Article 4. Formation Of District of California Education Code >> Division 1. >> Title 1. >> Part 11. >> Chapter 3. >> Article 4.
Upon the application by petition of 50 or more taxpayers and
residents of any union high school district to the board of
supervisors in the county in which the union high school district is
located, for the formation of a library district, and setting forth
the boundaries of the proposed district, the board of supervisors
shall, within 10 days after receiving the petition, by resolution,
order that an election be held in the proposed district for the
determination of the question and shall conduct the election.
The election shall be conducted in accordance with the
general election laws of this state, where applicable, without
reference to form of ballot or manner of voting, except that the
ballots shall contain the words, "For Union High School Library
District." The voter shall write or print after the words on his
ballot the word "Yes" or the word "No."
The election officers shall report the result of the
election to the board of supervisors within five days subsequent to
the holding thereof.
If two-thirds of the votes cast at the election are in favor
of a union high school library district, the board of supervisors
shall, by resolution, establish the library district, and place the
district in the control of the governing board of the union high
school district.
If more than one-third of the votes cast in the election is
against a library district, the board of supervisors shall, by order,
so declare and no other proceedings shall be taken in relation
thereto until the expiration of one year from the date of
presentation of the petition.
The fact of the presentation of the petition and the order
establishing the library district shall be entered on the minutes of
the board of supervisors, and shall be conclusive evidence of the due
presentation of a proper petition, and that each of the petitioners
was, at the time of signature and presentation of the petition a
taxpayer and resident of the proposed district, and of the fact and
regularity of all prior proceedings of every kind and nature provided
for by this article, and of the existence and validity of the
district.
18339.
Every library district shall be designated by the name and style
of "____ Library District (using the name of the district) of ____
County (using the name of the county in which the district is
situated)." The governing board of library trustees may select a name
which sufficiently distinguishes the library district from an
existing school district. A number shall not be used as a part of the
designation of any library district.
In the name of the library district, the governing board may
sue and be sued, and may hold and convey property for the use and
benefit of the district.
The trustees in whose control the library district has been
placed shall severally hold office during the term for which they
have been elected as trustees of the union high school district.
(a) The Board of Trustees of the Santa Paula Union High
School District in Ventura County may, by resolution, provide that
the Santa Paula Union High School Public Library District shall be
governed by a separate board of trustees. Upon adoption, the
resolution shall be filed with the County Clerk of the County of
Ventura. The effective date of the resolution shall not be earlier
than January 1, 1996.
(b) Upon the effective date of the resolution adopted pursuant to
subdivision (a), the name of the Santa Paula Union High School Public
Library District shall be the Blanchard/Santa Paula Library
District.
(c) The governing board shall consist of five members, each of
whom shall be a registered voter residing within the library
district.
(d) Except for the initial board, members appointed pursuant to
paragraph (1) of subdivision (f), and members described in
subdivision (h), of the governing board shall hold office for a fixed
term of four years, beginning on the last Friday in November next
succeeding their appointment or election.
(e) Within 60 days after filing with the County Clerk of the
County of Ventura of the resolution adopted pursuant to subdivision
(a), the Board of Supervisors of the County of Ventura shall appoint
the initial governing board of the library district. The appointments
shall be made from the membership of the Library Commission of the
Santa Paula Union High School Public Library District.
(f) The first board of trustee shall, at their first meeting, so
classify themselves by lot that their terms shall expire:
(1) Two on the last Friday in November of the first even-numbered
calendar year succeeding his or her appointment.
(2) Three on the last Friday of November of the second succeeding
even-numbered calendar year.
(g) The district shall continue to receive revenues, including
apportioned property taxes and authorized special taxes as if it were
still the Santa Paula Union High School Public Library District.
There shall be no change in district powers or responsibilities.
(h) Notwithstanding any other provision of law, those persons
elected to the board of trustees in 1997 shall hold office for a
fixed five-year term.
(a) The governing board of the Banning Unified School
District may, by resolution, provide that the Banning Unified School
District Library District shall be governed by a separate governing
board. Upon adoption, the resolution shall be filed with the County
Clerk of the County of Riverside.
(b) Upon the effective date of the resolution adopted pursuant to
subdivision (a), the name of the Banning Unified School District
Library District shall be the Banning Library District.
(c) The governing board shall consist of five members, each of
whom shall be a registered voter residing within the library
district.
(d) Except for the initial board, members appointed pursuant to
paragraph (1) of subdivision (f), and members described in
subdivision (h), of the governing board shall hold office for a fixed
term of four years, beginning on the last Friday in November next
succeeding their appointment or election.
(e) Within 60 days after filing with the County Clerk of the
County of Riverside of the resolution adopted pursuant to subdivision
(a), the Board of Supervisors of the County of Riverside shall
appoint the initial governing board of the library district. The
appointments shall be made from the membership of the Library
Commission of the Banning Unified School District Library District.
(f) The first board of trustees shall, at their first meeting, so
classify themselves by lot that their terms shall expire:
(1) Two on the last Friday in November of the first even-numbered
calendar year succeeding his or her appointment.
(2) Three on the last Friday of November of the second succeeding
even-numbered calendar year.
(g) The library district shall continue to receive revenues,
including apportioned property taxes and authorized special taxes as
if it were still the Banning Unified School District Library
District. There shall be no change in district powers or
responsibilities.
(h) Notwithstanding any other provision of law, those persons
elected to the governing board in 2007 shall hold office for a fixed
five-year term.