Sample Legislation: Northern Onondaga Public Library District

STATE OF NEW YORK

________________________________________________________________________

2070--C

1995-1996 Regular Sessions

IN ASSEMBLY
January 30, 1995
___________

Introduced by M. of A. BRAGMAN -- read once and referred to the Commit-
tee on Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee

AN ACT authorizing the establishment of the Northern Onondaga Public
Library District and to amend chapter 672 of the laws of 1993, amend-
ing the public authorities law relating to the construction and
financing of facilities for certain public libraries, in relation to
expanding the list of such eligible libraries

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

1 Section 1. Public library district establishment. Notwithstanding the
2 provisions of any general, special or local law to the contrary, there
3 is hereby established in the county of Onondaga, a public library
4 district, to be known as the Northern Onondaga Public Library District
5 which shall include all the territory within the town of Cicero and
6 within the town of Clay exclusive of those portions of the town of Clay
7 that are within the Liverpool, Baldwinsville or Phoenix school
8 districts. Such public library district shall constitute an improvement
9 district within the meaning of the town law and shall be subject to all
10 of the provisions thereof relating to improvement districts except as
11 are inconsistent with the provisions of this act.
12 § 2. Election. The Northern Onondaga Public Library District shall
13 come into existence if it is approved by a vote of the majority of the
14 voters casting votes at an election as provided in this section. Quali-
15 fied voters, for the purposes of this section, shall be the residents of
16 the town of Cicero and the town of Clay, exclusive of those residents
17 residing within the Liverpool central school district, the Baldwinsville
18 central school district or the Phoenix Central School District, other-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.

A. 2070--C 2

1 wise qualified to vote at a general town election. Upon receipt by each
2 of the boards of trustees of the Cicero Free Library, the North Syracuse
3 Free Library and the Brewerton Free Library, respectively, of copies of
4 identical petitions signed by not less than twenty-five qualified voters
5 of the Town of Cicero and not less than twenty-five qualified voters of
6 the Town of Clay, the boards of trustees of the Cicero Free Library, the
7 North Syracuse Free Library and the Brewerton Free Library, jointly,
8 shall give notice of an election to be conducted pursuant to the
9 provisions of this act. Such election shall be held within six months
10 after this act shall have become a law. The propositions proposed to the
11 voters at such election shall be:
12 (a) whether the Northern Onondaga Public Library District shall be
13 established; and
14 (b) whether the budget proposed by the board of trustees of the Cicero
15 Free Library, the North Syracuse Free Library and the Brewerton Free
16 Library, jointly, for the Northern Onondaga Public Library District
17 shall be approved. In addition, the boards of trustees of the Cicero
18 Free Library, the North Syracuse Free Library and the Brewerton Free
19 Library, jointly, shall cause copies of such notice to be posted
20 conspicuously in at least one public place in each of the towns of Cice-
21 ro and Clay, respectively, and published at least once in the officially
22 designated newspaper having a general circulation in the Towns of Cicero
23 and Clay, at least thirteen days prior to the date of such election.
24 Such notice shall specify the time when and the place where such
25 election will be held in each town, the issues to be decided at said
26 election and the hours during which the polls will be open. The polling
27 places to be used shall be designated by each board of trustees of the
28 Cicero Free Library, the North Syracuse Free Library and the Brewerton
29 Free Library. The expense of such election shall be paid by the Cicero
30 Free Library, the North Syracuse Free Library and the Brewerton Free
31 Library, jointly. The boards of trustees of the Cicero Free Library,
32 the North Syracuse Free Library and the Brewerton Free Library, jointly
33 shall prepare or cause the ballots to be prepared for such election and
34 the polls at such election shall remain open for the receipt thereof
35 from noon until seven o'clock p.m. and such additional consecutive hours
36 prior thereto as such boards of trustees may have determined and speci-
37 fied in the notice thereof. Each board of trustees of the Cicero Free
38 Library, the North Syracuse Free Library and the Brewerton Free Library
39 shall designate a resident of each affected library district to act as
40 chairperson of the election in such district and shall designate not
41 less than two residents thereof to act as election inspectors and ballot
42 clerks at each polling place. Each board of trustees of the Cicero Free
43 Library, the North Syracuse Free Library and the Brewerton Free Library
44 may adopt a resolution providing that such chairpersons, election
45 inspectors and ballot clerks shall be paid for their respective services
46 at such election which shall be paid by the boards of trustees of the
47 Cicero Free Library, the North Syracuse Free Library and the Brewerton
48 Free Library, jointly. Such resolution, if adopted, may fix reasonable
49 compensation for the services of each official. Every voter of the town
50 of Cicero and town of Clay, exclusive of those residents residing within
51 the Liverpool Central School District, the Baldwinsville Central School
52 District or the Phoenix Central School District, otherwise qualified to
53 vote at a general town election shall be entitled to vote at said
54 election. After the polls have been closed at said election, the
55 election inspectors and ballot clerks shall immediately canvass publicly
56 the ballots cast and the chairpersons of the election district in each

