SECTIONS 19100-19116 - California Statutes

EDUCATION CODE

SECTION 19100-19116

19100. The boards of supervisors of the several counties may
establish and maintain, within their respective counties, county free
libraries pursuant to this chapter.

19101. The board of supervisors of any county may establish at the
county seat or elsewhere in the county, a county free library for
that part of the county lying outside of cities maintaining free
public libraries, and outside of library districts maintaining
district libraries, and for all such additional portions of the
county as may elect to become a part of, or to participate in, the
county free library system as provided in this chapter.

19102. At least once a week for two successive weeks prior to
taking any action, the board of supervisors shall publish, in a
newspaper designated by it and published in the county, notice of the
contemplated action, giving the date of the meeting at which the
action is proposed to be taken.

19103. After the establishment of a county free library, the board
of trustees, common council, or other legislative body of any city in
the county maintaining a free public library, or the board of
trustees of any library district maintaining a district library, may
notify the board of supervisors that the city or library district
desires to become a part of the county free library system.
Thereafter the city or library district shall be a part of the system
and its inhabitants shall be entitled to the benefits of the county
free library, and the property within the city or library district
shall be liable to taxes levied for county free library purposes.

19104. The board of trustees, common council, or other legislative
body of any city or the board of trustees of any library district may
on or before January 1st of any year, notify the board of
supervisors that the city or library district no longer desires to be
a part of the county free library system. The notice shall be
accompanied by a statement complying with the requirements of Chapter
8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5
of the Government Code. The clerk of the board of supervisors shall
file the statement with the county assessor and the State Board of
Equalization. Thereafter the city or library district shall cease to
participate in the benefits of the county free library, and the
property situated in the city or library district shall not be liable
to taxes for county free library purposes.

19105. If the notice is given after January 1st of any year, the
property situated in the city or library district shall be liable to
taxes for county free library purposes during the immediately
succeeding year, and the notice shall not be effective until the next
succeeding year, and library service shall be rendered in the city
or library district during the year for which taxes are levied for
library purposes in the city or library district.

19106. Before any board of trustees, common council, or other
legislative body of any city, or the board of trustees of any library
district gives notice that the city or library district desires to
become a part of the county free library system, or gives notice of
withdrawal from the system, the board of trustees, common council, or
other legislative body of the city or the board of trustees of the
library district shall publish at least once a week for two
successive weeks prior to the giving of either notice, in a newspaper
designated by the board of trustees, common council, or other
legislative body of the city or the board of library trustees of the
library district, and circulating throughout the city or library
district, notice of the contemplated action, giving the date and the
place of the meeting at which the contemplated action is proposed to
be taken.

19107. The board of supervisors of any county in which a county
free library has been established may enter into contracts with any
city maintaining a free public library, and any such city, through
its board of trustees or other legislative body, may enter into
contracts with the county to secure to the residents of the city the
same privileges of the county free library as are granted to, or
enjoyed by, the residents of the county outside of the city, or such
privileges as are agreed upon in the contract, upon such
consideration named in the contract as is agreed upon, to be paid
into the county free library fund. Thereupon the residents of the
city shall have the same privileges with regard to the county free
library as the residents of the county outside of the city, or such
privileges as are agreed upon by the contract.

19108. The board of supervisors of any county in which a county
free library has been established may enter into a contract with the
board of supervisors of any other county to secure to the residents
of the other county such privileges of the county free library as are
agreed upon by the contract and upon such considerations as are
agreed upon in the contract to be paid into the county free library
fund. Thereupon the inhabitants of the other county shall have such
privileges of the county free library as are agreed upon by the
contract.

19109. The board of supervisors of any county may enter into a
contract with the board of supervisors of another county in which a
county free library has been established, and may levy a library tax,
for the purpose of carrying out the contract.

19110. The board of supervisors of any county may contract with the
board of supervisors of any other county or two or more other
counties to provide for the services of a single qualified librarian
to serve simultaneously as the county librarian of each county.

19111. The making of the contract shall not bar the board of
supervisors of the county during the continuance of the contract from
establishing a county free library under the provisions of this
chapter if none is already established. Upon the establishment of any
county free library, the contract may be terminated upon such terms
as may be agreed upon by the parties thereto, or may continue for the
term thereof.

