22-1-702. Creation or enlargement of public library district. (1) Proceedings for the creation or enlargement of a public library district or the conversion of a public library to a public library district may be initiated by:
     (a) a petition signed by not less than 15% of the qualified electors who reside within the proposed district or the area to be added to an existing district; or
     (b) a resolution of intent adopted by the county governing body, calling for the creation of a district.
     (2) The petition must contain:
     (a) the boundaries of the proposed public library district;
     (b) a map showing the boundaries;
     (c) subject to 15-10-420, the proposed maximum property tax mill levy that could be levied on property owners within the district for the operation of the district; and
     (d) the proposed number of members on the board of trustees. The number of members must be five or seven.
     (3) When the territory to be included in the proposed public library district lies in more than one county, a petition must be presented to the governing body of each county in which the territory lies. Each petition must be signed by not less than 15% of the qualified electors of the territory within the county proposed for inclusion in the district.
     (4) Upon receipt of a petition to create a public library district, the county clerk shall examine the petition and within 15 days either reject the petition if it is insufficient under the provisions of subsection (1), (2), or (3) or certify that the petition is sufficient and present it to the county governing body at its next meeting.
     (5) The text of the petition must be published as provided in 7-1-2121 in each county in which territory of the proposed public library district lies.
     (6) At a hearing on the proposed public library district, the county governing body shall hear testimony:
     (a) of all interested persons on whether a district should be created;
     (b) regarding the proposed boundary, the property tax mill levy, and the number of members of the board of trustees; and
     (c) on any other matter relating to the petition.
     (7) After the hearing, if the county governing body determines that the proposed public library district should be created, it shall by resolution:
     (a) set the boundaries of the proposed district;
     (b) set the maximum mill levy for the proposed district;
     (c) set the number of members to be on the board of trustees; and
     (d) call for an election on the question of whether to create the district. The election may be:
     (i) held in conjunction with a regular or primary election; or
     (ii) conducted by mail ballot in accordance with the provisions of Title 13, chapter 19.
     (8) Except as provided in 22-1-705, if all or part of the territory served by an existing public library, as defined in 22-1-326, is included within the boundaries of a newly created or enlarged public library district, the governing body of the county shall adjust the boundaries of the district to exclude the territory served by the public library.

     History: En. Sec. 2, Ch. 92, L. 2001.