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Establishment of Public Libraries

"It is hereby declared to be the policy of the state, as part of its provision for public education, to promote the establishment and development of public library service throughout its various subdivisions." RCW 27.12.020

The legal authority and the process for establishing libraries are described in the Revised Code of Washington:

"Any governmental unit has power to establish and maintain a library, either by itself or in cooperation with one or more other governmental units." RCW 27.12.025

"A library may be established in any county, city, or town either (1) by its legislative body of its own initiative; or (2) upon the petition of one hundred taxpayers of such a governmental unit, the legislative body shall submit to a vote of the qualified electors thereof, at the next municipal or special election held therein (in the case of a city or town) or the next general election or special election held therein (in the case a of a county), the question whether a library shall be established; and if a majority of the electors voting on the question vote in favor of the establishment of a library, the legislative body shall forthwith establish one." RCW 27.12.030

In addition, RCW 27.12.360 - RCW 27.12.400 provide the process that enables a city or town to annex with a district for library services.

The tax-supported public library is a legal entity guided by a board of trustees whose powers and duties are described Library Trustees - Overview. All trustees are obliged to read and understand the federal, state, and local laws and regulations that govern their library as well as the more general laws that apply. Board members should thoroughly understand the extent of their legal authority and responsibilities.

General definitions

How do types of public libraries differ?

Speaking very broadly, there are two primary categories of public libraries in Washington - the library district and the municipal library. There are several types of library districts and various types of municipalities. The Map of Public Library Service provides an overview of the various types of libraries found throughout the state of Washington. The following summaries present an overview of library districts and municipal libraries.

Intercounty Rural Library District

RCW 27.12.010(2): "… a municipal corporation organized to provide library service for all areas outside of incorporated cities and towns within two or more counties:  PROVIDED, That any city or town meeting the population requirements of RCW 27.12.360 may be included therein as provided in RCW 27.12.360 through 27.12.390.

Establishment

Established by one of two possible ways:

• Proposal to form new district in unincorporated areas of such counties is approved at a special or general election by majority of voters in each of 2 or more counties wishing to form such a district following:
  • Adoption of identical resolutions to form new district by boards of county commissioners of each county; or
  • Petition of support for establishment of new library district is signed by 10% of registered voters residing in unincorporated areas of each county; or
• County commissioners of 2 or more counties, meeting in joint session attended by a majority of county commissioners of each county adopt a resolution to form such a district by majority vote of those present.

See also RCW 27.12.100.

Annexation/Expansion

• An existing rural county library district may be expanded into an intercounty rural library district; or
• An established intercounty rural library district may be expanded to include additional counties by joint action of all counties included in the proposed expanded district.

See also RCW 27.12.110.

Any city or town with a population of 300,000 or less at the time of annexation may become a part of any intercounty rural library district lying contiguous to it by annexation as follows:

• An ordinance for annexation is submitted to the library board of the city or town for review and recommendations. If no library board exists in the city or town, the state library shall be notified of the proposed ordinance;
• The legislative authority of a city or town desiring annexation adopts the ordinance stating its intent to join the library district;
• If the board of trustees of the library district agrees to the annexation, notification is transmitted to the legislative authority or authorities of the counties of the city or town to be annexed.

See also RCW 27.12.360.

Disposition of Property

Books, funds, and other property shall be divided among the participating counties as equitably as possible, determined by the state librarian, who gives consideration to such items as the original source of property, the amount of funds raised from each county by the district, and the ability of the counties to make further use of such property or equipment for library purposes. Printed material that will not be used by any of the participating counties for further library purposes shall be turned over to the state library.

See also RCW 27.12.320.

Dissolution/Withdrawal/Reannexation

Library district may be dissolved after it has been in operation for 3 or more years provided that:

• A petition by at least 10% of registered voters in service area to dissolve library district is filed with the board of trustees of the district at least 90 days before a general election that includes the proposition on the ballot;
• A proposition is approved by a majority of registered voters living within the service area.

Note: Provisions are made for withdrawal from a library district as well as reannexation after an area has been withdrawn from the boundaries of a library district in RCW 27.12.355.

See also RCW 27.12.320.