A. 2070--C 3

1 town shall publicly announce the results. Within seventy-two hours
2 thereafter, the chairpersons, election inspectors and ballot clerks
3 shall execute and file a certificate of the result of the canvass with
4 the boards of trustees, and with the clerks of the towns of Cicero and
5 Clay.
6 § 3. Organization and structure. 1. The Northern Onondaga Public
7 Library District shall be managed, operated and controlled by a board of
8 trustees consisting of twelve members; upon approval of the proposition
9 proposed to the voters at the election as to whether the Northern Onon-
10 daga Public Library District shall be established, the boards of trus-
11 tees of the Cicero Free Library, the North Syracuse Free Library and the
12 Brewerton Free Library shall each appoint four members to serve on the
13 Northern Onondaga Public Library board of trustees which shall be
14 comprised of twelve members who are qualified voters of the Northern
15 Onondaga Public Library District at the time of appointment and through-
16 out their respective terms. Each library's appointed trustees shall at
17 the first regular meeting of the board determine by lot the year in
18 which each of their terms of office expire. The terms of office of each
19 library's four trustee appointments shall expire as follows: after one
20 year-one trustee; after two years-one trustee; after three years-one
21 trustee; and after four years-one trustee. As vacancies occur trustees
22 shall be elected at the annual election held pursuant to this act to
23 serve for four year terms by the voters of the library district hereby
24 established, said terms to commence on the first day of January next
25 following the election.
26 2. The board of trustees of the Northern Onondaga Public Library
27 District shall establish and maintain not less than three nor more than
28 twelve election districts within the Northern Onondaga Public Library
29 District from which trustees are to be elected and which shall be drawn
30 and adjusted from time to time as necessary and appropriate based upon
31 the total population of the district and in conformity with the Consti-
32 tutions of the United States and the State of New York.
33 3. As vacancies occur, pursuant to subdivision one of this section,
34 annual elections shall be conducted by the board of trustees of the
35 Northern Onondaga Public Library District. Such elections shall be
36 conducted in accordance with the provisions of this act, at which
37 election, vacancies on the board of trustees shall be filled.
38 4. The board of trustees at the first meeting each year shall elect or
39 appoint a president and vice-president who shall be members of the board
40 and a secretary, treasurer and such other officers as they deem neces-
41 sary. If the board so determines, the offices of secretary and treasurer
42 may be held by individuals who are not members of the board of trustees
43 and, in that event, such officers may, if the board so determines,
44 receive compensation as fixed by resolution of the board.
45 § 4. Northern Onondaga Board of Trustees and Budget. 1. Upon approval
46 of establishment of the Northern Onondaga Public Library District as
47 provided for by this act and after the initial appointment of the board
48 of trustees, as provided in this act, annual elections shall be
49 conducted by the board of trustees at times to be set by such board, at
50 which vacancies on the board shall be filled and at which any proposed
51 budget which the board shall determine to submit, pursuant to section
52 five of this act, shall be submitted to the voters. The expense of such
53 election shall be borne by the Northern Onondaga Public Library
54 District. At the annual election, the board of trustees shall give
55 notice of such election by the publication of a notice at least once in
56 the officially designated newspaper having a general circulation in the

