Library Expansion September 2012 Two Options IC 361251 Expansion of Library District May Occur by Legislative Body Passing Resolution OR Petition amp Remonstrance Process The Petition ID: 583106
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Slide1
I.C. § 36-12-5
Library Expansion
September 2012Slide2
Two Options (I.C. §36-12-5-1)
Expansion of Library District May Occur by
:
Legislative Body Passing Resolution
-OR-Petition & Remonstrance ProcessThe Petition and Remonstrance Process is recommended!
September 2012Slide3
Option 1 – Expansion By Resolution
If the proposal involves one township
:
Library
board files Expansion Resolution with the un-served township's Trustee and legislative body (I.C. §36-12-5-2)-OR-If the proposal involves more than one township: Library board files Expansion Resolution with the legislative body of a county
(I.C. §36-12-5-5)
September 2012Slide4
Option 1 – Expansion By Resolution, ctd
.
A public
notice and a waiting period
is recommended (but is not mandatory using this method) to ensure taxpayers have the opportunity to advise the legislative body and the library if they are in support of or opposed to the expansion
September 2012Slide5
Option 1 – Expansion By Resolution,
ctd.
Legislative body :
Approves the library board's Expansion Proposal with a written resolution
(I.C. §36-12-5-2 or I.C. §36-12-5-5)-AND-Within 10 days of adoption, submits a copy of the resolution to the County Recorder and the Indiana State Library (I.C. §36-12-5-11)
September 2012Slide6
Option 2 – Expansion by Petition
If the proposal involves one township
:
Library
board files the Expansion Resolution & Intent to File Petition with the un-served township's Trustee and legislative body (I.C. §36-12-5-3)-OR-if the proposal involves more than one township
:
Library
board files Expansion Resolution & Intent to File Petition with the legislative body of a county
(I.C. §36-12-5-6)
September 2012Slide7
Option 2 – Expansion by Petition, ctd
.
No
more than 10 days later, the Township Trustee publishes notice of the proposed expansion in accordance with I.C. §5-3-1
. (I.C. § 36-12-5-3) Note: The County Auditor publishes the notice if library provided the proposal and notice of intent to file a petition with the county legislative body. (I.C. §36-12-5-6)September 2012Slide8
Option 2 – Expansion by Petition, ctd
.
Beginning on the
first day after the notice is published, and for the next 60 days, an individual who is a registered voter
in the affected township(s) subject to the expansion may sign one or both of the following:A petition for acceptance of the Expansion ProposalRemonstrance in opposition of the expansion (I.C. §36-12-5-3 & I.C. §36-12-5-6)
September 2012Slide9
Option 2 – Expansion by Petition, ctd
.
Registered voter files petition (or remonstrance) with Clerk of the Circuit Court in the County where the township(s) are located.
(I.C. §36-12-5-3 or I.C. §36-12-5-6)Petition for acceptance of the expansion must be signed by at least 20% of the township’s registered voters as determined by the most recent general election. (I.C. §36-12-5-3 or I.C. §36-12-5-6)
September 2012Slide10
Option 2 – Expansion by Petition, ctd
.
Within 15 days after petition or remonstrance is filed, Clerk of Circuit Court certifies signatures on petition (and remonstrance if applicable) and provides to legislative body.
(I.C. 36-12-5-3 or I.C. 36-12-5-6)Legislative body has 40 days to compare petition and remonstrance; If a remonstrance has not been filed or a greater number of voters have signed the petition than have signed the remonstrance, the legislative body shall agree to the expansion by written resolution. (I.C. 36-12-5-4 or I.C. 36-12-5-10)
September 2012Slide11
Option 2 – Expansion by Petition, ctd
.
Within 10 days after the written resolution establishing an expanded library district is adopted, the legislative body shall submit a copy of the resolution for filing:
(1) in the office of the county recorder in the county where the administrative office of the public library is located; and
(2) with the Indiana state library.(I.C. 36-12-5-4 or I.C. 36-12-5-10)The expansion is effective as of the date the written resolution is filed. (I.C. 36-12-5-4 or I.C. 36-12-5-10)
September 2012Slide12
Board Appointments (I.C. §36-12-5-12)
If 1 or 2 townships are added to a library’s taxing
district:
at
least 1 of the initial appointments made to the library board by the County Commissioners or County Council must be from one of the newly added townships.If 3 or more townships are added to a library’s taxing district:at least 2 of the initial appointments made to the library board by the County Commissioners or County Council must be from one of the newly added townships.
New appointments are made after the expiration of the terms of existing board members
September 2012