182.140. Petition for library tax--rate--election--funds, management and disbursement--increase in rate, procedure--reconsideration.
Petition for library tax--rate--election--funds, management anddisbursement--increase in rate, procedure--reconsideration.
182.140. 1. Whenever voters equal to five percent of thetotal vote cast for governor at the last election in any citypetition the mayor, common council or other proper governing bodyin writing asking that an annual tax be levied for theestablishment and maintenance of a free public library in thecity, and specify in their petition a rate of taxation on all thetaxable property in the city, the governing body shall directthat the question be submitted to the voters of the city at anelection. The order of the governing body and the notice shallspecify the name of the city and the rate of taxation mentionedin the petition.
2. The question shall be submitted in substantially thefollowing form:
Shall there be a tax of ............... (insert amount) oneach one hundred dollars assessed valuation for a public library?
3. If, from returns of the election, the majority of allthe votes cast on the question are in favor of the tax, thegoverning body shall enter of record a brief recital of thereturns and that there has been established a public library andthereafter the free public library shall be established, andshall be a body corporate, and known as such.
4. The tax specified in the notice, subject to theprovisions of this section, shall be levied and collected, fromyear to year, in like manner with other general taxes of thecity. The proceeds of the levy, together with all interestaccruing on same, with library fines, collections, bequests anddonations in money, shall be deposited in the city library fund.At least once in every month the proper city finance officershall pay over to the treasurer of the library district allmoneys received and collected for the city library fund,including interest on such moneys, and shall take duplicatereceipts from the treasurer, one of which he shall file with thesecretary of the library district and the other of which he shallfile in his settlement with the city governing body.
5. In case the proposed tax is sought as an increased taxfor the maintenance of a free public library already establishedover a lesser tax rate theretofore voted and adopted, then suchfact shall be recited in the petition and the notice of theelection or whenever the city library board of trustees finds itappropriate it may order an election on the question ofincreasing the tax established pursuant to this section. Noticeof the election shall be published in the same manner as isnotice of an election to establish a city library district underthis section. The notice and order shall each recite the amountof the proposed increase.
6. The question shall be submitted in substantially thefollowing form:
Shall there be a tax increase of ............... (insertamount) over the present ...... tax for the public library?
7. If a majority of all the votes cast on the question isfor the tax submitted, the tax specified in the notice shall belevied and collected in like manner with other general taxes ofthe city, and shall be known as and become a part of the "CityLibrary Fund" and be administered as provided in section 182.200.
8. The tax may be reconsidered whenever the voters of thecity determine by a majority vote given at an election.
9. Notwithstanding any other provisions of this chapter tothe contrary, any city may establish, operate and maintain a freepublic library in accordance with the provisions of this sectionif the city is located within the boundaries of a county librarydistrict that has been established, but has not levied andcollected a library tax pursuant to section 182.020 within a yearof when the county library district was first established.
10. The authority granted by this section shall be inaddition to those powers granted in section 94.400, RSMo.
(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