12-1236.Establishment of library districts; petition; agreement to
transfer city property to district, when; resolution; election, notice and
conduct.
Any one or more cities of the third class is hereby authorized to join
with any one or more townships or portions of one or more townships in one
or more counties in the creation of a library district, upon the
presentation to the board of county commissioners, of the county in which
such proposed library district is located, of a petition setting forth the
boundaries of the proposed library district and requesting the formation of
such library district. Such petition shall be signed by not less than ten
percent (10%) of the qualified electors of said proposed district who
reside outside the limits of the incorporated city, and a like petition
signed by not less than ten percent (10%) of the qualified electors who
reside within the corporate limits of a city of the third class within said
proposed district. The sufficiency of such petition to be determined by the
board of county commissioners, determined upon the basis of the total vote
cast for secretary of state in the last preceding general election within
said city of the third class and within the boundaries of said proposed
district of the township or portions of townships comprised within the
proposed boundaries of said library district; and in the event a portion of
any township is within such proposed boundaries, the total vote cast for
secretary of state in said township shall be used. If the city of the third
class within the boundaries of said library district owns and is operating
a library at the time said petitions are filed, said petitions shall be
accompanied by a copy of a resolution adopted by the governing body of said
city of the third class within such district; such resolution shall state
that said city of the third class agrees, upon the creation of the proposed
library district, to convey, assign and transfer to said library district
all books, equipment, moneys, endowment funds and all other assets of said
city library, to and for the use of said proposed library district. The
governing body of such city of the third class located within said library
district is hereby authorized to adopt such a resolution, and upon the
creation of said library district by the board of county commissioners the
governing body of such city, in conformity with such resolution, is hereby
authorized to make and execute the necessary assignments and conveyances to
transfer to such library district all property and assets of said city
library. The board of county commissioners of the county in which such
proposed library district is located shall, at its next regular meeting
following the filing of such petition, examine said petition and determine
its sufficiency. If the board finds that said petition is regular and in
due form, as herein provided, it shall cause to be submitted to the voters
of such proposed district, at a special election called for the purpose of
voting upon the question, the establishment and maintenance of a library by
such proposed library district. A notice of such election shall be given by
publication of such notice in a newspaper having general circulation within
the boundaries of such proposed district. Said notice of election shall be
published in two successive issues of such newspaper and such election
shall be held within seven (7) days after the last publication of such
notice. Such notice of election shall be signed by the board of county
commissioners and such election shall be conducted by and under the
supervision of the county clerk of said county in the manner provided by
law for the conduct of general elections. The county clerk shall determine
the number of voting precincts needed within such proposed district, at
least one of which precincts shall be in the corporate limits of the
third-class city in said proposed library district, and shall designate and
appoint the election board, or boards, to serve at the voting precinct or
precincts within such proposed library district.
History: L. 1965, ch. 145 § 1; L. 1969, ch. 78, § 1; July 1.
12-1236.Establishment of library districts; petition; agreement to
transfer city property to district, when; resolution; election, notice and
conduct.
Any one or more cities of the third class is hereby authorized to join
with any one or more townships or portions of one or more townships in one
or more counties in the creation of a library district, upon the
presentation to the board of county commissioners, of the county in which
such proposed library district is located, of a petition setting forth the
boundaries of the proposed library district and requesting the formation of
such library district. Such petition shall be signed by not less than ten
percent (10%) of the qualified electors of said proposed district who
reside outside the limits of the incorporated city, and a like petition
signed by not less than ten percent (10%) of the qualified electors who
reside within the corporate limits of a city of the third class within said
proposed district. The sufficiency of such petition to be determined by the
board of county commissioners, determined upon the basis of the total vote
cast for secretary of state in the last preceding general election within
said city of the third class and within the boundaries of said proposed
district of the township or portions of townships comprised within the
proposed boundaries of said library district; and in the event a portion of
any township is within such proposed boundaries, the total vote cast for
secretary of state in said township shall be used. If the city of the third
class within the boundaries of said library district owns and is operating
a library at the time said petitions are filed, said petitions shall be
accompanied by a copy of a resolution adopted by the governing body of said
city of the third class within such district; such resolution shall state
that said city of the third class agrees, upon the creation of the proposed
library district, to convey, assign and transfer to said library district
all books, equipment, moneys, endowment funds and all other assets of said
