State Codes and Statutes

Statutes > Missouri > T11 > C182 > 182_015

County commission may establish library district without vote,when--tax levy, submitted how--dissolution of librarydistrict--change of boundaries, procedure.

182.015. 1. In addition to the provisions of section 182.010, thecounty commission of any county of the state may establish by its order acounty library district without a petition or submission to the voters asprovided in section 182.010, provided such district conforms otherwise tothe provisions of that section and does not include any part of a regionallibrary system established pursuant to other provisions of this chapter.In the event a district is so established, the county commission shallpropose an annual rate of taxation within the limitations prescribed bysection 182.010, which proposal shall be submitted to a vote of the peoplein the same manner as though the district were formed under the provisionsof that section.

2. Where the county library district of any county is not operating alibrary within such county, the county commission may divide the countylibrary district into subdistricts. In the event the subdistricts areestablished, the county commission shall propose an annual rate oftaxation, which proposal shall be submitted to a vote of the peopleresiding in the subdistrict in the same manner as provided for in section182.010. If a majority of the votes cast on the question are for the taxas submitted, the tax shall be levied and collected on property within thesubdistrict in the same manner as other county library taxes are levied andcollected pursuant to section 182.020. Such funds shall be used to providelibrary services in the subdistrict of the county library district.

3. Where a tax has not been approved by the voters within a five-yearperiod from the establishment of a library district, such library districtshall be dissolved.

4. (1) The boundaries of any subdistrict established under thissection in any county may be expanded as provided in this subsection.Whenever not less than ten percent of registered voters residing in an areain such county adjacent to an existing subdistrict desire to be annexedinto the subdistrict, such registered voters shall file a petition with thegoverning body of the county requesting, subject to the official approvalof the existing county library board, the expansion of the subdistrict.The petition shall contain the following information:

(a) The name and residence of each petitioner; and

(b) A specific description of the proposed subdistrict boundaries,including a map illustrating the boundaries.

(2) Upon the filing of a petition under this subsection, subject tothe official approval of the existing county library board, the governingbody of the county may, by resolution, approve the expansion of thesubdistrict. Any resolution to expand such subdistrict adopted by thegoverning body of the county shall contain the following information:

(a) A description of the proposed boundaries of the subdistrict;

(b) The time and place of a hearing to be held to consider expansionof the subdistrict; and

(c) The rate of tax to be imposed in the area of expansion and votedon within the proposed subdistrict, if any.

Following the hearing required in this subsection, if the existing libraryboard approves the expansion, and if the governing body of the countydetermines that expansion is in the best interest of the currentsubdistrict, then the governing body may, by order or ordinance, providefor the expansion of the subdistrict and for any imposition of the existingsubdistrict tax rate within the area of expansion. The order or ordinanceshall not become effective unless the governing body of the county submitsto the voters residing within the proposed subdistrict, at a state general,primary, or special election, a proposal to authorize the governing body ofthe county to expand the boundaries of the subdistrict and, if necessary,to impose the existing subdistrict tax rate within the area of expansion.If a majority of the votes cast on the question by the qualified votersvoting thereon and residing in the existing subdistrict and a majority ofthe votes cast on the question by the qualified voters voting thereon andresiding in the area proposed to be annexed into the subdistrict are infavor of the question, then the expansion of the subdistrict and theimposition of the tax within the area of expansion shall become effectiveon the first day of the second calendar quarter immediately following thevote. If a majority of the votes cast on the question by the qualifiedvoters voting thereon in either the existing subdistrict or in the areaproposed to be annexed into the subdistrict are opposed to the question,then the expansion of the subdistrict and the imposition of the tax shallnot become effective unless and until the question is resubmitted underthis subsection to the qualified voters and such question is approved bythe required majorities of the qualified voters voting on the questionunder this subsection.

(3) The governing body of any county that has expanded subdistrictboundaries or imposed a tax increase authorized in this subsection maysubmit the question of repeal of the expansion of boundaries and theaccompanying imposition of the tax in the area of expansion to the votersof the subdistrict on any date available for elections for the county.

