2021 Colorado Code
Title 24 - Government - State
Article 90 - Libraries
Part 1 - Library Law
§ 24-90-106. Participation of Existing Libraries in the Formation of New Libraries

1. Any governmental unit of the state of Colorado has the power to establish and maintain a public library under the provisions of this part 1, either by itself or in cooperation with one or more other governmental units. Whenever a county library or library district is proposed to be formed, specific written notification of the proposed establishment shall be given at least ninety days prior to anticipated action on the proposed establishment to each governmental unit maintaining a public library in the legal service area of the proposed library and the board of trustees of each library. The legislative body of any governmental unit that maintains a public library within the territory to be served by a county library or a library district or the board of trustees of an established library district shall decide, by resolution or ordinance, whether or not to participate in the county library or library district. If participation in the county library or library district is to be funded by any amount of tax levy not previously established by resolution or ordinance nor previously approved by the electors, the resolution or ordinance shall state that the electors of the library district or governmental unit must approve that levy before participation can be effected. Written notice of a decision not to participate shall be filed with the board of county commissioners in the case of a proposed county library or with the boards of county commissioners of each county having territory within the library's legal service area in the case of a proposed library district. The notice shall be filed at least thirty days prior to action being taken on the resolution or ordinance to create a county library or library district or on the resolution to conduct an election to create the county library or library district.
2. and (3) (Deleted by amendment,L. 2003, p. 2446, § 6, effective August 15, 2003.)

Source: L. 79: Entire article R&RE, p. 986, § 1, effective July 1. L. 80: Entire section amended, p. 619, § 5, effective July 1. L. 90: Entire section amended, p. 1294, § 2, effective July 1. L. 94: (1) and (2) amended, p. 735, § 1, effective July 1. L. 2003: Entire section amended, p. 2446, § 6, effective August 15.

Editor's note: (1) This section is similar to former § 24-90-109 as it existed prior to 1979.

(2) Subsection (2) was relocated to 24-90-106.5. Subsection (3) was relocated to 24-90-113.3.

Not disconnection statute. The plain meaning of the words used in this section would permit a city to exclude itself from the district at the time of formation of the district, but not later. City of Westminster v. Bd. of County Comm'rs, 771 P.2d 11 (Colo. App. 1988).

A town's resolution of nonparticipation in a library district cannot remove the areas within the boundaries of the district that are later annexed by the town. The annexed areas can only be removed from the boundaries of the district pursuant to § 24-90-106.5. Bd. of Trs. of Wellington v. Bd. of Trs. of Fort Collins Reg'l Library Dist., 216 P.3d 611 (Colo. App. 2009).