Island Library District

RCW 27.12.010(3): "… a municipal corporation organized to provide library service for all areas outside of incorporated cities and towns on a single island only, and not all of the area of the county, in counties composed entirely of islands and having a population of less than twenty-five thousand at the time the island library district was created:  PROVIDED, That any city or town meeting the population requirements of RCW 27.12.360 may be included therein as provided in RCW 27.12.360 through 27.12.390" (i.e., RCW 27.12.370, RCW 27.12.380, and RCW 27.12.390)

Establishment

• Petition, signed by at least 10% of registered voters in the unincorporated area of the island, asking that a proposal to create an island library district be submitted to a vote of the people of the island, is filed with the board of county commissioners;
• The board of county commissioners, after verifying the petition, places proposition on the ballot for the next general or special election;
• If majority approves proposition, the board of county commissioners declares the island library district to be established.

See also RCW 27.12.400.

Annexation/Expansion

Any city or town with a population of 300,000 or less at the time of annexation may become a part of any island library district lying contiguous to it by annexation as follows:

• An ordinance for annexation is submitted to the library board of the city or town for review and recommendations. If no library board exists in the city or town, the state library shall be notified of the proposed ordinance;
• The legislative authority of a city or town desiring annexation adopts the ordinance stating its intent to join the library district;
• If the board of trustees of the library district agrees to the annexation, notification is transmitted to the legislative authority or authorities of the counties of the city or town to be annexed.

See also RCW 27.12.360.

Disposition of Property

Books and other printed materials belonging to the library shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct.

If an island library district is dissolved due to the establishment of a county library district, pursuant to RCW 27.12.450, all property, assets, and liabilities of the preexisting island library district within the area included in the county rural library district shall pass to and be assumed by the county rural library district:

PROVIDED that in cases where the preexisting island library district has incurred a bonded indebtedness that was outstanding when the country rural library district was formed, the preexisting island library district shall retain its corporate existence as is necessary untill that indebtedness is paid in full.

PROVIDED FURTHER, that a special election may be called for by the board of trustees of the county rural library district, to be held at the next general or special election, to allow voters residing within the area outside of the preexisting island library district the opportunity to assume the obligation of the bonded indebtedness of the preexisting island library district. Such a proposition may be submitted to the voters as a separate proposition at the election on the proposal for the formation of the county rural library district.

See also RCW 27.12.320.

Dissolution/Withdrawal/Reannexation

An island library district that serves a single island in a county shall be dissolved if a rural county library district serving all unincorporated areas of the county is established.

An island library district may also be dissolved after it has been in operation for 3 or more years provided that:

• A petition by at least 10% of registered voters in service area to dissolve library district is filed with the board of trustees of the district at least 90 days before a general election that includes the proposition on the ballot;
• A proposition is approved by a majority of registered voters living within the service area.

Note: Provisions are made for withdrawal from a library district as well as reannexation after an area has been withdrawn from the boundaries of a library district in RCW 27.12.355.

See also RCW 27.12.450; RCW 27.12.320.

Municipal Library

Establishment

• By city government; or
• By petition of 100 taxpayers followed by majority vote at the next municipal or special election.

See also RCW 27.12.030.

Annexation/Expansion

May annex any city or town with a population of 100,000 or less at the time of annexation (RCW 27.12.010(8)) and adjacent unincorporated territory in the county.

See also RCW 27.12.470.

Disposition of Property

Books and other printed or written materials belonging to the library shall go to the library of the county in which the municipality is located. Lacking a county library, such materials will go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct.

See also RCW 27.12.320.

Dissolution/Withdrawal/Reannexation

By vote of registered voters within the governmental unit in which the library is located as prescribed in RCW 27.12.030.

See also RCW 27.12.320; RCW 27.12.380.

Regional Library

RCW 27.12.010 (6): "… a free public library maintained by two or more counties or other governmental units as provided in RCW 27.12.080"

Note: Although many library systems in Washington are popularly called "regional libraries," most are in fact either rural library districts or intercounty rural library districts under Washington law.

Establishment

By action of their county commissioners, two or more counties or other units of government join in establishing and maintaining under terms of a contract. (See also Interlocal Cooperation Act, RCW 39.34.)

See also RCW 27.12.080.

Disposition of Property

Books and printed materials belonging to the library shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct.

See also RCW 27.12.320.

