SUMMARY OF METHODS TO BECOME A LIBRARY DISTRICT
Phillip Lenzini, Peoria
Generally speaking, there are two methods a local library (city,
village or township) can become a library district, presuming
that enlargement of the tax base or “growth” of the library is
also important. This summary will indicate how that factors in
to the more precise question of simply becoming a district.
I.
Conversion/Annexation
The first method, properly called “conversion,” would itself
have two methods of achieving: by referendum or by “joint
resolution.”
The referendum method, which is seldom used now
due to unpredictability and cost, is initiated either by a
library board resolution or a citizen petition of signatures.
This method may include an alteration of the tax rate and is the
only likely reason it would be used over the second method (due
to predictability of result), which again is initiated by a
library board resolution, which is then passed to the host
municipality. Within 60 days of the library board’s resolution,
the municipality must adopt an approving resolution permitting
the library to go to court. The library then, within 30 days of
the municipality’s approving resolution, must petition the court
for a final order establishing the district. If the referendum
method is used and the court orders the referendum based on the
library board’s resolution and petition to court, then in the
event the referendum is successful the library returns to court
for a similar final order establishing the district.
In both cases, the court’s final order establishing the district
would specify the new name, the tax rate applicable, the
transfer of real and personal property as appropriate to the
district, the reappointment of incumbent trustees until the next
regular election in April of odd numbered years for library
trustees, the boundaries of the new district, the fiscal year of
the newly formed district, and the first year for appropriations
among other items.
Once entered, the district must publish
notice of the order and its effect.
Presuming geographic (or tax base) “growth” is a goal, all that
either version of conversion has accomplished is to create a
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district which then would have all of the powers of a typical
library district vis a vis annexations.
The most common
“growth” method, particularly for large scale, is a “front door”
referendum process for annexation.
This is initiated by a
library district board resolution, petition to the circuit court
and an order placing a described territory on the next ballot.
The description of territory should be in the form of “sets or
subsets” of recognized government bodies, particularly school
districts, townships, fire districts, park districts, cities or
villages or the like, to avoid the high cost of creating “metes
and bounds” legal descriptions, which otherwise would be
required. A map would also have to be prepared of the territory
to be annexed and a minimum notice of 30 days of the court
hearing is required.
Presuming the court order is entered
describing the territory, then the question would have to be
adopted by a majority of votes cast within the library district
and, if a majority of votes cast in the territory to be annexed
are in favor, the entire area may be annexed. In the event that
the majority of votes in the territory to be annexed are not in
favor, it would still be possible to annex any contiguous voting
precinct to the district where a majority of votes cast was
favorable.
II.
Formation/Organization
The second method of becoming a district, which itself would
include the possibility of enlarged territory, is where the
proposed district would be voted on throughout a described area.
This could be initiated either by the citizen petitions of 100
or more voters in the area or, alternatively, a resolution of an
existing local library board within the territory.
The
territory would have to be described including a map and if any
existing school district, municipality, county or township is
used as the descriptor, then no “metes and bounds” description
would be required.
Once the process was initiated, a petition
to the circuit court would be required and a minimum 30-day
published notice is also required, together with a copy of the
petition to all public libraries within or contiguous to the
area to be served.
At the hearing, the judge would fix the
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boundaries of the proposed district and require a map to be
filed and set forth the election date to be used. The votes at
that election are to be collected into two groups: (1) for all
incorporated areas together; and (2) for all unincorporated
areas.
The proposition to succeed must pass by a majority of
votes in favor in each group regardless of their respective
sizes.
The only district that would be formed which had not
passed in both of these groups would be if it had failed in the
incorporated area solely because of the inclusion of an
incorporated area that had its own public library and in that
matter the area with a preexisting library service would be
excised in the district otherwise would be formed.
It is also
possible in this election mode to establish a different tax rate
than the preexisting one.
The final court order confirming
positive election results would establish the district, set
forth the first fiscal year transfer assets and liabilities from
preexisting libraries to the district and set forth the method
of new trustees. The statute is unclear as to this method, but
typically it is analogous to the conversion method of
reappointing incumbent trustees of the local library who wish to
serve.
The two alternative methods would be to utilize the
election code procedures for having candidates run for trustee’s
seat at the very election where the district is being voted on,
or having the county board chair with the advice and consent of
the county board, approve the nominees for new trustee made by
the petitioners.
Typically, these last two are not used when
this method is selected.