Indiana § 36-12-1-10 - Conversion of Class 2 library to Class 1 library; procedure; appointment of library board; tax levies

§ 36-12-1-10. Conversion of Class 2 library to Class 1 library; procedure; appointment of library board; tax levies

Sec. 10. (a) A Class 2 library may convert to Class 1 status if the Class 2 library board passes the following resolution of conversion:

"__________ Public Library, by action of its library board, resolves to convert to a Class 1 library district subject to IC 36-12-2.".

(b) The resolution of conversion:

(1) must describe the territory included in the library district; and

(2) is irrevocable.

(c) The resolution of conversion must be signed by a majority of library board members. Not later than five (5) days after approving the resolution of conversion, the library board shall file a copy of the resolution of conversion:

(1) in the office of the county recorder in the county where the administrative office of the public library is located; and

(2) with the Indiana state library.

(d) The library board shall give notice of the resolution of conversion to all officials who have appointive powers under IC 36-12-2.

(e) The officials under subsection (d) shall appoint a library board for the public library. Members of the old library board shall continue to serve as library board members until:

(1) a majority of the new library board has been appointed; and

(2) the new appointees have taken an oath of office to serve on the library board.

(f) Upon the:

(1) filing of the resolution of conversion;

(2) appointments under IC 36-12-2; and

(3) oath of office of the new library board under IC 36-12-2-19;

any current tax levies continue under authority granted to the Class 2 library until the next succeeding calendar year, at which time the tax provisions for Class 1 libraries under IC 36-12-3-12 apply.

(g) The obligation of a political subdivision to levy and collect taxes for library purposes remains effective after the conversion.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-5.]

As added by P.L.1-2005, SEC.49.