Chapter 627 of Laws of 1994

EXPLANATION: Matter in italics is new; matter in brackets [**] is old law to be deleted
 
                            LAWS OF NEW YORK, 1994
 
                                  CHAPTER 627
 
   AN  ACT to amend chapter 524 of the laws of 1987, relating to establish-
     ing the Greater Poughkeepsie library district, in the city and town of
     Poughkeepsie, Dutchess county, in relation to  such  library,  and
providing for the repeal of such provisions upon expiration thereof Became a law July 26, 1994, with the approval of the Governor. Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: Section 1. Chapter 524 of the laws of 1987. relating to establishing
the Greater Poughkeepsie library district. in the city and town of
Poughkeepsie, Dutchess county. is amended to read as follows:
Section 1. Notwithstanding the provisions of any general, special. or
local law to the contrary there is hereby created and established in
the city of PoughkeepsIe and town of Poughkeepsie Dutchess county, a
public library district, to be known as the [Greater] Poughkeepsie library
district, which shall include all the territory within the city of
Poughkeepsie and the town of Poughkeepsie. Dutchess county. except that
territory in the town of Poughkeepsie which is located in the village of
Wappingers Falls. [Nothing herein contained shall prohibit or limit the
right of the town of Poughkeepsie to contribute to the Grinnell
library.
]
§ 2. Title and interests in all library property both real and personal
and both tangible and intangible. now held by the Adriance
MemorIal library, or its board of trustees, or the city of Poughkeepsie,
shall be transferred to, vested in and be acquired by the Greater Poughkeepsie
library district herein created and established on the effective
date of this act. The above provisions for transfer to, vesting and acquisition
of real and personal property, both tangible and intangible,
are effectuated by operation of law pursuant to the authority of this
section. Notwithstanding the preceding, and for purposes of clarity of
real property records, the city of Poughkeepsie shall cause to be executed
a deed of conveyance to the Greater Poughkeepsie library district
for the parcel of real property known as Adriance Memorial Library including
the improvements situated thereon, which deed shall recite, inter
alia, that the transfer and vesting of ownership in the Greater
Poughkeepsie library district was effectuated upon the effective date of
this act.

