Establishment
We will look at the legal methods by which the public will decide whether to create a library district. There are two approaches by which public library districts can be formed in Montana, by petition to the county governing body or by a resolution of the county governing body. Both ultimately require approval by voters residing within the boundaries of the proposed district.
Establishment This information is based on MCA 22-1-702. Be advised that the steps outlined herein are of a summary nature only. Users of this handbook are encouraged to refer to MCA to determine the required legal steps necessary to form a district. A public library district may be created by using either of the following options:
Option 1 - By Petition Process
| Step 1. | Filing of a legal petition with the county clerk |
| Step 2. | The governing body of the county conducts an open hearing |
| Step 3. | If the governing body views the open hearing results as supportive of a public library district, it adopts a resolution which sets the boundaries, maximum mill levy, and number of trustees for the proposed district, and calls for an election on the question of whether to create the district. |
| Step 4. | An election is held. |
| Step 5. | If a majority of the votes cast at the election approve formation of a district, the governing body of each county with territory included in the proposed public library district shall certify that the district is formed and appoint the initial members of the district's board of trustees. |
Option 2 - By County Commission Resolution
| Step 1. | A resolution of intent to form a public library district is adopted by the governing body of the county. This resolution schedules a public hearing on the question of forming the district and sets forth the various issues that should be considered at that hearing. |
| Step 2. | The governing body of the county conducts an open hearing. |
| Step 3. | If the governing body views the open hearing results as supportive of a public library district, it adopts a resolution which sets the boundaries, maximum mill levy, and number of trustees for the proposed district, and calls for an election on the question of whether to create the district. |
| Step 4. | An election is held. |
| Step 5. | If a majority of the votes cast at the election approve formation of a district, the governing body of each county with territory included in the proposed public library district shall certify that the district is formed and appoint the initial members of the district's board of trustees. |