city library, to and for the use of said proposed library district. The
governing body of such city of the third class located within said library
district is hereby authorized to adopt such a resolution, and upon the
creation of said library district by the board of county commissioners the
governing body of such city, in conformity with such resolution, is hereby
authorized to make and execute the necessary assignments and conveyances to
transfer to such library district all property and assets of said city
library. The board of county commissioners of the county in which such
proposed library district is located shall, at its next regular meeting
following the filing of such petition, examine said petition and determine
its sufficiency. If the board finds that said petition is regular and in
due form, as herein provided, it shall cause to be submitted to the voters
of such proposed district, at a special election called for the purpose of
voting upon the question, the establishment and maintenance of a library by
such proposed library district. A notice of such election shall be given by
publication of such notice in a newspaper having general circulation within
the boundaries of such proposed district. Said notice of election shall be
published in two successive issues of such newspaper and such election
shall be held within seven (7) days after the last publication of such
notice. Such notice of election shall be signed by the board of county
commissioners and such election shall be conducted by and under the
supervision of the county clerk of said county in the manner provided by
law for the conduct of general elections. The county clerk shall determine
the number of voting precincts needed within such proposed district, at
least one of which precincts shall be in the corporate limits of the
third-class city in said proposed library district, and shall designate and
appoint the election board, or boards, to serve at the voting precinct or
precincts within such proposed library district.
History: L. 1965, ch. 145 § 1; L. 1969, ch. 78, § 1; July 1.
12-1236.Establishment of library districts; petition; agreement to
transfer city property to district, when; resolution; election, notice and
conduct.
Any one or more cities of the third class is hereby authorized to join
with any one or more townships or portions of one or more townships in one
or more counties in the creation of a library district, upon the
presentation to the board of county commissioners, of the county in which
such proposed library district is located, of a petition setting forth the
boundaries of the proposed library district and requesting the formation of
such library district. Such petition shall be signed by not less than ten
percent (10%) of the qualified electors of said proposed district who
reside outside the limits of the incorporated city, and a like petition
signed by not less than ten percent (10%) of the qualified electors who
reside within the corporate limits of a city of the third class within said
proposed district. The sufficiency of such petition to be determined by the
board of county commissioners, determined upon the basis of the total vote
cast for secretary of state in the last preceding general election within
said city of the third class and within the boundaries of said proposed
district of the township or portions of townships comprised within the
proposed boundaries of said library district; and in the event a portion of
any township is within such proposed boundaries, the total vote cast for
secretary of state in said township shall be used. If the city of the third
class within the boundaries of said library district owns and is operating
a library at the time said petitions are filed, said petitions shall be
accompanied by a copy of a resolution adopted by the governing body of said
city of the third class within such district; such resolution shall state
that said city of the third class agrees, upon the creation of the proposed
library district, to convey, assign and transfer to said library district
all books, equipment, moneys, endowment funds and all other assets of said
city library, to and for the use of said proposed library district. The
governing body of such city of the third class located within said library
district is hereby authorized to adopt such a resolution, and upon the
creation of said library district by the board of county commissioners the
governing body of such city, in conformity with such resolution, is hereby
authorized to make and execute the necessary assignments and conveyances to
transfer to such library district all property and assets of said city
library. The board of county commissioners of the county in which such
proposed library district is located shall, at its next regular meeting
following the filing of such petition, examine said petition and determine
its sufficiency. If the board finds that said petition is regular and in
due form, as herein provided, it shall cause to be submitted to the voters
of such proposed district, at a special election called for the purpose of
voting upon the question, the establishment and maintenance of a library by
such proposed library district. A notice of such election shall be given by
publication of such notice in a newspaper having general circulation within
the boundaries of such proposed district. Said notice of election shall be
published in two successive issues of such newspaper and such election
shall be held within seven (7) days after the last publication of such
notice. Such notice of election shall be signed by the board of county
commissioners and such election shall be conducted by and under the
supervision of the county clerk of said county in the manner provided by
law for the conduct of general elections. The county clerk shall determine
the number of voting precincts needed within such proposed district, at
least one of which precincts shall be in the corporate limits of the
third-class city in said proposed library district, and shall designate and
appoint the election board, or boards, to serve at the voting precinct or
precincts within such proposed library district.
History: L. 1965, ch. 145 § 1; L. 1969, ch. 78, § 1; July 1.