§ 40-38-01 — Public library and reading room - Establishment - Election

The governing body of any city or county upon petition of not less than fifty-one percent of
the qualified electors of the city or county as determined by the total number of votes cast at the
last general election or upon a majority vote of the qualified electors thereof voting on the
question shall establish and maintain public library service within its geographic limits by means
of a public library and reading room or other public library service, either singly or in cooperation
with the state library, or with one or more cities or counties, or by participation in an approved
state plan for rendering public library service under the Library Services and Construction Act
[20 U.S.C. 351-358], and acts amendatory thereof. Such question shall be submitted to the
qualified electors upon resolution of the governing body or upon the petition of not less than
twenty-five percent of that number of qualified electors of the city or county that voted at the last
general election, filed with the governing body not less than ninety days before the next regular
election. Library service may be discontinued within any city or county by any of the methods by
which library services may be established, except that once established, such service shall not
be discontinued until after it has been in operation for at least five years from the date of
establishment.