Section 182.140

Title XI EDUCATION AND LIBRARIES

Chapter 182

Effective - 28 Aug 1987   

  182.140.  Petition for library tax — rate — election — funds, management and disbursement — increase in rate, procedure — reconsideration. — 1.  Whenever voters equal to five percent of the total vote cast for governor at the last election in any city petition the mayor, common council or other proper governing body in writing asking that an annual tax be levied for the establishment and maintenance of a free public library in the city, and specify in their petition a rate of taxation on all the taxable property in the city, the governing body shall direct that the question be submitted to the voters of the city at an election.  The order of the governing body and the notice shall specify the name of the city and the rate of taxation mentioned in the petition.

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

Shall there be a tax of ______ (insert amount) on each one hundred dollars assessed valuation for a public library?

  3.  If, from returns of the election, the majority of all the votes cast on the question are in favor of the tax, the governing body shall enter of record a brief recital of the returns and that there has been established a public library and thereafter the free public library shall be established, and shall be a body corporate, and known as such.

  4.  The tax specified in the notice, subject to the provisions of this section, shall be levied and collected, from year to year, in like manner with other general taxes of the city.  The proceeds of the levy, together with all interest accruing on same, with library fines, collections, bequests and donations in money, shall be deposited in the city library fund.  At least once in every month the proper city finance officer shall pay over to the treasurer of the library district all moneys received and collected for the city library fund, including interest on such moneys, and shall take duplicate receipts from the treasurer, one of which he shall file with the secretary of the library district and the other of which he shall file in his settlement with the city governing body.

  5.  In case the proposed tax is sought as an increased tax for the maintenance of a free public library already established over a lesser tax rate theretofore voted and adopted, then such fact shall be recited in the petition and the notice of the election or whenever the city library board of trustees finds it appropriate it may order an election on the question of increasing the tax established pursuant to this section.  Notice of the election shall be published in the same manner as is notice of an election to establish a city library district under this section.  The notice and order shall each recite the amount of the proposed increase.

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

Shall there be a tax increase of ______ (insert amount) over the present ______ tax for the public library?

  7.  If a majority of all the votes cast on the question is for the tax submitted, the tax specified in the notice shall be levied and collected in like manner with other general taxes of the city, and shall be known as and become a part of the "City Library Fund" and be administered as provided in section 182.200.

  8.  The tax may be reconsidered whenever the voters of the city determine by a majority vote given at an election.

  9.  Notwithstanding any other provisions of this chapter to the contrary, any city may establish, operate and maintain a free public library in accordance with the provisions of this section if the city is located within the boundaries of a county library district that has been established, but has not levied and collected a library tax pursuant to section 182.020 within a year of when the county library district was first established.

  10.  The authority granted by this section shall be in addition to those powers granted in section 94.400.

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(RSMo 1939 § 14752, A.L. 1943 p. 638, A.L. 1945 p. 1127, A.L. 1955 p. 555, A.L. 1961 p. 404, A.L. 1974 H.B. 1643, A.L. 1976 H.B. 1021, A.L. 1978 H.B. 971, A.L. 1985 S.B. 152, A.L. 1987 H.B. 179 & 307)

Prior revisions: 1929 § 13448; 1919 § 7191; 1909 § 8187