Establishment of Public Libraries

Modified on 2020/11/09 16:48 by Jeremy Stroud — Categorized as: Establishment

"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

As provided in RCW 27.12.010:
Governmental unit
(1) "…any county, city, town, rural county library district, intercounty rural library district, rural partial-county library district, or island library district"
Legislative body
(4) "…the body authorized to determine the amount of taxes to be levied in a governmental unit; in rural county library districts, in intercounty rural library districts, and in island library districts, the legislative body shall be the board of library trustees of the district"
Library
(5) "…a free public library supported in whole or in part with money derived from taxation"

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:

See also RCW 27.12.100.

Annexation/Expansion

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:

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:

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

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:

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:

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

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:

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

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:

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:

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.

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 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.
  2. Library board members appointed.
  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.
  5. Determine what the process will be to create the plan for providing library services.
  6. Prepare a preliminary budget.
  7. Set a tax levy rate.
  8. Adopt an official budget.
  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.

Frequently asked questions

When are special elections held?

A county legislative authority may call a special county election by presenting a resolution to the county auditor prior to the proposed election date. The special election is then held on one of the following dates, determined by the governing body:

  • 2nd Tuesday in February;
  • 4th Tuesday in April;
  • The day of the primary as specified by RCW 29A.04.311; or
  • 1st Tuesday after the 1st Monday in November.

See also RCW 29A.04.321; RCW 29A.04.330

Who pays for special elections?

Every city, town, and district is liable for its proportionate share of the costs when such elections are held in conjunction with other elections held under RCW 29A.04.321 and RCW 29A.04.330.

Whenever any city, town, or district holds any primary or election, general or special, on an isolated date, all costs of such elections must be borne by the city, town, or district concerned. See also RCW 29A.04.410

The expense of all such elections shall be paid for out of the funds of such district. See also RCW 57.24.050

What are requirements for petitions for the formation of library districts?

There do not appear to be any specifics regarding what should be included in a petition. It is best to contact your County Elections Department and the County Prosecuting Attorney to determine the exact format they will accept.

A word to the wise: Be sure to confer with your County Prosecuting Attorney before printing any petitions!

Contact information for County Elections Departments in Washington State is available on the Secretary of State's Elections & Voting web page.
Contact information for County Prosecuting Attorneys is available at the Washington Association of Prosecuting Attorneys.

When do petitions need to be submitted?

When petitions must be submitted will depend upon the process at the county:

  • For a spring election, the County Commissioners must submit a resolution to the County Auditor at least 46 days before the election. The County Commissioners' office needs to be informed as to the requirements and to determine how much lead time is needed;
  • The time needed for checking the signatures will have to come from the Elections Division of the County Auditor's Office. The Elections Division should be able to determine how much time they will need to check the signatures once the petition is submitted. Some factors that could lengthen the signature check process would include:
    • Redistricting of legislative and congressional boundaries;
    • Holding of a statewide special election (e.g., statewide tax increase proposition).
  • The County Commissioner's time frame plus the County Auditor's time frame will determine the amount of time before the deadline when petitions must be submitted.

For filing and election dates, see the Washington Secretary of State's Elections Calendar.

If an election were held to form a rural county library district, would the vote on the proposition be restricted to the unserved people in the county, or would it also include those already in a partial-county rural library district?

Only those voters in the area to be annexed would vote on the proposal.
RCW 57.24.040

In the case of a Regional Library, who has the authority to bring condemnation proceedings against a property owner?

AGO 1956 No. 295 states that "… where a city and a county rural library district have joined together to establish and maintain a regional library pursuant to RCW 27.12.080, the city may condemn land for a situs for the library building within the city limits."

Does a library board have the power to sell property?

AGO 1954 No. 233 states that, according to the powers granted to library boards by RCW 27.12.210, although the library board has the power to purchase or lease property, it is not given any power to sell property.

Is there any way of transferring title to a city when property was given to, or purchased by, the library board?

AGO 1954 No. 233 states, "Since the board is given no statutory power to transfer title from itself to another, it cannot be done. Where such a power has not been granted by statute, the only way that power can be obtained is by amendment to said statutes."

Note: Opinion modified by AGO Opinion AGLO 1974 No. 101.

Does a library board have the power to dispose of surplus property belonging to a library district by selling it?

AGO Opinion AGLO 1974 No. 101 states that although a library district does not have the general power to sell its property, that "… does not mean, however, that when property is no longer needed for public use by such a district, it cannot be disposed of in some appropriate manner. … Indeed it would appear to be quite 'necessary for the orderly and efficient management and control of the library' for its board of trustees to have some mechanism for disposing of property it no longer needs. The intergovernmental disposition of property act, chapter RCW 39.33 provides one such mechanism, but it is entirely possible for the trustees to devise other mechanisms which would comply with the law regarding disposition of surplus property. It is our opinion, therefore, that a library district does have the power to sell its surplus property…. To this extent, AGO 1954 No. 233 should be deemed modified."

Who is responsible for the costs incurred in the formation election for an intercounty rural library district?

An informal AGO Opinion issued 5/8/1962, signed by Jane Dowdle Smith and addressed to Maryan E. Reynolds, states:

“We think it is clear that if the legislature had intended that library districts be liable for the costs incurred by the county in the formation election, it would have expressly provided therefor… We conclude, therefore, that a newly formed intercounty rural library district is not liable for the costs incurred in the formation election but that such costs must be borne by each county within the district. However, once the library district has been formed, the provisions of RCW 29.04.020, supra, become applicable to all other elections held by the district.”

