships comprised within theproposed boundaries of said library district; and in the event a portion ofany township is within such proposed boundaries, the total vote cast forsecretary of state in said township shall be used. If the city of the thirdclass within the boundaries of said library district owns and is operatinga library at the time said petitions are filed, said petitions shall beaccompanied by a copy of a resolution adopted by the governing body of saidcity of the third class within such district; such resolution shall statethat said city of the third class agrees, upon the creation of the proposedlibrary district, to convey, assign and transfer to said library districtall books, equipment, moneys, endowment funds and all other assets of saidcity library, to and for the use of said proposed library district. Thegoverning body of such city of the third class located within said librarydistrict is hereby authorized to adopt such a resolution, and upon thecreation of said library district by the board of county commissioners thegoverning body of such city, in conformity with such resolution, is herebyauthorized to make and execute the necessary assignments and conveyances totransfer to such library district all property and assets of said citylibrary. The board of county commissioners of the county in which suchproposed library district is located shall, at its next regular meetingfollowing the filing of such petition, examine said petition and determineits sufficiency. If the board finds that said petition is regular and indue form, as herein provided, it shall cause to be submitted to the votersof such proposed district, at a special election called for the purpose ofvoting upon the question, the establishment and maintenance of a library bysuch proposed library district. A notice of such election shall be given bypublication of such notice in a newspaper having general circulation withinthe boundaries of such proposed district. Said notice of election shall bepublished in two successive issues of such newspaper and such electionshall be held within seven (7) days after the last publication of suchnotice. Such notice of election shall be signed by the board of countycommissioners and such election shall be conducted by and under thesupervision of the county clerk of said county in the manner provided bylaw for the conduct of general elections. The county clerk shall determinethe number of voting precincts needed within such proposed district, atleast one of which precincts shall be in the corporate limits of thethird-class city in said proposed library district, and shall designate andappoint the election board, or boards, to serve at the voting precinct orprecincts within such proposed library district.

      History:   L. 1965, ch. 145 § 1; L. 1969, ch. 78, § 1; July 1.