Dissolution/Withdrawal/Reannexation

Library district may be dissolved after it has been in operation for 3 or more years provided that:

• A petition by at least 10% of registered voters in service area to dissolve library district is filed with the board of trustees of the district at least 90 days before a general election that includes the proposition on the ballot;
• A proposition is approved by a majority of registered voters living within the service area.

See also RCW 27.12.320.

Rural County Library District

RCW 27.12.010 (7): "… a library serving all the area of a county not included within the area of incorporated cities and towns:  PROVIDED, That any city or town meeting the population requirements of RCW 27.12.360 may be included therein as provided in RCW 27.12.360 through 27.12.390" (i.e., RCW 27.12.370 , RCW 27.12.380, and RCW 27.12.390)

Establishment

• Petition is signed by at least 10% of registered voters in the area who voted in the last general election. The petition may include a proposed initial maximum levy rate;
• After confirming the petition, the county legislative authority places proposition to establish the library on ballot for the next general or special election; The ballot must include the proposed initial maximum levy rate if that had been specified in the petition;
• If majority approves proposition, county legislative authority declares rural county library district to be established

See also RCW 27.12.040.

Annexation/Expansion

Any city or town with a population of 300,000 or less at the time of annexation may become a part of any rural county library district lying contiguous to it by annexation as follows:

• An ordinance for annexation is submitted to the library board of the city or town for review and recommendations. If no library board exists in the city or town, the state library shall be notified of the proposed ordinance;
• The legislative authority of a city or town desiring annexation adopts the ordinance stating its intent to join the library district;
• If the board of trustees of the library district agrees to the annexation, notification is transmitted to the legislative authority or authorities of the counties of the city or town to be annexed.

See also RCW 27.12.360.

Disposition of Property

Books and other printed materials belonging to the library shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct.

See also RCW 27.12.320.

Dissolution/Withdrawal/Reannexation

Library district may be dissolved after it has been in operation for 3 or more years provided that:

• A petition by at least 10% of registered voters in service area to dissolve library district is filed with the board of trustees of the district at least 90 days before a general election that includes the proposition on the ballot;
• A proposition is approved by a majority of registered voters living within the service area.

Note: Provisions are made for withdrawal from a library district as well as reannexation after an area has been withdrawn from the boundaries of a library district in RCW 27.12.355.

See also RCW 27.12.320.

Rural Partial-County Library District

RCW 27.12.010 (8): "… a municipal corporation organized to provide library service for a portion of the unincorporated area of a county.  Any city or town located in the same county as a rural partial-county library district may annex to the district if the city or town has a population of one hundred thousand or less at the time of annexation."

Establishment

May be created in a portion of the unincorporated area of a county if a rural county library district, intercounty rural library district, or island library district has not already been created in the county.

• Petition, signed by at least 10% of registered voters residing in area to be included in rural partial-county library district, is filed with the county auditor, who verifies the petition;
• After petitions are certified as having sufficient valid signatures, the county legislative authority holds a public hearing on the proposed district. At such time, the county legislative authority may adjust the boundaries of the proposed district and may submit a ballot proposition to the voters of the proposed district;
• If additional territory is added to the proposed district by action of the county legislative authority, a public hearing is held;
• The rural partial-county library district is created if a simple majority approves the ballot proposition.

See also RCW 27.12.470.

Annexation/Expansion

May annex any city or town with a population of 100,000 or less at the time of annexation (RCW 27.12.010(8)) and adjacent unincorporated territory in the county.

See also RCW 27.12.470.

Dissolution/Withdrawal/Reannexation

By vote of registered voters within the governmental unit in which the library is located as prescribed in RCW 27.12.030.

See also RCW 27.12.320.

Interlocal Cooperation Act

The Interlocal Cooperation Act (RCW 39.34) authorizes public agencies to contract with other public agencies to perform governmental activities and deliver public services.  Under RCW 39.34.030, a public library can contract with another local agency for services as long as both entities have the inherent authority to provide the service.  Critical components to be included in such agreements are defined by RCW 29.34.030(3) and include:

• The purpose(s) of the agreement;
• The duration of the agreement;
• The precise organization, composition, and nature of the resulting entity that may be created by the agreement;
• The powers delegated to such an entity;
• How the joint or cooperative undertaking will be financed;
• How the budget is created and maintained;
• Procedure to terminate agreement, either partially or completely;
• The disposition of property in the event of partial or complete termination.