If a majority of the votes cast on the question by the qualified votersvoting thereon are in favor of repeal, that repeal shall become effectiveon December thirty-first of the calendar year in which such repeal wasapproved. If a majority of the votes cast on the question by the qualifiedvoters voting thereon are opposed to the repeal, then the expansion ofboundaries and the imposition of the tax as authorized in this subsectionshall remain effective until the question is resubmitted under thissubsection to the qualified voters and the repeal is approved by a majorityof the qualified voters voting on the question.

(4) Whenever the governing body of any county that has expandedsubdistrict boundaries or imposed a tax as authorized in this subsectionreceives a petition, signed by ten percent of the registered voters of thelibrary subdistrict, calling for an election to repeal the expansion ofboundaries and the accompanying imposition of the tax in the area ofexpansion under this subsection, the governing body shall submit to thevoters of the subdistrict a proposal to repeal the expansion and theaccompanying imposition of the tax. If a majority of the votes cast on thequestion by the qualified voters voting thereon are in favor of the repeal,the repeal shall become effective on December thirty-first of the calendaryear in which such repeal was approved. If a majority of the votes cast onthe question by the qualified voters voting thereon are opposed to therepeal, then the expansion of boundaries and the imposition of the tax asauthorized in this subsection shall remain effective until the question isresubmitted under this subsection to the qualified voters and the repeal isapproved by a majority of the qualified voters voting on the question.

(L. 1972 S.B. 583, A.L. 1987 H.B. 179 & 307, A.L. 1995 S.B. 14, A.L. 2007 S.B. 22)

State Codes and Statutes

Statutes > Missouri > T11 > C182 > 182_015

County commission may establish library district without vote,when--tax levy, submitted how--dissolution of librarydistrict--change of boundaries, procedure.

182.015. 1. In addition to the provisions of section 182.010, thecounty commission of any county of the state may establish by its order acounty library district without a petition or submission to the voters asprovided in section 182.010, provided such district conforms otherwise tothe provisions of that section and does not include any part of a regionallibrary system established pursuant to other provisions of this chapter.In the event a district is so established, the county commission shallpropose an annual rate of taxation within the limitations prescribed bysection 182.010, which proposal shall be submitted to a vote of the peoplein the same manner as though the district were formed under the provisionsof that section.

2. Where the county library district of any county is not operating alibrary within such county, the county commission may divide the countylibrary district into subdistricts. In the event the subdistricts areestablished, the county commission shall propose an annual rate oftaxation, which proposal shall be submitted to a vote of the peopleresiding in the subdistrict in the same manner as provided for in section182.010. If a majority of the votes cast on the question are for the taxas submitted, the tax shall be levied and collected on property within thesubdistrict in the same manner as other county library taxes are levied andcollected pursuant to section 182.020. Such funds shall be used to providelibrary services in the subdistrict of the county library district.

3. Where a tax has not been approved by the voters within a five-yearperiod from the establishment of a library district, such library districtshall be dissolved.

4. (1) The boundaries of any subdistrict established under thissection in any county may be expanded as provided in this subsection.Whenever not less than ten percent of registered voters residing in an areain such county adjacent to an existing subdistrict desire to be annexedinto the subdistrict, such registered voters shall file a petition with thegoverning body of the county requesting, subject to the official approvalof the existing county library board, the expansion of the subdistrict.The petition shall contain the following information:

(a) The name and residence of each petitioner; and

(b) A specific description of the proposed subdistrict boundaries,including a map illustrating the boundaries.

(2) Upon the filing of a petition under this subsection, subject tothe official approval of the existing county library board, the governingbody of the county may, by resolution, approve the expansion of thesubdistrict. Any resolution to expand such subdistrict adopted by thegoverning body of the county shall contain the following information:

(a) A description of the proposed boundaries of the subdistrict;

(b) The time and place of a hearing to be held to consider expansionof the subdistrict; and

(c) The rate of tax to be imposed in the area of expansion and votedon within the proposed subdistrict, if any.

