Summary of Methods
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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 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 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.