§ 3. The fiscal year of the district shall begin on the first day of
January and end on the thirty-first day of December. The trustees of the
district, commencing in fiscal year 1995 and continuing thereafter,
shall annually prepare and, on or before the thirty-first day of August,
file in the office of the clerk or chamberlain of both the city of
Poughkeepsie and town of Poughkeepsie and in the office of the chief
executive officer of both the city of Poughkeepsie and the town of
Poughkeepsie detailed statements in writing of the amount of revenues
estimated to be received and expenditures estimated to be made during
the next fiscal year for the purposes of such library district. Such
statement of estimated revenues and estimated expenditures shall be in
balance and shall serve as the proposed annual budget for the district.
Such proposed annual budget shall identify the amount of revenue to be
assessed, levied and collected upon taxable real property within the
district and the source and amount of any other estimated revenues including
estimated available surplus. Commencing [upon the first fiscal
year during which the apportionment formula takes effect, as more fully
hereinafter set forth such annual budget shall be subject to approval
by the common council of the city of Poughkeepsie and the town board of
the town of Poughkeepsie. Such approval, or disapproval if such be the
case, shall be made not later than December first of each year. If the
legislative bodies of both municipalities do not each approve of such
annual budget by December first of any year, the library budget in effect
for the then current fiscal year shall become, by law, the library
budget for the next fiscal year. The city and the town shall make no
change in the district budget after municipal approval. For those years
during which no municipal approval is required, the city and town shall
make no change in the district budget as submitted by the district.
] in
1995 for the budget to be prepared for fiscal year 1996, the proposed
annual budget for the district as established by the trustees shall be
placed before the voters at the general election in the year preceding
the year for which the proposed budget has been established. Upon approval
of such proposed budget by a majority of the voters, in the portion
of the district located in the city and, also, upon approval of
such proposed budget by a majority of the voters, in the portion of the
district located in the town, the proposed budget shall become the
budget of the district for the following fiscal year. In the event that
the proposed budget is not approved by a majority of the voters in both
the portion of the district located in the city and the portion of the
district located in the town, then, and in such event, the proposed
budget shall be deemed amended so that the portion of the proposed
budget providing for real property tax revenue to be received from the
city and the town be changed to equal the real property tax revenue
provided for in the district budget in effect as of the time of the
vote. In the event that the voters do not approve the proposed budget as
aforesaid, and, upon the proposed budget being deemed amended as
provided, the real property taxes to be levied by the city and the town
for the district shall be levied in an amount required to provide the
city and town contribution as herein set forth rather than the city and
town contribution as set forth in the proposed budget.
After the annual
budgets for the city and the town have been adopted by the city of
Poughkeepsie and the town of Poughkeepsie, the city and town shall assess
and levy upon the taxable real property within the district the
amounts to be raised br tax for the purposes of the district as specified
in the district s annual budget and shall cause the amount so assessed
and levied to be collected, in the same manner and at the same
time and by the same officers as city taxes and town taxes are assessed
levied and collected. [When such taxes are collected, the amount thereof
shall be paid by the cIty and the town to the treasurer of the district.
The trustees of the district shall, prior to the adoption of the annual
budgets by the city and the town, certify to the chief executive officers
of the city and the town, separately the separate assessed valuation
of the taxable property within the district located in the city and
the separate assessed valuation of the taxable property within the district
located in the town, as such assessed valuation shall appear on
the latest completed assessment rolls of the city and the town.
] The
commissioner of finance of the city of Poughkeepsie shall pay to the
by said commissioner. Such installment payments shall be made on January
1, April 1, July 1 and October 1. If the full amount of such taxes have
not been received by such commissioner of finance on or before December
31, then such commissioner of finance shall pay to the treasurer of the
district the balance of moneys for uncollected district taxes on or
before December 31. When the full amount of taxes for district purposes
shall have been paid to the treasurer of the district by such commissioner
of finance, all liens for unpaid taxes shall belong to the city
and shall thereafter be collected in the manner provided for city taxes.
The chief fiscal officer of the town shall pay to the treasurer of the