Following the hearing required in this subsection, if the existing libraryboard approves the expansion, and if the governing body of the countydetermines that expansion is in the best interest of the currentsubdistrict, then the governing body may, by order or ordinance, providefor the expansion of the subdistrict and for any imposition of the existingsubdistrict tax rate within the area of expansion. The order or ordinanceshall not become effective unless the governing body of the county submitsto the voters residing within the proposed subdistrict, at a state general,primary, or special election, a proposal to authorize the governing body ofthe county to expand the boundaries of the subdistrict and, if necessary,to impose the existing subdistrict tax rate within the area of expansion.If a majority of the votes cast on the question by the qualified votersvoting thereon and residing in the existing subdistrict and a majority ofthe votes cast on the question by the qualified voters voting thereon andresiding in the area proposed to be annexed into the subdistrict are infavor of the question, then the expansion of the subdistrict and theimposition of the tax within the area of expansion shall become effectiveon the first day of the second calendar quarter immediately following thevote. If a majority of the votes cast on the question by the qualifiedvoters voting thereon in either the existing subdistrict or in the areaproposed to be annexed into the subdistrict are opposed to the question,then the expansion of the subdistrict and the imposition of the tax shallnot become effective unless and until the question is resubmitted underthis subsection to the qualified voters and such question is approved bythe required majorities of the qualified voters voting on the questionunder this subsection.

(3) The governing body of any county that has expanded subdistrictboundaries or imposed a tax increase authorized in this subsection maysubmit the question of repeal of the expansion of boundaries and theaccompanying imposition of the tax in the area of expansion to the votersof the subdistrict on any date available for elections for the county.

If a majority of the votes cast on the question by the qualified votersvoting thereon are in favor of repeal, that repeal shall become effectiveon December thirty-first of the calendar year in which such repeal wasapproved. If a majority of the votes cast on the question by the qualifiedvoters voting thereon are opposed to the repeal, then the expansion ofboundaries and the imposition of the tax as authorized in this subsectionshall remain effective until the question is resubmitted under thissubsection to the qualified voters and the repeal is approved by a majorityof the qualified voters voting on the question.

(4) Whenever the governing body of any county that has expandedsubdistrict boundaries or imposed a tax as authorized in this subsectionreceives a petition, signed by ten percent of the registered voters of thelibrary subdistrict, calling for an election to repeal the expansion ofboundaries and the accompanying imposition of the tax in the area ofexpansion under this subsection, the governing body shall submit to thevoters of the subdistrict a proposal to repeal the expansion and theaccompanying imposition of the tax. If a majority of the votes cast on thequestion by the qualified voters voting thereon are in favor of the repeal,the repeal shall become effective on December thirty-first of the calendaryear in which such repeal was approved. If a majority of the votes cast onthe question by the qualified voters voting thereon are opposed to therepeal, then the expansion of boundaries and the imposition of the tax asauthorized in this subsection shall remain effective until the question isresubmitted under this subsection to the qualified voters and the repeal isapproved by a majority of the qualified voters voting on the question.

(L. 1972 S.B. 583, A.L. 1987 H.B. 179 & 307, A.L. 1995 S.B. 14, A.L. 2007 S.B. 22)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T11 > C182 > 182_015

County commission may establish library district without vote,when--tax levy, submitted how--dissolution of librarydistrict--change of boundaries, procedure.

182.015. 1. In addition to the provisions of section 182.010, thecounty commission of any county of the state may establish by its order acounty library district without a petition or submission to the voters asprovided in section 182.010, provided such district conforms otherwise tothe provisions of that section and does not include any part of a regionallibrary system established pursuant to other provisions of this chapter.In the event a district is so established, the county commission shallpropose an annual rate of taxation within the limitations prescribed bysection 182.010, which proposal shall be submitted to a vote of the peoplein the same manner as though the district were formed under the provisionsof that section.

2. Where the county library district of any county is not operating alibrary within such county, the county commission may divide the countylibrary district into subdistricts. In the event the subdistricts areestablished, the county commission shall propose an annual rate oftaxation, which proposal shall be submitted to a vote of the peopleresiding in the subdistrict in the same manner as provided for in section182.010. If a majority of the votes cast on the question are for the taxas submitted, the tax shall be levied and collected on property within thesubdistrict in the same manner as other county library taxes are levied andcollected pursuant to section 182.020. Such funds shall be used to providelibrary services in the subdistrict of the county library district.

3. Where a tax has not been approved by the voters within a five-yearperiod from the establishment of a library district, such library districtshall be dissolved.