The Attorney General of Washington has weighed in on code cities that are not located within a library district entering into interlocal agreements. This informal opinion references RCW 27.12.180 and RCW 35A.27.010

You have a library district—now what do you do?

Your proposal to create a new library district has been approved by the voters.  Now the real work begins:

1. Certify the new district to the county and the Washington State Department of Revenue by August 1 if the district boundaries have changed; or  October 1 if it has the same boundaries. See also RCW 84.09.030; WAC 458-12-140.
• How: The county assessor sends a letter certifying the new boundaries, with a copy of the voter-approved ballot resolution to the Department of Revenue, Property Tax Division.
• Why: To be able to collect taxes in the next succeeding year.
2. Library board members appointed.
• How: Varies, depending on type of library. Specifics on the procedure to select library board members may be found in Library Trustees - Overview.
• Why: After the new library district is established, the library board should meet as soon as possible to:
  • Write and adopt bylaws to guide the work of the library board;
  • Elect officers;
  • Set up a regular schedule for board meetings;
  • Read and review duties and responsibilities set out in the Trustee Wiki of the Washington State Library;
  • Plan for library services, including the hiring of a library director;
  • Determine how to fund services for the first year of library operations and develop a preliminary budget.
3. Determine interim funding sources.
   • How: Included as part of the library board's budget planning. New districts may choose to use a combination of the following options:
     • Obtaining a line of credit from a bank;
     • Raising funds from the local community;
     • Delaying significant cost-incurring activities until funds are available;
     • Obtaining funds from a local or regional foundation or other philanthropic organization.
   • Why: To cover the expenses of the library district between the time the district is certified and the time when the first property taxes are received.
4. Select an approach to providing library services.
• How: Depending on the size of the district, the geographic location, and the type of library, several options are available, including:
  • Contracting with an existing local city library;
  • Contracting with another district library;
  • Establishing library service from the ground up.
• Why: To ensure a cost-effective and locally appropriate approach to meet the needs of the district.
5. Determine what the process will be to create the plan for providing library services.
• How: Based on funds available, the governance structure, the needs of the area, and the availability of personnel, alternatives for assistance in developing library services could include:
  • Hiring a new library director to help the board plan and set up the services;
  • Contracting with a local or regional librarian or library director to assist part-time in the initial planning;
  • Hiring an independent library consultant or several consultants, depending on their subject specialties, to assist in the initial planning;
  • Asking a local planner or library board member to assist in the initial planning process.
  Note:  New districts will probably want to use a combination of the above options in their planning process.
• Why: To ensure a cost-effective and locally appropriate approach to meet the needs of the district.
6. Prepare a preliminary budget.
• How: The library board prepares a preliminary budget which should include adequate funds for:
  • Staff salaries and benefits;
  • Contracts for library services;
  • Facilities maintenance;
  • Collections - both print and electronic;
  • Technology - both hardware and software;
  • Telecommunications;
  • Utilities.
• Why: Ensure sufficient funds to provide effective library service.
7. Set a tax levy rate.
• How: The library board must adopt a property tax levy rate and submit it to the county legislative body;
  • Most new districts select to set the initial rate at, or very close to, the maximum amount allowed by law. If the board chooses a lower rate, it should have carefully analyzed the amount of money needed to provide effective library services to its residents.
• Why: The tax levy rate will insure the district has sufficient funds to provide effective library service. If the tax rate is set too low initially, the new district may not be able to meet the needs and expectations of the voters of the new district, nor can it expand to meet the future needs of new residents. Once the rate is set, it cannot be raised without a vote of the people.
8. Adopt an official budget.
• How: Official budget is adopted at a public meeting.
• Why: Funding for library services is approved by the public.
9. Determine timing for receipt of property taxes.
   • How: The board needs to take into account:
     • The date the boundaries are set for the district;
     • When the tax levy is approved;
     • Method in which the county treasurer transfers funds realized from taxes to the taxing districts.
     Note: Some counties transfer property taxes daily rather than pay interest to the districts for the time the revenues are held prior to distribution.
     

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