Section 182.620

Title XI EDUCATION AND LIBRARIES

Chapter 182

Effective - 28 Aug 1978   

  182.620.  Consolidation — resolution — election — form of ballot — transfer of property. — 1.  A consolidated public library district may be created by resolution, duly acted upon, by the governing boards of two or more county public library districts.  After the districts have each resolved to form a consolidated public library district, they shall apply to the county commissions or county chief executive officers of the county districts served by the districts being consolidated.  Upon approval of the consolidation by the appropriate county commissions or county executive officers, legal notice that the consolidated public library district has been created, and containing the names of the districts and members of the governing boards creating it, the names of the trustees of the consolidated public library district, the name of the consolidated public library district, the area to be served, the date of its creation and the location of its principal business office shall be published in newspapers of general circulation in the county districts to be served by the consolidated public library district.  Notice shall also be filed with the Missouri state library commission.

  2.  Whenever five percent of the voters of each of any two or more county library districts sign a petition, and file it with their appropriate county commissions or county executive officers requesting submission of the question of permitting the county library districts to create a consolidated public library district under section 182.610, the county commissions or county executive officers shall submit the question to the voters at an election.  The total vote for governor at the last general election before the filing of the petition whereat a governor was elected shall be used to determine the number of voters necessary to sign the petition.

  3.  The question shall be submitted in substantially the following form:

Shall the ______ county public library district and the ______ county public library district be consolidated and the ______ public library district be created?

  4.  If a majority of the voters voting on the question vote for the question in each of the counties taken separately, it shall be deemed to have been adopted, but if it fails to receive a majority in any one or more of the counties, it shall be deemed to have failed.  The board of election commissioners of each county shall canvass the certified abstracts and notify the presiding commissioner or county executive officer of each of the county commissions of the results within twenty days of receipt of the certified abstracts.

  5.  Within thirty days following the notification of the election authority of adoption of the question by a majority vote or within thirty days following the adoption of the resolution, the taxing authorities and the boards of trustees of the county library districts affected shall take appropriate action transferring all title and interest in all property, both real and personal, in the name of the county public library district to the board of trustees of the consolidated public library district.  Upon the transfer of such title and interest, the property shall become the property of and subject to the exclusive control of the consolidated public library district.

­­--------

(L. 1972 H.B. 1114, A.L. 1978 H.B. 971)