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DLGF > Libraries > Forming a New Library District Forming a New Library District

TO: ALL LIBRARY DIRECTORS

FROM: DEPARTMENT OF LOCAL GOVERNMENT FINANCE

SUBJECT: EXPANSION OF CLASS I PUBLIC LIBRARY & FORMING A NEW LIBRARY DISTRICT

DATE: DECEMBER 2002

DEFINITIONS:

  • Class I Public Libraries – (IC 20-14-1-4) Class I public libraries are comprised of:
  • All public libraries established after March 13, 1947; and
  • All public libraries established before March 14, 1947, that have filed a resolution of conversion under IC 20-14-1-5.
  • Class II Public Libraries – (IC 20-14-1-4) Class II public libraries are comprised of all public libraries established before March 14, 1947, that have not filed a resolution of conversion under IC 20-14-1-5.
  • Library District – (IC 20-14-1-2) Library District means the territory within the corporate boundaries of a public library.
  • Legislative Body – (IC 36-1-2-9) Legislative body means:
  • board of county commissioners, for a county not subject to IC36-2-3.5 or IC36-3-1;
  • county council, for a county subject to IC 36-2-3.5;
  • city-county council, for a consolidated city or county having a consolidated city;
  • common council, for a city other than a consolidated city;
  • town council, for a town; or township board, for a township.

EXPANSION OF CLASS I LIBRARY INTO NOT MORE THAN ONE TOWNSHIP IC 20-14-5
Class I public libraries that seek to expand into not more than one township of a county must complete the following steps:

Option I:

The library board may file a proposed expansion with the township trustee and legislative body of the township. The proposal must state that the public library seeks to combine with a certain township or any part of a township not being taxed for public library service to form a single library district. Except as provided in IC 20-14-5-3 (Option II below), when a township trustee and legislative body receive a proposal of expansion, the legislative body may agree to the expansion proposal by written resolution.

Option II:

  • 1. When the library board presents the township trustee and legislative body with a proposal of expansion and an intent to file a petition for acceptance of the proposal of expansion, within ten (10) days after the filing of the proposed expansion, the township trustee shall publish notice of the proposal of expansion in the manner provided in IC 5-3-1 in a newspaper of general circulation in the township. Beginning the first day after the notice is published, and during the period that ends sixty (60) days after the date of the publication of the notice, a person who is a registered voter of the township or part of the township may sign one (1) or both of the following:
  •   a. A petition for acceptance of the proposal of expansion that states that the registered voter is in favor of the establishment of an expanded library district.
  •   b. A remonstrance in opposition to the proposal of expansion that states that the registered voter is opposed to the establishment of an expanded library district.
  • 1.
  •   a. A registered voter of the township or part of the township may file a petition or a remonstrance, if any, with the clerk of the circuit court in the county where the township is located. A petition for acceptance of the proposal of expansion must be signed by at least twenty percent (20%) of the registered voters of the township or part of the township, as determined by the most recent general election.
  •   b. The clerk of the circuit court shall complete the certification as required under IC 20-14-5-3(c)(4) not more than fifteen (15) days after the petition or remonstrance is filed. The clerk shall establish a record of certification in the clerk’s office and shall file the original petition, the original remonstrance, if any, and a copy of the clerk’s certification with the legislative body.
  •   c. Not more than forty (40) days after the certification of a petition and remonstrance, if any, the township legislative body shall compare the petition and any remonstrance.
  •   d. When 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. Not more than ten (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 in the office of the county recorder in the county where the administrative office of the public library is located and with the Indiana State Library. The expansion is effective as of the date the written resolution is filed.
  •   e. When an equal or greater number of registered voters have signed a remonstrance against the establishment of an expanded library district than the number who has signed the petition in favor of the expansion, the legislative body shall dismiss the petition. Another petition to establish the expanded library district may not be initiated until one (1) year after the date the legislative body dismissed the latest unsuccessful petition.

EXPANSION OF CLASS I LIBRARY INTO MORE THAN ONE TOWNSHIP IC 20-14-5.1
Class I public libraries that seek to expand into more than one township of a county by an alternative method to the method under IC 20-14-5 must complete the following steps:

Option I:

The library board may file a proposed expansion with the legislative body of the county. The proposal must state that the public library seeks to combine with more than one (1) township or parts of more than one (1) township not being taxed for public library service to form a single library district. Except as provided in IC 20-14-5.1-3 (Option II below), when a legislative body of a county receives a proposal of expansion, the legislative body may agree to the expansion proposal by written resolution.

