182.291. City-county library, how organized--board of trustees, duties--effect of merger on assets and liabilities--funds, how handled--budget required.
City-county library, how organized--board of trustees, duties--effectof merger on assets and liabilities--funds, how handled--budgetrequired.
182.291. 1. After the establishment of a county librarydistrict as provided in section 182.010, the board of trusteesof any city library within the county, which city has a librarytax levy equal to that levied for the county library district,and which county library district has a population of under twohundred and fifty thousand, with the prior approval of thegoverning body of the city, may petition the county governingbody to permit the organization of a city-county library toprovide library service to the residents of the county byappropriate means from the city library.
2. After the county library board has been appointed asprovided in section 182.050, the county library board maypetition the county governing body to permit the organization ofa city-county library which shall provide library service to theresidents of the county by appropriate means from the citylibrary. Within thirty days after receiving the petition thecounty governing body shall notify the county library board andthe city library board of its decision by order of record. Ifthe petition is approved, the city-county library shall bedeemed established; but if the petition is denied, the partiesmay proceed as provided in sections 182.010 to 182.120.
3. The city-county library shall be under the control andsupervision of a board of trustees of nine members. If thepopulation of the county is larger than that of the city, thecounty governing body shall appoint five members of the libraryboard. If the population of the county is less than that of thecity, the county governing body shall appoint four members ofthe library board. If the population of the city is larger thanthat of the county, the mayor of the city shall appoint fivemembers to the library board. If the population of the city isless than that of the county, the mayor shall appoint fourmembers to the library board. The members shall serve a term ofthree years and until their successors are appointed andqualified in the same manner as their predecessors; except that,the original members shall serve terms ranging from one to threeyears to be determined by the board at its first meeting.Immediately upon their appointment, the board shall organize asprovided in section 182.060; and thereupon the city board shallcease to exist and shall turn over all property, books andrecords to the city-county board.
4. All unexpended funds of the preexisting separate cityand county library districts shall be deposited by thecustodians thereof with the city treasurer immediately upon theissuance of the county governing body's approval of thepetition.
5. For all tax purposes, including levies and adjustmentsthereof, the city library district shall become a part of thecounty library district at the beginning of the next fiscal yearafter the merger and the property within the city librarydistrict shall be treated as within the county library districtfor all such purposes; except, until the city library districtshall become a part of the county library district the levy andcollection of taxes shall be made as though no merger had takenplace, so that the levy and collection of taxes shall be withoutinterruption, and during that period no change in the levy shalltake place. The funds collected shall be turned over to thecity treasurer immediately upon collection.
6. All of the real and personal property and all of theobligations of the preexisting separate city and county librarydistricts shall, without further action, become the property andobligations of the merged city-county library district, whichshall have an official name composed of the name of the city,followed by the name of the county and followed by the words"County Library District".
7. The merged district, and the librarian, officials andboard thereof, shall have all of the rights, powers,responsibilities, and privileges granted county librarydistricts by the laws of the state of Missouri and shall begoverned by such laws, as though the merged districts were acounty library district, except:
(1) Where such laws are inconsistent with this section;
(2) The treasurer of the board of trustees of the librarydistrict shall receive and be the custodian of all moneys,belonging to the district from whatever source derived. Suchfunds shall be audited annually. At least once in every monththe proper finance officer shall pay over to the treasurer ofthe library district all moneys received and collected for thefund, including interest on such moneys, and take duplicatereceipts from the treasurer, one of which he shall file with thesecretary of the library district and the other of which heshall file in his settlement with the proper governing body;
(3) The library board shall prepare a budget for eachfiscal year and all expenditures shall conform to such budget.The budget shall be prepared and approved by the library boardand made available to the members of the governing body of thecity and the members of the county governing body sixty daysbefore the beginning of each fiscal year, except the firstbudget of the merged district shall be prepared forthwith and sodelivered after the merger.
(L. 1955 p. 555 § 182.230, A.L. 1972 S.B. 583, A.L. 1976 H.B. 1021, A.L. 1985 S.B. 152, A.L. 1990 H.B. 1393)