A. 2070--C 4

1 Towns of Cicero and Clay. Publication of such notice shall be not less
2 than thirteen days nor more than twenty days prior to the date of such
3 election. In addition, the board shall cause copies of such notice to be
4 posted conspicuously in at least one public place in each of the munici-
5 palities at least thirteen days prior to the date of such election. Such
6 notice shall specify the time and places such election will be held, the
7 issues to be decided at said election and the hours during which the
8 polls will be open. At an election held other than at a general
9 election, the board shall designate the polling places to be used and
10 shall prepare or cause the ballots to be prepared for such election. The
11 polls at such an election shall remain open for the receipt of ballots
12 from noon until seven o'clock p.m. and such additional consecutive hours
13 prior thereto as the board may have determined and specified in the
14 notice thereof. At an election held other than at a general election,
15 the board shall designate a resident of each of the municipalities to
16 act as chairperson.
17 2. Candidates for trustee of the board shall be nominated by petition.
18 A separate petition shall be required to nominate each candidate for a
19 vacancy on the board. Each petition shall be directed to the secretary
20 of the board and shall be signed by at least ten qualified voters of the
21 election district in which the vacancy occurs. Each petition shall state
22 the residence of each signer, and shall state the name and residence of
23 the candidate and in the event that any such nominee shall withdraw his
24 candidacy prior to the election, such person shall not be considered a
25 candidate unless a new petition nominating such person in the same
26 manner and within the same time limitations applicable to other candi-
27 dates is filed with the secretary of the board. Each petition shall be
28 filed in the office of the secretary of the board, not later than the
29 thirty-sixth day preceding the election at which the candidates are to
30 be elected. The candidates receiving the largest number of votes in each
31 election district shall be elected to fill the vacancies on the board
32 occurring in each such election district.
33 3. At no time shall an election district have more than four members
34 serving on the board of trustees and in no instance shall a trustee
35 serve four consecutive terms.
36 4. No vacancy on the board to be filled shall be considered a separate
37 specific office. At any election of the district the voters may adopt a
38 proposition providing that in all subsequent elections vacancies on the
39 board shall be considered separate specific trustees and that the nomi-
40 nating petitions shall describe the specific vacancy on the board for
41 which the candidate is nominated, which description shall include at
42 least the length of the term of office and the name of the last incum-
43 bent, if any. No person shall be nominated for more than one specific
44 trustee. Such procedure shall be followed with respect to all nomi-
45 nations and elections in subsequent years until and unless such proposi-
46 tion is repealed by the voters of the district at an election by the
47 adoption of a proposition to repeal the same.
48 § 5. Finances. 1. The initial annual budget for the Northern Onondaga
49 Public Library District shall be determined by a vote of the voters of
50 the district in the initial election as hereinbefore provided. All
51 future annual budgets that increase or decrease the appropriation last
52 approved by the voters shall be submitted by the library board to the
53 residents of the library district for approval by a majority of those
54 residents voting at the annual election. Funds voted for library
55 purposes at the initial election and at all future budget elections
56 shall, unless otherwise directed by such vote, be considered as annual

A. 2070--C 5

1 appropriations therefor until changed by further vote and shall be
2 levied and collected yearly in the same manner and at the same time as
3 other town charges. In the event the budget is defeated, the district
4 shall operate at the same level approved by the voters in the preceding
5 year.
6 2. The board of trustees shall annually file with the clerks of the
7 town of Cicero and town of Clay and for the purposes specified in
8 section 104 of the town law an estimate of the proposed budget including
9 costs of library services to be raised by levy for the library district
10 in the year beginning with the succeeding first day of January. The town
11 boards shall not make any change in the estimate of revenues or expendi-
12 tures submitted by the board of the library district in preparation of
13 its preliminary budget as required by section 106 of the town law.
14 3. The town boards of the town of Cicero and town of Clay, in accord-
15 ance with section seven of this act, shall levy against the real proper-
16 ty lying within each town within the library district for the total
17 appropriation as approved by the voters as hereinbefore provided.
18 4. Upon written request from the board of trustees of the library
19 district, after approval by the qualified voters of the library district
20 to provide facilities or improved facilities for library purposes by a
21 separate resolution therefor voted upon at the same time as the annual
22 budget of the library district, the Northern Onondaga Public Library
23 shall have full power and authority to assign and pledge to the dormito-
24 ry authority any and all public funds to be apportioned or otherwise
25 made payable by the state, or a political subdivision, as defined in
26 section one hundred of the general municipal law, in an amount suffi-
27 cient to make all payments required to be made by such public library
28 pursuant to any agreement entered into between such public library and
29 the dormitory authority. All state and local officers are hereby
30 authorized and required to pay all such funds so assigned and pledged to
31 the dormitory authority or upon the direction of the authority to any
32 trustee of any authority bond or note issued, pursuant to a certificate
33 filed with any such state or local officer by the authority as required
34 by such agreement.
35 5. The board of trustees of the library district may accept on behalf
36 of the district any absolute gift, devise or bequest of real or personal
37 property and such conditional gifts, devises or bequests as it shall by
38 resolution approve.
39 6. The treasurer of the library district shall be custodian of all
40 funds of the library district including gifts and trust funds paid over
41 to the trustees. The board of trustees may authorize the investment of
42 funds in the custody of the treasurer in the same manner in which town
43 funds may be invested. The supervisors of the town of Cicero and town
44 of Clay shall pay over to the library district all moneys which belong
45 to or are raised for the library district. Such moneys shall be paid
46 over to the library district on or before the twenty-eighth day of
47 February of each year. Any additional moneys, including accrued interest
48 and penalties thereon, collected after February twenty-eighth by such
49 towns shall be paid to the library district within sixty days of receipt
50 thereof. No moneys shall be disbursed by the treasurer except after
51 audit by the board of trustees. The board of trustees shall audit all
52 claims and shall order the payment thereof, except as otherwise provided
53 by this section. No such claims shall be audited or ordered paid by the
54 trustees unless an itemized voucher therefor, certified or verified by
55 or on behalf of the claimant in such form as the board of trustees shall
56 prescribe, shall be presented to the board of trustees for audit and

