§ 24-90-501. Short Title

This part 5 shall be known and may be cited as the “Library Capital Facilities Districts Act”. Source: L. 2003: Entire part added, p. 2467, § 29, effective August 15.

§ 24-90-502. Legislative Declaration

The general assembly finds and declares that the organization of library capital facilities districts within library districts of the state, having the purposes and powers provided in this part 5, will serve a public purpose, will promote the health, safety, prosperity, security, and general welfare of the residents of said library districts and facilities districts, […]

§ 24-90-503. Definitions

As used in this part 5, unless the context otherwise requires: “Board” means the board of trustees of a facilities district created pursuant to this part 5. “Facilities district” means a library capital facilities district organized by a library district pursuant to this part 5 to provide library capital facilities within a library capital facilities […]

§ 24-90-504. Authority of Governing Body

The board of trustees of the library district as the governing body of said district is hereby vested with jurisdiction, power, and authority to establish one or more facilities districts within the boundaries of the library district in which the library capital facilities are to be acquired, constructed, installed, operated, or maintained in accordance with […]

§ 24-90-505. Organization – Preliminary Resolution

The organization of a facilities district shall commence with a preliminary resolution of the board. The preliminary resolution required by subsection (1) of this section shall specify: The name of the proposed facilities district, which shall include a descriptive name of such district along with the words library capital facility district; A general description of […]

§ 24-90-506. Notice of Hearing – Disqualification of Member of Governing Body

The governing body, as soon as possible after the adoption of the preliminary resolution, shall fix by order the place and time for a public hearing on the resolution, which hearing shall be held not less than twenty days or more than forty days after the adoption of the preliminary resolution. Thereupon, the governing body […]

§ 24-90-507. Hearing – Resolution – When Action Barred

On the date fixed for the hearing described in section 24-90-506 or at any adjournment of the hearing, the governing body shall ascertain, from the tax rolls of any county in which the library district is located, the total valuation for assessment of the taxable property located within the proposed library capital facilities area. Upon […]

§ 24-90-508. Recording of Resolution Establishing Area

Within thirty days after the facilities district has been declared duly organized, the secretary of the governing body shall transmit for recording to the county clerk and recorder in each county in which the facilities district or a part of the facilities district extends a copy of the resolution of the governing body establishing the […]

§ 24-90-509. Governing Body – Meetings

The board of trustees of the library district that creates the facilities district, as the governing body of said district, shall constitute ex officio the board of the facilities district. The presiding officer of the board of trustees of the library district shall be ex officio the presiding officer of the board of the facilities […]

§ 24-90-510. General Powers of Facilities District

The facilities district has the following limited powers: To have perpetual existence; To have and use a corporate seal; To sue and be sued and be a party to suits, actions, and proceedings; To enter into contracts and agreements, except as otherwise provided in this part 5, affecting the affairs of the facilities district, including […]

§ 24-90-511. Power to Levy Taxes

Subject to the requirements of section 20 (4) of article X of the state constitution, in addition to any other means of providing revenue for a facilities district, the board has the power to levy and collect ad valorem taxes on and against all taxable property located within the boundaries of the facilities district. The […]

§ 24-90-512. Determining and Fixing Rate of Levy

The governing body shall determine the amount of moneys necessary to be raised by a levy on the taxable property located within the facilities district, taking into consideration other sources of revenue of the library district and the facilities district, and shall fix a rate of levy that, when levied upon every dollar of the […]

§ 24-90-513. Levies to Cover Deficiencies

The governing body, in certifying annual levies, shall take into account the maturing indebtedness for the current and ensuing year as provided in its contracts, maturing bonds, and interest on bonds and the deficiencies and defaults of prior years and shall make ample provisions for the payment thereof. In case the moneys produced from such […]

§ 24-90-514. County Officers to Levy and Collect Taxes – Lien

It is the duty of the body having authority to levy taxes within such county to levy the taxes certified to it as provided in this part 5. It is the duty of all officials charged with the duty of collecting taxes to collect and enforce such taxes at the time and in the form […]

§ 24-90-515. Property Sold for Taxes

The taxes provided for in this part 5 shall be included as a part of general ad valorem taxes and shall be paid and collected accordingly. The sale of properties for delinquencies shall be conducted in the manner provided by the statutes of this state for selling property for nonpayment of other ad valorem taxes. […]

§ 24-90-516. Governing Body Can Issue Bonds – Form

To carry out the purposes of this part 5, the governing body is hereby authorized to issue bonds of the library district or facilities district for the purpose of financing the acquisition, construction, installation, operation, or maintenance of library capital facilities within the facilities district. The bonds shall bear interest at a rate such that […]

§ 24-90-517. Dissolution Procedures

Any facilities district organized pursuant to this part 5 may be dissolved after notice is given, publication is made, and a hearing is held in the manner prescribed by sections 24-90-506 and 24-90-507. The dissolution shall be commenced with a filing by the governing body with the clerk or secretary of the governing body of […]

§ 24-90-518. Exemption From Taxation – Securities Laws

The income or other revenues of the library district or facilities district, any property owned by the library district or facilities district, any bonds issued by the library district or facilities district, and the transfer of and any income from any bonds issued by the library district or facilities district shall be exempt from all […]

§ 24-90-519. Limitation of Actions

Any legal or equitable action brought with respect to any acts or proceedings of the library district or facilities district, the creation of a facilities district, the authorization or issuance of any bonds, or any other action taken under this part 5 shall be commenced within thirty days after the performance of such action or […]