CITY JOIN TOWNSHIPS IN CREATION OF LIBRARY DISTRICT. Letter, November 5, 1973, to Ron Stamp, Assistant State Librarian.
K.S.A. 1972 Supp. 12-1236 authorizes one or more cities of the third class to join with one or more townships in the creation of a library district. It further provides that the governing body of a city of the third class which owns and operates a library within the boundaries of such a proposed district at the time petitions are filed for the organization thereof may be resolution authorize the conveyance of all property and assets of the city library to the new library district.
You indicate that several townships and cities of the third class wish to form a library district pursuant to K.S.A. 1972 Supp. 12-1236, et seq. However, one of the townships has previously established and is presently operating a township public library pursuant to K.S.A. 12-1220. The townships, you advised, would like to abolish the existing township library, or transfer its assets to the new library district. However, as you point out, K.S.A. 1972 Supp. 12-1236 appears to authorize cities of the third class to transfer city libraries to newly created districts, but provides no comparable authorities for townships to do so. In the absence of statutory authority for abolition of the township library, or for the transfer of its property and assets to a library district, neither abolition nor transfer is permissible. Our own research discloses not statute whereby a township governing body may abolish or convey away library property.