19112. Instead of establishing a separate county free library, the
board of supervisors may enter into a contract with the board of
library trustees or other authority in charge of the free public
library of any city and the board of library trustees, or other
authority in charge of the free public library, may make such a
contract. The contract may provide that the free public library of
the city shall assume the functions of a county free library within
the county with which the contract is made, including cities in the
county. The board of supervisors may agree to pay annually into the
library fund of the city such sum as may be agreed upon. Either party
to the contract may terminate the contract by giving six months'
notice of intention to do so.

19113. After a county free library has been established, it may be
disestablished in the same manner as it was established. At least
once a week for two successive weeks prior to taking any action, the
board of supervisors shall publish, in a newspaper designated by
them, and published in the county, notice of the contemplated action,
giving therein the date of the meeting at which the contemplated
action is proposed to be taken.

19114. Whenever any of the territory being served by a county free
library is annexed to, or otherwise included within, any municipal
corporation not served by the county free library, the board of
supervisors of the county shall order the county free library to
continue to serve the territory annexed to, or otherwise included
within the municipality, until the end of the fiscal year or years
for which a tax has been levied upon the property of the annexed
territory for the support of the county free library.

19115. The board of supervisors may establish a reasonable fee to
be collected from persons who desire to participate in the services
and benefits of the county free library and who are not residents of
the territory in the county which is liable for taxes for county free
library purposes. In establishing the fee, the board may also
prescribe such regulations or limitations applicable to the use of
the county free library by such persons as may reasonably be
necessary.