4. (1) The boundaries of any subdistrict established under thissection in any county may be expanded as provided in this subsection.Whenever not less than ten percent of registered voters residing in an areain such county adjacent to an existing subdistrict desire to be annexedinto the subdistrict, such registered voters shall file a petition with thegoverning body of the county requesting, subject to the official approvalof the existing county library board, the expansion of the subdistrict.The petition shall contain the following information:

(a) The name and residence of each petitioner; and

(b) A specific description of the proposed subdistrict boundaries,including a map illustrating the boundaries.

(2) Upon the filing of a petition under this subsection, subject tothe official approval of the existing county library board, the governingbody of the county may, by resolution, approve the expansion of thesubdistrict. Any resolution to expand such subdistrict adopted by thegoverning body of the county shall contain the following information:

(a) A description of the proposed boundaries of the subdistrict;

(b) The time and place of a hearing to be held to consider expansionof the subdistrict; and

(c) The rate of tax to be imposed in the area of expansion and votedon within the proposed subdistrict, if any.

Following the hearing required in this subsection, if the existing libraryboard approves the expansion, and if the governing body of the countydetermines that expansion is in the best interest of the currentsubdistrict, then the governing body may, by order or ordinance, providefor the expansion of the subdistrict and for any imposition of the existingsubdistrict tax rate within the area of expansion. The order or ordinanceshall not become effective unless the governing body of the county submitsto the voters residing within the proposed subdistrict, at a state general,primary, or special election, a proposal to authorize the governing body ofthe county to expand the boundaries of the subdistrict and, if necessary,to impose the existing subdistrict tax rate within the area of expansion.If a majority of the votes cast on the question by the qualified votersvoting thereon and residing in the existing subdistrict and a majority ofthe votes cast on the question by the qualified voters voting thereon andresiding in the area proposed to be annexed into the subdistrict are infavor of the question, then the expansion of the subdistrict and theimposition of the tax within the area of expansion shall become effectiveon the first day of the second calendar quarter immediately following thevote. If a majority of the votes cast on the question by the qualifiedvoters voting thereon in either the existing subdistrict or in the areaproposed to be annexed into the subdistrict are opposed to the question,then the expansion of the subdistrict and the imposition of the tax shallnot become effective unless and until the question is resubmitted underthis subsection to the qualified voters and such question is approved bythe required majorities of the qualified voters voting on the questionunder this subsection.

(3) The governing body of any county that has expanded subdistrictboundaries or imposed a tax increase authorized in this subsection maysubmit the question of repeal of the expansion of boundaries and theaccompanying imposition of the tax in the area of expansion to the votersof the subdistrict on any date available for elections for the county.

If a majority of the votes cast on the question by the qualified votersvoting thereon are in favor of repeal, that repeal shall become effectiveon December thirty-first of the calendar year in which such repeal wasapproved. If a majority of the votes cast on the question by the qualifiedvoters voting thereon are opposed to the repeal, then the expansion ofboundaries and the imposition of the tax as authorized in this subsectionshall remain effective until the question is resubmitted under thissubsection to the qualified voters and the repeal is approved by a majorityof the qualified voters voting on the question.

(4) Whenever the governing body of any county that has expandedsubdistrict boundaries or imposed a tax as authorized in this subsectionreceives a petition, signed by ten percent of the registered voters of thelibrary subdistrict, calling for an election to repeal the expansion ofboundaries and the accompanying imposition of the tax in the area ofexpansion under this subsection, the governing body shall submit to thevoters of the subdistrict a proposal to repeal the expansion and theaccompanying imposition of the tax. If a majority of the votes cast on thequestion by the qualified voters voting thereon are in favor of the repeal,the repeal shall become effective on December thirty-first of the calendaryear in which such repeal was approved. If a majority of the votes cast onthe question by the qualified voters voting thereon are opposed to therepeal, then the expansion of boundaries and the imposition of the tax asauthorized in this subsection shall remain effective until the question isresubmitted under this subsection to the qualified voters and the repeal isapproved by a majority of the qualified voters voting on the question.

(L. 1972 S.B. 583, A.L. 1987 H.B. 179 & 307, A.L. 1995 S.B. 14, A.L. 2007 S.B. 22)