district the full amount of the tax levy of the district assessed and
levied within the town by April 1.
The amount of taxes for district purposes
to be assessed, levied and collected upon the property within the
city and upon the property within the district in the town shall be apportioned
in accordance with the proportion that the [assessed valuation
of real property
] population within that portion of the district in each
municipality shall bear to the [total assessed valuation of the taxable
real property
] population within the entire district[. Notwithstanding
the preceding apportionment formula, the amount of taxes for district
purposes to be assessed, levied and collected upon the property within
the city and the town for the fiscal years, if any, after the effective
date of this act and until the implementation of the above apportionment
formula shall be as hereinafter set forth. The city of Poughkeepsie's
payments shall be two hundred seventy-five thousand dollars ($275,000)
for fiscal years nineteen hundred eighty-eight and nineteen hundred
eighty-nine and thereafter three hundred thousand dollars ($300,000) for
each fiscal year until the implementation of the aforesaid apportionment
formula. For each year until the apportionment formula takes effect, the
town of Poughkeepsie's payment shall be a sum determined by subtracting
from a number equal to sixty (60) per centum of the overall entire
budget of the library the amount of the city contribution
], as determined
by the population data supplied from the most recent completed
census undertaken by the United States Census Bureau. The amounts to be
raised by tax for the purposes of the district shall not exceed sixty
(60) per centum of the overall entire budget of the district.
The
balance of the district budget shall be provided from other sources including,
but not limited to, state funding, federal funding, county
funding, other governmental funding and pr1vate contributions and
funding.
[§ 4. The apportionment formula will come into effect at the time
herein set forth. For each fiscal year commencing with the year nineteen
hundred eighty-eight, the trustees shall compute the allocable contribution
of the city of Poughkeepsie and the town of Poughkeepsie based upon
the district's proposed budget for the coming fiscal year as if the apportionment
formula were in effect. For any fiscal year in which the
contribution of the city of Poughkeepsie, measured by such computation,
would exceed the sum of three hundred thousand dollars ($300,000), then,
and for such year and each year thereafter, the apportionment formula
shall take effect, and the requirement for municipal legislative approval
of the library budget for such year and each succeeding year
shall take effect.
§ 5. The trustees of the district may, from time to time, amend the
district budget as required to properly operate and carry out the functions
of the district. The trustees may make additional appropriations
or increase existing appropriations to the extent that actual revenues,
together with actual surplus, exceed the total of revenues and appropriated
cash surplus as estimated in the budget.
§ 6.
] § 4. The trustees of the district, during a fiscal year, by
resolution, may make additional appropriations or increase existing appropriations
and shall provide for the financing thereof. Moneys therefor
may be provided from the unexpended balance of an appropriation,
from the appropriation for contingencies, from unappropriated fund
balance or unanticipated revenues within a fund. Unappropriated fund
balance of unanticipated revenues shall be utilized only to the extent
that the total of all revenues of such fund, together with fund balance,
exceeds the total of all revenues and appropriated fund balance as estimated
in the budget. Notwithstanding the above, grants in aid received
from the state and federal governments, gifts which are required to be
expended for particular objects or purposes, and insurance proceeds
received for the loss, theft, damage or destruction of real or personal
property, when proposed to be used or applied to repair or replace such
property, may be appropriated by resolution of the trustees of the district
at any time for such object or purpose.
§ 5. The proposed budget prepared by the trustees shall contain a
statement setting forth the percentage increase or decrease, as the case
may be, in the real property tax revenues proposed to be received from
the city and town as compared to the real property tax revenues received
or to be received from the city and town for the year in effect at the
time of the proposed budget. In the event that General Fund Appropriations
have increased for both the city and town, then any percentage increase
in real property tax revenues proposed to be received from the
city and town shall not exceed the lesser of the percentage increases in
General Fund Appropriations of the city and town. In the event that General
Fund Appropriations have decreased for the city or town, or both
the city and town, then there shall be a percentage decrease in the real
property tax revenues proposed to be received from the city and town in
an amount equal to or greater than the greater of the percentage decreases
in General Fund Appropriations of the city and town. General
Fund Appropriation increases and decreases for the city and town shall
be computed by comparing the General Fund Appropriations as of January 1
