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Library Expansion

Library Expansion. I.C. § 36-12-5 Presented by: Sylvia Watson, Indiana State Library. Two Options (I.C. §36-12-5-1). Expansion of Library District May Occur by: Legislative Body Passing Resolution -OR- Petition & Remonstrance Process Petition and Remonstrance Process is recommended!.

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Library Expansion

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  1. Library Expansion I.C. § 36-12-5 Presented by: Sylvia Watson, Indiana State Library

  2. Two Options (I.C. §36-12-5-1) Expansion of Library District May Occur by: • Legislative Body Passing Resolution -OR- • Petition & Remonstrance Process Petition and Remonstrance Process is recommended!

  3. https://www.in.gov/library/4632.htm

  4. Option 1 – Expansion By Resolution • Library board files Expansion Resolution with the un-served township's Trustee and legislative body if the proposal involves one township (I.C. §36-12-5-2) -OR- • Library board files Expansion Resolution with the legislative body of a county if the proposal involves more than one township (I.C. §36-12-5-5)

  5. Option 1 – Expansion By Resolution, ctd. 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

  6. 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. § I.C. 36-12-5-3(f) or §36-12-5-6(f))

  7. Option 2 – Expansion by Petition • Library board files Expansion Resolution & Intent to File Petition with the un-served township's Trustee and legislative body if the proposal involves one township (I.C. §36-12-5-3) -OR- • Library board files Expansion Resolution & Intent to File Petition with the legislative body of a county if the proposal involves more than one township (I.C. §36-12-5-6)

  8. 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)

  9. Sample Notice for Expansion into 1 Township NOTICE OF PROPOSED LIBRARY EXPANSION: Residents of ________________ Township in _________________ County are hereby notified that a proposal for library district expansion has been filed with the Township Trustee and Township Board. The proposal, if accepted, will expand the _______________ Public Library district to include ________________ Township. Any registered voter of __________________ Township in __________________ County may, within sixty (60) days after publication of this notice, sign a petition for acceptance of the proposed expansion or a remonstrance in opposition to the proposed expansion, or both. A registered voter of ____________ Township may file a petition or a remonstrance with the clerk of the ________________ County Circuit Court, subject to the requirements of IC 36-12-5.

  10. Sample Notice for Expansion into Multiple Townships NOTICE OF PROPOSED LIBRARY EXPANSION: Residents of ________________, _______________, and _______________ Townships, in _________________ County are hereby notified that a proposal for library district expansion has been filed with the ________________ County Commissioners. The proposal, if accepted, will expand the ___________________________ Public Library district to include _____________, ____________, and __________ Townships. Any registered voter of __________________, _______________, or ____________ Township in __________________ County may, within sixty (60) days after publication of this notice, sign a petition for acceptance of the proposed expansion or a remonstrance in opposition to the proposed expansion. A registered voter of an affected township may file a petition or a remonstrance with the clerk of the ________________ County Circuit Court, subject to the requirements of IC 36-12-5.

  11. Option 2 – Expansion by Petition, ctd. • Beginning the first day after the notice is published, and for the next 60 days, an individual who is a registered voter of the affected township(s) subject to expansion may sign one or both of the following: • A petition for acceptance of the Expansion Proposal • Remonstrance in opposition of the expansion (I.C. §36-12-5-3 & I.C. §36-12-5-6)

  12. Option 2 – Expansion by Petition, ctd. • Sample Petition (tailor to fit your situation): http://www.in.gov/library/4632.htm

  13. 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)

  14. Option 2 – Expansion by Petition, ctd. http://www.in.gov/library/4632.htm

  15. 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. 36-12-5-3 or I.C. 36-12-5-6)

  16. 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. 36-12-5-3 or I.C. 36-12-5-6) • The expansion is effective as of the date the written resolution is filed. (I.C. 36-12-5-3 or I.C. 36-12-5-6)

  17. 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

  18. Determining New Tax Rate http://www.in.gov/library/files/Library_expansion_-_quick_guide_-_12-21-10.pdf

  19. Questions? Contact: Sylvia Watson Legal Consultant & Counsel to the Indiana State Library (Ph)  317.232.3735 sywatson@library.IN.gov

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