A. 2070--C 6

1 allowance. The provisions of this section shall not be applicable to
2 payment of claims of fixed salaries and amounts which the library
3 district may be required to pay on account of retirement contributions
4 for past and current services to officers and employees of the library
5 district. The treasurer shall keep such records and in such manner as
6 the board of trustees may require.
7 § 6. Charter, commencement of operations, and transfer of property and
8 employees. The Northern Onondaga Public Library board of trustees first
9 appointed, pursuant to section three of this act, by the boards of trus-
10 tees of the Cicero Free Library, the North Syracuse Free Library and the
11 Brewerton Free Library shall, within thirty days from the date of
12 approval of the library district by the voters of the district, apply to
13 the board of regents for a charter as a public library. Upon the grant-
14 ing of such a charter by the board of regents and subsequent dissolution
15 of the Cicero Free Library, the North Syracuse Free Library and the
16 Brewerton Free Library, title to all personal property, tangible and
17 intangible, now held by the Cicero Free Library, the North Syracuse Free
18 Library and the Brewerton Free Library shall be transferred to, vested
19 in and be acquired by the library district hereby established. Upon the
20 granting of such a charter by the board of regents and dissolution of
21 the Cicero Free Library, the North Syracuse Free Library and the Brewer-
22 ton Free Library, all employees of the Cicero Free Library, the North
23 Syracuse Free Library and the Brewerton Free Library shall become
24 employees of the Northern Onondaga Public Library District upon similar
25 or comparable terms of employment and compensation as their previous
26 employment by the Cicero Free Library, the North Syracuse Free Library
27 or the Brewerton Free Library.
28 § 7. Levy of taxes. The several lots and parcels of land within the
29 area of said public library district are hereby determined to be bene-
30 fitted by the library facilities and services existing as of the effec-
31 tive date of this act and the town boards of the town of Cicero and town
32 of Clay are hereby authorized to assess levies and collect necessary
33 expenses of operation, maintenance and repair of such facilities and
34 services and such capital improvements including debt service on bonds,
35 notes or other evidences of indebtedness issued for the purpose of such
36 library district as may be hereafter authorized pursuant to the
37 provisions of this act from such lots and parcels of land in the same
38 manner and at the same time as other town charges.
39 § 8. Education law applicability. Except as otherwise provided by this
40 act, the provisions of the education law relating to public libraries
41 shall be applicable to the public library district herein established.
42 § 9. Whenever the North Syracuse Central School District includes an
43 appropriation for the Salina Free Library in its annual budget, such
44 appropriation shall be submitted to the voters of that portion of the
45 school district within the town of Salina in a separate resolution. Upon
46 approval by those voters, the appropriation shall be apportioned solely
47 to the portion of the school district within the town of Salina as part
48 of the apportionment of taxes pursuant to section 1314 of the real prop-
49 erty tax law. The moneys received shall be kept as a separate library
50 fund by the school district and shall be paid over to the treasurer of
51 the library upon the written demand of the trustees.
52 § 10. Section 5 of chapter 672 of the laws of 1993, amending the
53 public authorities law relating to the construction and financing of
54 facilities for certain public libraries, as amended by chapter 233 of
55 the laws of 1994, is amended to read as follows:““

A. 2070--C 7

1 § 5. The following libraries shall be eligible public libraries for
2 purposes of title 4 of article 8 of the public authorities law:
3 Comsewogue Public Library
4 Rogers Memorial Library Company
5 Hendrick Hudson Free Library
6 Northern Onondaga Public Library District
7 § 11. This act shall take effect immediately.


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