Introduction

In this chapter, we will look at the legal methods by which the public will decide whether to create or expand library districts. Each kind of project has specific legal requirements for making this decision.

Establishment. Library districts are legal entities with authority to levy property taxes. Because of this power, districts can only be established by a vote of the people who will reside in the district.

Annexation and Combination. Districts are also usually expanded by election, but in some cases, there is an alternate method of expansion by petition that ensures that a majority of the people in the added territory that will be taxed have consented to be part of a library district.

Consolidation. In the case of consolidation of districts, an agreement to consolidate by the boards of the consolidating districts with the confirmation of the county commissioners is adequate, since most of the people living in the districts have already agreed to tax themselves for library services.

To determine which method you will need to use, let us look at the various kinds of projects identified in the Assessment Phase chapter, along with the method or methods that can be used to carry out the project.

• Establishment. Territory that contains no library can be formed into a library district. The new library district can set up its own libraries and provide services itself. This will require an election within the proposed new district. The election process is discussed in Election Procedure A. [See I.C. §§ 33-2702 through 33-2706.]
• Establishment in order to purchase library service from another library. Territory that contains no library can be formed into a library district. The new district does not provide services itself, but contracts with an existing library to provide services to its residents. This will require an election within the proposed new district. The residents of the city or library district with which a contract will be made do not get to vote on the district issue, as the proposed district will not be taxing them. The election process is discussed in Election Procedure A. [See I.C. §§ 33-2702 through 33-2706.]
• Establishment including an existing city library. Territory that includes one existing city library can be formed into a district that serves the city and surrounding territory. This will require an election within the proposed new district. Electors within the city, as well as electors within the untaxed territory, are all given an opportunity to vote, since the new district will tax property within the city limits as well as in the untaxed territory. The election process is discussed in Election Procedure A. [See I.C. §§ 33-2702 through 33-2706.]
• Establishment/Combination including multiple city libraries. Territory that includes two or more city libraries can be formed into a district that includes untaxed territory that connects the cities together. This will require an election. Electors within the cities that support city libraries as well as electors within untaxed areas will be given an opportunity to vote, since the new district will tax all of this area. The election process is discussed in Election Procedure A. [See I.C. §§ 33-2702 through 33-2706.]
• Annexation of area with no library service. An existing district library can annex untaxed territory which is contiguous to it and which contains no other public library. This can be done either by election or by petition. In most cases, an election will be used. (Because the petition method requires the signatures of 60% of the qualified electors in the territory to be added to the district, it usually will only be feasible in areas that have a very small population.) The election will be held only in the territory that will be added to the district, since that is the only territory in which electors have not yet agreed to tax themselves for library services. The election process is discussed in Election Procedure B. [See I.C. §§ 33-2707 through 33-2708.]
• Annexation of area including one or more city libraries, and the cities do not choose to join the district. An existing district library can annex untaxed territory that is contiguous to it, which contains an existing city library (or libraries), and the cities do not choose to join the district. This can be done either by election or by petition. In most cases, an election will be used. Because a petition requires that 60% of the qualified electors in the territory to be added to the district, it usually will only prove feasible in areas that have a very small population. The election will be held only in the territory that will be added to the district, since that is the only territory in which electors have not yet agreed to tax themselves for library services. Electors within the cities that are not joining the district do not vote, since the district will not be taxing them. The election process is discussed in Election Procedure B. [See I.C. §§ 33-2707 through 33-2708.]
• Annexation/Combination. An existing district library can add untaxed territory which is contiguous to it and which includes an existing city library (or libraries), and the cities also choose to combine with the district. This situation is treated as an establishment of a new district. It will require an election that will include electors within the existing district, cities that support city libraries, and untaxed territory. If the election fails, the existing district remains as a district library. The election process is discussed in Election Procedure A. [See I.C. §§ 33-2702 through 33-2706.]
• Combination. A city library whose boundaries are contiguous with a library district combines with the district. An election is held in the city only, since the electors within the district have already agreed to tax themselves for district library services. The city is responsible for conducting the election. The election process is discussed in election Procedure C. [See I.C. § 33-2709.]
• Consolidation. Two or more existing contiguous districts can be consolidated into a single district. The library boards involved vote to consolidate and petition the county commissioners to certify the name and boundaries of the consolidated district. [See I.C. § 33-2711.]

Elections

All library districts are created by election, and most expansions of library districts are also completed through an election process. Election procedures differ according to the type of districting project.

Election procedures fall into three categories:

• for the establishment of a new district and the annexation and/or combination of an existing district with untaxed territories and existing tax-supported libraries;
• for annexing untaxed territory; and
• for a city library to join an existing library district.