RCW 29.04.020 has since been disposed, and the portion of code that now determines liability for election costs incurred by existing districts, such as existing intercounty rural library districts, is RCW 29A.04.410.

May a proposition for the establishment of a library district be put to the ballot at a primary election?

An informal AGO Opinion issued 8/9/1960, signed by Assistant Attorney General Jane Dowdle Smith and addressed to Maryan E. Reynolds, states:

“A primary election is not a special election… A primary election is not a general election… Accordingly, unless there is to be held a special election which is authorized by statute… the proposition must be placed upon the ballot at the general election.”

This conclusion is supported by AGO 59-60 No. 133, which finds that primary elections are neither general elections nor special elections for the purpose of setting school district levies.

How is a ballot title certified for a regional library or intercounty rural library district?

See RCW 29A.36.071

“If the local governmental unit is a city or a town, or if the ballot title is for a referendum under RCW 35.13A.115, the concise statement must be prepared by the city or town attorney. If the local governmental unit is a county, the concise statement must be prepared by the prosecuting attorney of the county. If the unit is a unit of local government other than a city, town, or county, the concise statement must be prepared by the prosecuting attorney of the county within which the majority area of the unit is located.“

Must a petition to dissolve an intercounty rural library district be signed by at least 10% of registered voters in every involved county?

An informal AGO Opinion issued 9/1/1960, signed by Assistant Attorney General Herbert H. Fuller and addressed to Prosecuting Attorney Byron E. McClanahan, states:

“The statute does not require that the petition be signed by ten percent of voters of each county comprising the district but merely ten percent or more of the voters within the entire district. Thus, it is possible that the number of signatures necessary to place the proposition on the ballot could be secured within either one of the two counties concerned, and the requirements of the statute would be met.”

The statute in question is RCW 27.12.320.

Per RCW 27.12.100, voters in an existing intercounty library district may participate, with voters outside of the district, in elections to establish a new expanded intercounty rural library district. In this case, would an existing intercounty library district dissolve if voters of that district rejected an expanded district?

An informal AGO Opinion issued 5/5/1987, signed by Assistant Attorney General Jerri Thomas and addressed to Mary Y. Moore, states:

“You have also asked whether the original district would automatically dissolve if the voters, using the petition/election method, turned down the proposal for an expanded district… In my opinion, the original district would not dissolve even if the expanded district vote was negative. The existing district would remain intact following a negative vote on expanding the district.”

If a rural partial-county library district annexes a city or town that maintains its own library, which municipal corporation owns the property of the already established library?

An informal AGO Opinion issued 12/15/1994, signed by Assistant Attorney General Jean M. Wilkinson and addressed to Mary Y. Moore, states:

“Because neither RCW 27.12.470 (relating to rural partial-county libraries) nor RCW 27.12.355 – .395 (relating to annexation by rural county libraries) state that the municipal library assets transfer to the annexing rural county or partial-county library district, the common law rule… dictates that the annexation does not trigger a change in ownership of municipal library assets.”

If an incorporated city or town with an established library is annexed to a rural partial-county library district, what happens to the city/town library board of trustees?

An informal AGO Opinion issued 12/15/1994, signed by Assistant Attorney General Jean M. Wilkinson and addressed to Mary Y. Moore, states:

“When a rural county library district annexes a municipal library, the municipal library becomes ‘a part’ of the rural county library district. By operation of RCW 27.12.470, annexation by a rural partial-county library district has the same effect: the municipal library becomes ‘a part’ of the rural partial-county library district. In other words the municipal library ceases to exist as an independent entity. There is therefore no independent municipal library to be governed by the city or town board of library trustees… I know of no statutory reason for the city/town board of trustees to remain in existence. However, there is nothing to preclude a former municipal library trustee from appointment to the rural partial-county library district's board of trustees at such time as a vacancy exists.”

May a code city contract with a library district for a different range of library services than the library district provides to its own residents?

An informal AGO Opinion issued 12/14/2009, signed by Deputy Solicitor General Jeffrey T. Even and addressed to State Senator Mike Hewitt, states:

“A code city may contract with a library district for a different range of library services than the library district provides within its own boundaries.…A code city and a library district may negotiate a mutually agreeable contract under which the library district would operate a library within the code city, that provides a range of library services that is less than the range of services that the district provides within its own boundaries. The negotiated cost of the services would not have to be based on the library district's current property tax levy rate.”

If a city contracts with a library district for a range of library services less than the range of services the district provides to its own residents, may the library district charge fees to nonresidents for use of services beyond those included in the contract?

An informal AGO Opinion issued 12/14/2009, signed by Deputy Solicitor General Jeffrey T. Even and addressed to State Senator Mike Hewitt, states:

“The library district may impose a nonresident fee on city residents who use library district facilities that are not provided under contract with the code city.”

Who should hold title to property purchased by a rural county library district or intercounty rural library district using district funds?

An informal AGO Opinion issued 4/2/1952, signed by Assistant Attorney General Lyle L. Iversen and addressed to Maryan E. Reynolds, Washington State Librarian, states:

“It is our conclusion that property purchased by a rural county library district or an intercounty rural library district should be held in the name of the district and not that of the county… Rural county library districts and intercounty rural library districts are municipal corporations in their own right. As such they are authorized to acquire property and hold it in their own names. It is our opinion that such districts in acquiring property should take title in their own names and not in the names of the counties in which they lie.”

Resources

A variety of information and resources are available to assist board members in these tasks. It is wise to contact local sources first since they are most pertinent to the library's area. If these sources are unavailable or unfamiliar with the issues, follow up with the other sources listed below.