of the year in which the proposed budget is prepared with the General
Fund Appropriations as of January 1 of the year immediately prior. The
chief fiscal officers of the city and town shall certify to the treasurer
of the district the percentage increase or decrease in their
respective General Fund Appropriations by May 1.
§ 6. For fiscal year 1995, notwithstanding any other provisions herein
contained providing for adoption of a budget and contribution by the
city and the town to the district budget, the city of Poughkeepsie and
the town of Poughkeepsie shall contribute as their respective share of
district expenses such sum as each of the said municipal bodies determines
in the budget to be adopted by each such municipal body for the
year 1995. The trustees shall adopt a budget for fiscal year 1995 which
budget as adopted by the trustees, based upon the contributions to be
made by the city of Poughkeepsie and the town of Poughkeepsie, together
with the other revenues projected to be received by the trustees, shall
be the budget for the district's fiscal year 1995. The provisions for
proposed budget and public vote are not applicable to the district's
fiscal year 1995 but, rather, are to commence for the district's fiscal
year 1996.
§ 7. Notwithstanding the provisions in this act providing for contribution
by the city of Poughkeepsie and the town of Poughkeepsie of
real property tax revenue to the district, the city of Poughkeepsie and
the town of Poughkeepsie, each, separately, for itself, in any year,
may, at its election, subject to the availability of funds, contribute
funds other than real property tax revenue funds in place of real
property tax revenue funds. This provision shall not change the dollar
amount of contribution required from the city or the town but, rather,
is included for the limited purpose of authorizing contribution of funds
other than real property tax revenue funds in whole, or in part, in
lieu of real property tax revenue funds. In the event of an election by
the city of Poughkeepsie or the town of Poughkeepsie pursuant to the
authorization contained in this section, the contribution of such funds
from sources other than real property tax revenue sources shall be
deemed to be real property tax revenue funds for all other purposes of
this act.
§ 8.
The district shall be governed by a board of trustees consisting
of eleven trustees. [Five of the trustees shall be appointed by the
mayor of the city of Poughkeepsie and six of the trustees shall be appointed
by the supervisor of the town of Poughkeepsie.
] Seven of the
trustees shall be elected at an election to be held within this portion
of the district located in the town of Poughkeepsie and four of the
trustees shall be elected at an election to be held within the portion
of the district located in the city of Poughkeepsie. The trustees
elected at the election in the town of Poughkeepsie must be residents of
the town of Poughkeepsie and the trustees elected in the city of Poughkeepsie
must be residents of the city of Poughkeepsie.
The trustees
shall serve for a term of five years and until his or her successor is
[appointed] elected and qualified; provided, however that of the
trustees first [appointed, the mayor of the city of Poughkeepsie shall
initially appoint one trustee to a term of five years, one trustee to a
term of four years, one trustee to a term of three years, one trustee to
a term of two years, and one trustee to a term of one year and the
supervisor of the town shall similarly provide for initial appointments,
except that two of the trustees initially appointed by the supervisor
shall be for a term of one year. Effective with the fiscal year nineteen
hundred ninety-one the trustees appointed by the mayor of the city of
Poughkeepsie shall be reduced to four and the number of trustees appointed
by the town supervisor shall be increased to seven. The additional
trustee appointed by the town supervisor shall be initially appointed
for a full five year term.
] elected in the town of Poughkeepsie,
two of such trustees shall be elected for a five year term, two of such
trustees shall be elected for a four year term, one of such trustees
shall be elected for a three year term, one of such trustees shall be
elected for a two year term and one of such trustees shall be elected
for a one year term; provided, however, that of the trustees first
elected in the city of Poughkeepsie one of such trustees shall be
elected for a five year term, one of such trustees shall be elected for
a four year term, one of such trustees shall be elected for a three year
term and one of such trustees shall be elected for a two year term. The
first election of trustees shall be held at the general election to be
held in 1994.
Two-thirds of the trustees shall constitute a quorum. Action
of the trustees shall require a two-thirds vote of the entire
board. Vacancies shall be filled by appointment by the trustees,
provided, however, that an election shall be held at the first available
general election day after the happening of a vacancy. The person or
persons appointed by the trustees shall serve until a successor is
elected and qualified as provided herein. Vacancies for trustees elected
within the city of Poughkeepsie shall be filled by city of Poughkeepsie
residents and vacancies for trustees elected within the town of Poughkeepsie
shall be filled by town of Poughkeepsie residents.

