Colo. Rev. Stat. » Title 24
Colorado Revised Statutes

Colo. Rev. Stat. § 24-90-106 (2024)

Participation of existing libraries in the formation of new libraries

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(1) Any governmental unit of the state of Colorado has the power to establish and maintain a public library under the provisions of this part 1, either by itself or in cooperation with one or more other governmental units. Whenever a county library or library district is proposed to be formed, specific written notification of the proposed establishment shall be given at least ninety days prior to anticipated action on the proposed establishment to each governmental unit maintaining a public library in the legal service area of the proposed library and the board of trustees of each library. The legislative body of any governmental unit that maintains a public library within the territory to be served by a county library or a library district or the board of trustees of an established library district shall decide, by resolution or ordinance, whether or not to participate in the county library or library district. If participation in the county library or library district is to be funded by any amount of tax levy not previously established by resolution or ordinance nor previously approved by the electors, the resolution or ordinance shall state that the electors of the library district or governmental unit must approve that levy before participation can be effected. Written notice of a decision not to participate shall be filed with the board of county commissioners in the case of a proposed county library or with the boards of county commissioners of each county having territory within the library's legal service area in the case of a proposed library district. The notice shall be filed at least thirty days prior to action being taken on the resolution or ordinance to create a county library or library district or on the resolution to conduct an election to create the county library or library district. (2) and (3) (Deleted by amendment, L. 2003, p. 2446, § 6, effective August 15, 2003.)

Source: L. 79: Entire article R&RE, p. 986, § 1, effective July 1. L. 80: Entire section amended, p. 619, § 5, effective July 1. L. 90: Entire section amended, p. 1294, § 2, effective July 1. L. 94: (1) and (2) amended, p. 735, § 1, effective July 1. L. 2003: Entire section amended, p. 2446, § 6, effective August 15.

Editor's note: (1) This section is similar to former § 24-90-109 as it existed prior to 1979.

(2) Subsection (2) was relocated to 24-90-106.5. Subsection (3) was relocated to 24-90- 113.3.

24-90-106.3. Inclusion of a governmental unit into an existing library district - procedure. (1) Any governmental unit sharing at least one common boundary with an existing library district may become part of the district upon a resolution executed by the board of trustees of the district and the adoption of an ordinance or resolution, as applicable, by the legislative body of the governmental unit approving the inclusion of the governmental unit into the district. If the tax levy imposed by the district pursuant to section 24-90-112 has not been previously approved by the registered electors of the governmental unit, the electors shall approve the levy before the governmental unit may be included in the district. Any such election shall be held in accordance with the requirements specified in section 20 of article X of the state constitution, articles 1 to 13 of title 1, C.R.S., and article 10 of title 31, C.R.S., as applicable, and the election shall be held on the date of the state biennial general election, the first Tuesday in November in odd-numbered years, or, if the governmental unit is a municipality, on the date of the regular election of the municipality.

(2) Upon the inclusion of a governmental unit into a library district in accordance with the requirements of subsection (1) of this section, the legislative body of the governmental unit and the board of trustees of the district shall enter into a written agreement within ninety days of the election that sets forth fully the rights, obligations, and responsibilities, financial and otherwise, of the parties to the agreement.

(3) In the case of a governmental unit that has a portion included within a library district and a portion that is not included within the district, the governmental unit may follow the procedures specified in subsections (1) and (2) of this section to bring about the inclusion of the entire governmental unit into the district; except that, in such circumstances, only the registered electors residing within the portion of the governmental unit that is not included within the district at the time of the commencement of the inclusion proceedings shall be allowed to vote on the question of approval of the district tax levy.

Source: L. 2005: Entire section added, p. 325, § 1, effective April 20.

24-90-106.5. Establishment or removal of a municipal library in an existing county library or library district. If a municipality is in the legal service area of an existing county library or library district, public library service shall not be refused or discontinued other than as provided in this article. The municipality may establish its own municipal library only by choosing to do so by means of financial support that does not affect the financial support previously established for the county library or library district; except that the municipality and the county library or library district may, by mutual written agreement, permit a financing method for a municipal library that does affect the financial support previously established for the county library or library district. If establishment of the municipal library is to be funded by any amount of tax levy not previously established by resolution or ordinance nor previously approved by the electors of the municipality, the electors must approve that levy before the municipality can establish the library.

Source: L. 2003: Entire section added with relocations, p. 2447, § 7, effective August 15. L. 2009: Entire section amended, (HB 09-1072), ch. 74, p. 263, § 3, effective August 5.

Editor's note: This section was formerly numbered as § 24-90-106 (2).

Notes of Decisions
Cited in 2 cases, 1988–2009 · leading case: Bd. of Wellington v. Bd. of Fort Collins, 216 P.3d 611 (Colo. Ct. App. 2009).
Sort: Relevance Newest Treatment
Bd. of Wellington v. Bd. of Fort Collins, 216 P.3d 611 (Colo. Ct. App. 2009). · cites it 14× “In Westminster, a division of this court, interpreting an earlier version of former section 24-90-106, see Ch. 123, sec. 5, 1980 Colo.”
City of Westminster v. Bd. of Cnty. Commissioners of Jefferson, 771 P.2d 11 (Colo. Ct. App. 1988). · cites it 7× “The question at issue is whether a city which maintains its own public library system may, pursuant to § 24-90-106, C.R.S. (1988 Repl. Vol. 10B), elect to terminate its participation in, and to exclude the properties within the city from, an existing county public library system…”
Colo. Rev. Stat. § 24-90-106(1): 1 case
Bd. of Wellington v. Bd. of Fort Collins, 216 P.3d 611 (Colo. Ct. App. 2009). “In Westminster, a division of this court, interpreting an earlier version of former section 24-90-106, see Ch. 123, sec. 5, 1980 Colo.”
Colo. Rev. Stat. § 24-90-106(2): 1 case
Bd. of Wellington v. Bd. of Fort Collins, 216 P.3d 611 (Colo. Ct. App. 2009). “In Westminster, a division of this court, interpreting an earlier version of former section 24-90-106, see Ch. 123, sec. 5, 1980 Colo.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.