(1) A municipal or county library may
be established for a governmental unit either by the legislative body of said
governmental unit on its own initiative, by adoption of a resolution or ordinance to
that effect, or upon petition of one hundred registered electors residing in the
proposed library's legal service area. A joint library may be established by the
legislative bodies of two or more governmental units, and a library district by the
legislative bodies of one or more governmental units, each proceeding to adopt a
resolution or an ordinance to that effect. A library district may also be formed by
petition of one hundred registered electors residing within the proposed library
district addressed to the boards of county commissioners in each county in the
proposed library district.
(2) If establishment of a municipal, county, or joint library or a library district
is to be by resolution or ordinance, the following procedures shall be followed:
(a) A public hearing following notice shall be held by any governmental unit
forming the public library. Such notice shall set forth the matters to be included in
the resolution or ordinance and shall fix a date for the hearing that shall be not less
than thirty nor more than sixty days after the date of first publication of such
notice.
(b) Such public hearings shall include discussion of the purposes of the
library to be formed and, where more than one governmental unit is involved, the
powers, rights, obligations, and responsibilities, financial and otherwise, of each
governmental unit.
(c) The resolution or ordinance shall describe the proposed library's legal
service area, identifying any excluded areas, shall specify the mill levy and property
tax dollars to be imposed or other type and amount of funding, and shall state that
the electors of the governmental unit or library district must approve any amount of
tax levy not previously established by resolution or ordinance nor previously
approved by the electors before the library can be established.
(d) Upon the adoption of the resolution or ordinance, the legislative body or
bodies shall establish the public library and provide for its financial support
beginning on or before January 1 of the year following the adoption of the resolution
or ordinance by all those legislative bodies effecting the establishment or, if any
amount of tax levy not previously established by resolution or ordinance nor
previously approved by the electors is to provide the financial support, following
elector approval of that levy.
(e) Upon establishment of a joint library or library district, and after
appointment of the library board of trustees, a written agreement between the
legislative body of each participating governmental unit and the library board of
trustees shall be effected within ninety days, which time frame may be extended by
mutual agreement of the parties, and shall set forth fully the rights, obligations,
and responsibilities, financial and otherwise, of all parties to the agreement,
including provisions concerning:
(I) The transition from the library to a library district, such as ownership of
the library's real and personal property, personnel, and the provision of
administrative services during the transition;
(II) The method of trustee selection; and
(III) Such other necessary terms and conditions as may be determined by the
parties.
(3) If establishment of a county or municipal library or a library district is by
petition of registered electors, the following procedures shall be followed:
(a) The petition shall set forth:
(I) A request for the establishment of the library;
(II) The name or names of the governmental unit or units establishing the
library;
(III) The name of the proposed library, and for a library district, the chosen
name preceding the words library district;
(IV) A general description of the legal service area of the proposed public
library with such certainty as to enable a property owner to determine whether or
not such property owner's property is within the proposed library's legal service
area; and
(V) Specification of the mill levy to be imposed or other type and amount of
funding and that the electors must approve any amount of tax levy not previously
established by resolution or ordinance nor previously approved by the electors
before the county or municipal library or library district can be established.
(b) Petitions shall be addressed to the legislative body of the county or
municipality, or, in the case of a library district, to the boards of county
commissioners of each county having territory within the legal service area of the
proposed district.
(c) (I) Except as otherwise provided in subparagraphs (II) and (III) of this
paragraph (c), at the time of filing the petition for the establishment of a library
district, a bond shall be filed with the county or counties sufficient to pay all
expenses connected with the organization of the library district if such organization
is not affected.
(II) Except as otherwise provided in subparagraph (III) of this paragraph (c),
the board of county commissioners of each county having territory within the legal
service area of the proposed library district may:
(A) Waive the bonding requirement; and
(B) With the consent of the board of trustees of an existing library, pay for
the costs of the election for the proposed library district. If the legal service area of
a proposed library district includes two or more counties, the costs of election for
such library district to be paid by any county pursuant to this sub-subparagraph (B)
shall not exceed a percentage of said costs equal to the percentage that the
population of the county within the boundaries of the legal service area bears to the
total population within the boundaries of such service area.
(III) (A) Subject to the provisions of sub-subparagraphs (B) and (C) of this
subparagraph (III), the board of county commissioners of each county having
territory within the legal service area of the proposed library district shall pay no
less than fifty percent of the costs of the election for such library district if the
petition submitted pursuant to subsection (1) of this section contains signatures by
registered electors residing in the proposed library district in an amount equal to at
least five percent of the total number of votes cast in every precinct in the
proposed library district for all candidates for the office of secretary of state at the
previous general election.
(B) Payment of election costs for any library district shall not be required of
any county under this subparagraph (III) more than once every four years.
(C) In the case where the legal service area of a proposed library district
includes two or more counties, the costs of the election for the library district shall
be paid on a prorated basis with each county within the boundaries of the proposed
library's legal service area paying a percentage of said costs equal to the
percentage that the population of the county within the boundaries of the library's
legal service area bears to the total population of such service area.
(c.5) Notwithstanding any other provision of this section, the costs of the
election of a proposed library district may be assumed by an existing library where
the assumption of the costs has been approved by the board of trustees of said
library.
(d) Upon receipt of such petition, the legislative body or bodies shall either
establish the library by resolution or ordinance, in accordance with subsection (2) of
this section, or shall submit the question of the establishment of a public library to
a vote of the registered electors residing in the proposed library's legal service area
in accordance with the following provisions:
(I) In the case of a municipal library, such election shall be held in
accordance with article 10 of title 31, C.R.S., and section 20 of article X of the state
constitution, and shall be held on the date of the state biennial general election, the
first Tuesday in November in odd-numbered years, or the municipal regular
election, whichever is earliest; except that such petition shall be filed at least
ninety days before such election.
(II) In the case of a library district or county library, such election shall be
held in accordance with articles 1 to 13 of title 1, C.R.S., and section 20 of article X of
the state constitution, and shall be held on the date of the state biennial general
election or the first Tuesday in November in odd-numbered years, whichever is
earliest; except that such petition shall be filed at least ninety days before such
election.
(III) Public hearings shall be conducted by such legislative body or bodies
prior to an election and shall include a discussion of the purposes of the library to
be formed and, where more than one governmental unit is involved, the powers,
rights, obligations, and responsibilities, financial and otherwise, of each
governmental unit.
(e) and (f) (Deleted by amendment, L. 97, p. 411, � 1, effective April 24, 1997.)
(g) If a majority of the electors voting on the question vote in favor of the
establishment of a library, the legislative body of each establishing governmental
unit shall forthwith establish such library and provide for its financial support
beginning on or before January 1 of the year following the election.
(h) Upon establishment of a library district, and after appointment of the
library board of trustees, a written agreement between the legislative body of each
participating governmental unit and the library board of trustees shall be effected
within ninety days, which time frame may be extended by mutual agreement of the
parties, and shall set forth fully the rights, obligations, and responsibilities,
financial and otherwise, of all parties to the agreement, including provisions
concerning:
(I) The transition from the library to a library district, such as ownership of
the library's real and personal property, personnel, and the provision of
administrative services during the transition;
(II) The method of trustee selection; and
(III) Such other necessary terms and conditions as may be determined by the
parties.
(i) If organization of a library district is effected, the district shall reimburse
the legislative bodies holding the election for expenses incurred in holding the
election.