§ [7] 9. Trustees shall receive no compensation for their services but
shall be entitled to the necessary expenses, including travel expenses,
incurred in the discharge of their duties.
§ [8] 10. [The mayor and the town supervisor shall jointly designate
one ot the eleven initial trustees to serve as the initial chairperson.
]
The trustees shall proceed to elect a chairperson and such other officers
as they deem appropriate for the effective operation of the
district. The trustees shall designate a person to serve as treasurer of
the district[, who may be a fiscal officer of either the city of Poughkeepsie
or tne town of Poughkeepsie
]. The district shall provide audited
financial statements made in accordance with generally accepted accounting
principals
*1* to the fiscal officer of the city and the fiscal officer
of the town within six (6) months of the close of each fiscal year for
the district.

§ [9] 11. The district shall constitute a public library pursuant to
the provisions of the education law as the same may, from time to time,
be amended, and shall have the powers and duties, except as otherwise
provided in this act, now or hereafter conferred by law upon public libraries
and their trustees.
§ [10] 12. For purposes of section thirty-one of the retirement and
social security law the district shall be considered a public organization
and eligible to file for participation in the New York state and
local
employees' retirement system. The employees of the city of Poughkeepsie
employed at the Adriance Memorial library as of the effective
date of this act shall become employees, immediately, of the district
under the same terms and conditions ot employment under the civil service
law and collective bargaining agreements as existed immediately
prior to the effective date of this act. Employment shall be deemed to
be continuous and uninterrupted for all purposes including pension
rights, seniority, rates of pay, accrued benefits and, in addition, all
other terms and conditions of employment. District employees shall not
be required to be residents of the district.
*1* So in original. Probably should be "principles".
§ [11] 13. The acquisition, construction and reconstruction of facilities,
including land, for such district are hereby determined to be city
and town purposes, respectively, for which the city and town are hereby
authorized to contract indebtedness on behalf of the district. Any such
indebtedness shall be deemed to be for a joint service and shall be contracted
in the manner authorized by the local finance law. The proceeds
of obligations issued pursuant to this section shall be paia to the
treasurer of the district and maintained in a segregated fund in accordance
with section 165.00 of the local finance law. The district is not
authorized to incur indebtedness. To the extent that the city and town
elect to contract indebtedness on behalf of the district, the amount of
any such indebtedness shall be apportioned between the city and town
pursuant to the provisions for ratio of population as set forth in section
three of this act
.
[§ 12. No capital expense in an amount exceeding one hundred thousand
dollars shall be incurred without prior approval of the common council
of the city and the town board of the town of Poughkeepsie. These expenses,
less those funds derived from other sources, shall be apportioned
between the city and town pursuant to the apportionment formula.
Such formula shall be applicable even if any capital expense is incurred
prior to the time that the apportionment formula is applicable for any
other purpose.
]
§ [13] 14. The district, in addition to any other library facilities
it may maintain and operate, shall maintain and operate a library facility
to be known as the Adriance Memorial library to be located at 93
Market Street, Poughkeepsie, New York. The district, in addition to any
other library facilities it may maintain and operate, shall maintain and
operate a library facility at the location at which the district now
operates the Maplewood Branch. The district's obligation to maintain and
operate a library facility at the Haplewood Branch is limited to the
operation of a library facility within the dollar amount provided to the
district pursuant to the Land Disposition Agreement of June 17, 1982 by
and between the City of Poughkeepsie and BIDC Construction Corp. as the
same has been assigned and amended. The maintenance and operation of a
library facility at Haplewood beyond the dollar amount provided pursuant
to the aforesaid Land Disposition Agreement is a matter within the
discretion of the trustees. Further, upon the expiration of the provision
in the aforesaid Land Disposition Agreement for provision of funds
for a library facility at Maplewood, the continuation of such a library
facility shall be determined in the discretion of the trustees. Further,
and to the extent that new or additional locations for the provision of
library service are determined to be required, the district shall give
preference to the selection of new or additional locations within the
portion of the district located in the town to the extent practicable.
Notwithstanding the preceding, anyone or more new or additional locations
may be located within any portion of the district upon a finding
that location of such a new or additional location is not practicable.

[§ 14. The city and town of Poughkeepsie shall each, in cooperation
with the state boara of elections, conduct a referendum within its portion
of the district at a time to be established by the governing body
of each municipality on the basis of this act.
]
§ 15. The terms of offices of the trustees heretofore appointed by the
mayor of the city of Poughkeepsie and the supervisor of the town of
Poughkeepsie shall terminate upon the election and qualification of the
elected trustees provided for in this act.

§ 16. This act shall take effect immediately [provided, however, that
sections one through thirteen of this act shall take effect only on the
approval by the voters of both of the aforesaid municipalities of the
referenda provided for under section fourteen of this act and that the
board of elections shall notify the legislative bill drafting commission
upon the occurrence of voter approval with respect to such referenda in
order that the commission may retain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effecting the provisions of section forty-four of the
legislative law and section seventy-five-b of the public officers law
].
A referendum was heretofore held pursuant to former section fourteen of
this chapter and the voters heretofore approved the creation of the district
and the district has heretofore come into being and remains in effect
as provided in this chapter.

§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on December 31, 1997.

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