Option II:

  • 1. When a library board presents the legislative body of a county with a proposal of expansion and an intent to file a petition for acceptance of the proposal of expansion, within ten (10) days after the filing of the proposed expansion, the county auditor shall publish notice of the proposal of expansion in the manner provided in IC 5-3-1 in a newspaper of general circulation in the county. Beginning the first day after the notice is published, and during the period that ends sixty (60) days after the date of the publication of the notice, a person who is a registered voter of the township or part of the township may sign one (1) or both of the following:
  •   a. A petition for acceptance of the proposal of expansion.
  •   b. A remonstrance petition in opposition to the proposal of expansion.
  • 1.
  •   a. Registered voters shall file a petition or a remonstrance, if any, with the clerk of the circuit court in the county where the townships are located. A petition for acceptance of the proposal of expansion must be signed by at least twenty percent (20%) of the registered voters of the townships or parts of the township, as determined by the most recent general election.
  •   b. The clerk of the circuit court shall complete the certification as required under IC 20-14-5.1-4(4) not more than fifteen (15) days after the petition or remonstrance is filed. The clerk shall establish a record of certification in the clerk’s office and shall file the original petition, the original remonstrance, if any, and a copy of the clerk’s certification with the legislative body.
  •   c. Not more than forty (40) days after the certification of a petition and remonstrance, if any, the county legislative body shall compare the petition and any remonstrance.
  •   d. When a remonstrance has not been filed or a greater number of voters have signed the petition than have signed the remonstrance, the county legislative body shall agree to the expansion by written resolution. Not more than ten (10) days after the written resolution establishing an expanded library district is adopted, the legislative body shall submit a copy of the resolution to be filed in the office of the county recorder in each county where the library district is located and with the Indiana State Library. The expansion is effective as of the date the written resolution is filed.
  •   e. When an equal or greater number of registered voters have signed a remonstrance against the establishment of an expanded library district than the number who has signed the petition in favor of the expansion, the legislative body shall dismiss the petition. Another petition to establish the expanded library district may not be initiated until one (1) year after the date the legislative body dismissed the latest unsuccessful petition.

DECIDING WHETHER TO REQUEST A NEW MAXIMUM LEVY OR FILE FOR AN EXCESSIVE LEVY APPEAL

  • If a library is merging with a township that had its own library service, then a new taxing unit is formed. The new library district must request approval to establish a maximum levy. (See “Establishing a Maximum Levy for a New Library District” below.)
  • If the existing library district is expanding services to a township that did not previously have library services (the library is annexing the township), then the library should file an annexation excessive levy appeal to increase its current maximum levy. (See “Filing an Annexation Excessive Levy Appeal” below.)

ESTABLISHING A MAXIMUM LEVY FOR A NEW LIBRARY DISTRICT

  • 1. The library district must be established as of March 1 to levy property taxes for the ensuing year.
  • 2. The library district shall petition to be placed on a Local Government Tax Control Board agenda in June or July. Please note that the library district must appear before the Local Government Tax Control Board prior to publishing a budget for the ensuing year.
  • 3. A petition is a written request to be placed on a Local Government Tax Control Board agenda. The petition must clearly state the taxing unit’s name, county, contact information, reason for the appearance before the Control Board, and the requested Control Board hearing date. The petition can be mailed or faxed to the attention of Paige Gilpin. The mailing address and fax number are located at the top of this memo.
  • 4. Within one (1) week after petitioning, the library district shall mail ten (10) copies of the following to the Department of Local Government Finance to the attention of Paige Gilpin:
  •   a. Resolution by the legislative body approving the expansion and creation of the new library district. This information should include the name of the new library district.
  •   b. Ensuing year’s budget form 1, budget form 2, and budget form 4B..
  •   c. Detail showing specific budget increases attributable to the merger and justification as to why the increase in levy is necessary.
  •   d. Any other information that would be relevant to the merger.
  • 1.
  •   a. The Library District appears before the Local Government Tax Control Board for a recommendation on the requested maximum levy.
  •   b. The Library District may advertise the ensuing year’s budget after attending the Local Government Tax Control Board hearing.
  •   c. The Commissioner of the Department of Local Government Finance will make the final determination regarding the maximum levy. The library district will receive a written order in the mail of the Commissioner’s decision.

FILING AN ANNEXATION EXCESSIVE LEVY APPEAL

  • 1. The annexation must have occurred as of March 1 to levy additional property taxes for the ensuing year.
  • 2. The library must file an excessive levy appeal application with the Department of Local Government Finance (Indianapolis office) on or before September 19.
  • 3. The library must include ten (10) copies of the following information with the appeal application:
  •   a. Ensuing year’s maximum levy sheet.
  •   b. Ensuing year’s budget proof of publication.
  •   c. Budget Form 1, Form 2 and Form 4B.
  •   d. Resolution from legislative body approving the expansion (annexation).
  •   e. Resolution from the library board approving the filing of the excessive levy appeal.
  • 1.
  •   a. The Library District appears before the Local Government Tax Control Board for a recommendation on the requested appeal.
  •   b. The Commissioner of the Department of Local Government Finance will make the final determination regarding the appeal. The library district will receive a written order in the mail of the Commissioner’s decision.