19116. (a) Sections 19104 and 19105 are not applicable to the
withdrawal of a city or library district from the county free library
system in Los Angeles County or Riverside County. The legislative
body of any city or the board of trustees of any library district,
whose jurisdiction is within the County of Los Angeles or the County
of Riverside, may notify the board of supervisors for Los Angeles
County or Riverside County, as appropriate, that the city or library
district no longer desires to be a part of the county free library
system. The notice shall state whether the city or library district
intends to acquire property pursuant to subdivision (c). The board of
supervisors shall transmit a copy of the notice to the Los Angeles
County Assessor or Riverside County Assessor, as appropriate, the Los
Angeles County Auditor or Riverside County Auditor, as appropriate,
and the State Board of Equalization.
(b) When a city or library district files a notice pursuant to
subdivision (a), it shall remain a member of the county free library
system until July 1 of the base year or the date on which property is
transferred pursuant to subdivision (c), whichever date is later.
Upon ceasing to be a member of the county free library system, the
city or library district shall not participate in any benefits of the
county free library system, and shall assume the responsibility for
the provision of library services within its jurisdiction. Unless
otherwise agreed by July 1 of the base year in writing by the Board
of Supervisors of Los Angeles County or the Board of Supervisors of
Riverside County, as appropriate, and the withdrawing city or library
district, an amount of property tax revenue equal to the property
tax revenues allocated to the county free library pursuant to Article
2 (commencing with Section 96) of Chapter 6 of Part 0.5 of Division
1 of the Revenue and Taxation Code in the fiscal year prior to the
base year and that were derived from property situated within the
boundaries of the withdrawing entity shall be allocated to and used
to maintain library services by the withdrawing entity in the base
year and, adjusted forward, in each fiscal year thereafter at the
same time allocations are made pursuant to Article 2 (commencing with
Section 96) of Chapter 6 of Part 0.5 of Division 1 of the Revenue
and Taxation Code. This subdivision shall not apply to property tax
revenues that have been pledged to repay bonded indebtedness of the
county free library.
(c) If there are one or more county library facilities within the
territorial boundaries of the withdrawing entity at the time the
withdrawing entity provides notice pursuant to subdivision (a), the
withdrawing entity shall have the right to acquire any or all of
those facilities from the county and the county shall, no later than
July 1 of the base year, transfer to the withdrawing entity each
facility to be acquired and the personal property therein related to
the provision of library services. If the facility or personal
property was purchased with bond proceeds or other forms of
indebtedness, acquisition shall only take place if the withdrawing
entity assumes any remaining indebtedness and in no way impairs the
repayment thereof. If the withdrawing entity opts not to acquire any
facilities or personal property, the county at its discretion may
dispose of the facilities or personal property or convert the use of
those facilities or personal property, including transferring
collections and other personal property to other sites and converting
facilities to other purposes. If the withdrawing entity opts to
acquire any facilities or personal property, the acquisition prices
shall be as follows unless otherwise provided for by statute or
contract:
(1) Each county library facility which, for the purposes of this
section, shall include the real property upon which the facility is
located and any fixtures therein and shall not include computer
systems and software, shall be transferred for the lesser of:
(A) No cost, if the facility was donated to the county by the
withdrawing entity.
(B) The price paid to the withdrawing entity by the county for the
facility, if the county bought the facility from the withdrawing
entity. However, if the county constructed capital improvements to
the facility after it was bought from the withdrawing entity, the
county's total out-of-pocket costs for the capital improvement
excluding any costs for routine repairs, restoration or maintenance,
shall be added to the price.
(C) The fair market value of the facility. However, if any portion
of the facility was donated to the county by the withdrawing entity
or if any moneys were donated by the withdrawing entity towards the
county's construction or acquisition of the facility or any portion
thereof, the value of the donation shall be subtracted from the fair
market value.
(2) Any personal property within the facility related to the
provision of library services, including books and resource
materials, computer systems and software, furniture, and furnishings,
shall be transferred for the lesser of:
(A) No cost, if the property was donated to the county by the
withdrawing entity.
(B) The fair market value of the personal property. However, on or
before the March 1 preceding the July 1 of the base year, the county
librarian may designate collections of resource books and materials
that are unique in, and integral to, the county free library system
to be special collections. The special collections shall be acquired
by the withdrawing entity only upon mutually agreeable terms and
conditions.
(d) If a facility transferred pursuant to subdivision (c) serves
residents of surrounding jurisdictions, the board of supervisors
governing the county free library system may require, as a condition
of transferring the facility, that the library services provided by
the withdrawing entity to its residents also be available on the same
basis to the residents of the surrounding jurisdictions. However, if
the withdrawing entity contributes to the provision of library
services from other city funds, or through taxes, assessments, or
fees of its residents, the withdrawing entity may provide additional
services to its residents. If the requirement to provide regional
services is imposed and, unless otherwise agreed in writing by the
county and the withdrawing entity by July 1 of the base year, an
amount of property tax revenues equal to the property tax revenues
derived from property situated in the surrounding jurisdictions which
were, in the fiscal year prior to the base year, allocated to the
county free library system pursuant to Article 2 (commencing with
Section 96) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and
Taxation Code shall be allocated to and used to maintain library
services by the withdrawing entity in the base year and, adjusted
forward, in each fiscal year thereafter at the same time other
allocations are made pursuant to Article 2 (commencing with Section
96) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and
Taxation Code. This subdivision shall not apply to property tax
revenues that have been pledged to repay bonded indebtedness. If a
surrounding jurisdiction subsequently provides notice of its intent
to withdraw from the county free library system pursuant to
subdivision (a), on the date the surrounding jurisdiction ceases to
participate in the benefits of the county free library system
pursuant to subdivision (b), the withdrawing entity shall no longer
be required to make library services available to the residents of
the surrounding jurisdiction and property tax revenues derived from
property situated in the surrounding jurisdiction shall no longer be
allocated to the withdrawing entity pursuant to this subdivision.
(e) For purposes of this section, the following terms are defined
as follows:
(1) "Base year" means the fiscal year commencing on the July 1
following the December 2 following the date of the notice given
pursuant to subdivision (a) of this section.
(2) "Fair market value" means:
(A) Any value agreed upon by the withdrawing entity and the
county.
(B) If no agreement as to value is reached by the March 1
preceding the July 1 of the base year, the value assigned by an
appraiser agreed upon by the withdrawing entity and the county.
(C) If no agreement as to the appointment of an appraiser is
reached pursuant to subparagraph (B) by the April 1 preceding the
July 1 of the base year, the value assigned by an appraiser agreed
upon between the withdrawing entity's appraiser and the county's
appraiser.
(D) If no agreement as to the appointment of an appraiser is
reached pursuant to subparagraph (C) by the May 1 preceding the July
1 of the base year, the value assigned by a state certified appraiser
designated by the withdrawing entity. The designated appraiser shall
provide the appraisal in writing to the county no later than the
June 1 preceding the July 1 of the base year.
(E) The withdrawing entity shall reimburse the county for any
appraisal costs the county incurs in determining the fair market
value pursuant to this section.
(3) "Surrounding jurisdictions" means cities and library districts
that are adjacent to the withdrawing entity and tax rate areas in
unincorporated areas of the county which tax rate areas are wholly or
partially within the withdrawing entity's sphere of influence, which
cities, libraries, and tax rate areas are within the county free
library system and have no facility within their territorial
boundaries providing library services at the time the withdrawing
entity provides notice pursuant to subdivision (a).