§ 40-38-11 — Joint public library services by cities and counties

1. Upon compliance with section 40-38-01 for the establishment of public library services,
public library services may be jointly provided through a written agreement between
the governing bodies of any city or county or both to establish and maintain joint library
services with one or more cities or counties or both.
2. A party shall be bound to an agreement entered into under subsection 1 for an initial
five-year term and subsequent five-year terms unless it provides other parties to the
agreement with notice of intent to withdraw from the agreement at least two years
before the proposed date of withdrawal.
3. The parties to the agreement shall appoint a single joint library board to govern public
library services covered by the agreement. The method of representation on the joint
library board and the establishment of the initial board with staggered terms shall be
determined in the agreement. Provided, the joint library board shall consist of an equal
number of appointees from each party to the agreement and, in any case, shall consist
of not less than five members nor more than eleven members. No member of the
board shall serve for more than two consecutive three-year terms, after which an
interval of one year must elapse before the same member may be reappointed.
4. The joint library board shall have all power and duties provided in sections 40-38-04
through 40-38-09.
5. A joint library fund shall be established for the public library services covered by the
agreement. Each city or county represented in the agreement shall provide its pro rata
share of funds for the services, as specified in the agreement, from the funds received
under section 40-38-02. Taxes within the service area covered by the written
agreement under subsection 1 which is outside city limits may be levied within the
limitations and according to the procedures provided by law for a county library fund
levy and taxes within the service area that is within city limits may be levied within the
limitations and according to the procedures provided by law for a city library fund levy.
6. The joint library board shall appoint, and may remove, a treasurer to administer the
joint library fund. The treasurer may be a treasurer of one of the parties to the
agreement or a member of the board or both. The city auditor and county treasurer of
each city or county represented in the agreement and the state librarian shall promptly
transmit all funds authorized under subsection 5 and chapter 54-24.2, respectively,
directly to the treasurer of the joint library board. The treasurer shall pay out moneys
belonging to the joint library board only upon properly drawn vouchers, pursuant to
order of the joint library board. The funds received by the treasurer shall not revert to
or be considered funds on hand by any governmental unit furnishing the same, at the
end of any biennium or fiscal year. The treasurer shall be bonded in such amount as
may be specified by resolution adopted by the joint library board.
7. The agreement shall include provisions for the dissolution of the joint library board and
distribution of assets in the event the agreement is terminated.
8. Joint libraries established and operated under this section are eligible to receive
financial aid under chapter 54-24.2 to the extent that each city and county represented
in the agreement would be eligible for the aid.
9. Agreements for public library services between cities or counties or both may be
provided under this section or other provisions of this chapter and may not be provided
under chapter 54-40 or other provisions of law.

10. After July 1, 1981, the establishment of joint library services pursuant to this section
shall not be permitted unless approved by the electors of each individual city or county
considering the question.