Sample Legislation: Greater Poughkeepsie Library District

NOTE: 9229--A became Chapter 524 of the Laws of 1987. That law was declared unconstitutional by the courts (Court of Appeals, 1993, 81 NY2d 574external link opens in a new window). It was subsequently revised to make it constitutional by Chapter 627 of Laws of 1994 and Chapter 361 of Laws of 1997.



Cal. No. 1267



June 2, 1986


Introduced by Sen. ROLISON -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- ordered to a
third reading, amended and ordered reprinted, retaining its place in
the order of third reading

AN ACT to establish the Greater Poughkeepsie library district, in the
city and town of Poughkeepsie, Dutchess county

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

1 Section 1. Notwithstanding the provisions of any general, special, or
2 local law to the contrary, there is hereby created and established in
3 the city of Poughkeepsie and town of Poughkeepsie, Dutchess county, a
4 public library district, to be known as the Greater Poughkeepsie library
5 district, which shall include all the territory within the city of
6 Poughkeepsie and the town of Poughkeepsie, Dutchess county. Nothing
7 herein contained shall prohibit or limit the right of the town of Pough-
8 keepsie to contribute to the Grinnel library.
9 § 2. Title and interests in all library property both real and per-
10 sonal, and both tangible and intangible, now held by the Adriance
11 Memorial library, or its board of trustees, or the city of Poughkeepsie,
12 shall be transferred to, vested in and be acquired by the Greater Pough-
13 keepsie library district herein created and established on the effective
14 date of this act.
15 § 3. The fiscal year of the district shall begin on the first day of
16 January and end on the thirty-first day of December. The trustees of the
17 district shall annually prepare and file in the office of the clerk or
18 chamberlain of both the city of Poughkeepsie and town of Poughkeepsie
19 and in the office of the chief executive officer of both the city of
20 Poughkeepsie and the town of Poughkeepsie detailed statements in writing
21 of the amount of revenues estimated to be received and expenditures es-
22 timated to be made during the next fiscal year for the purposes of such
23 library district. Such statement of estimated revenues and estimated ex-

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


S. 9229--A 2

1 penditures shall be in balance and shall serve as the annual budget for
2 the district. Such annual budget shall identify the amount of revenue to
3 be assessed, levied and collected upon taxable real property within the
4 district and the source and amount of any other estimated revenues. Com-
5 mencing upon the first fiscal year during which the apportionment for-
6 mula takes effect, as more fully hereinafter set forth, such annual
7 budget shall be subject to approval by the common council of the city of
8 Poughkeepsie and the town board of the town of Poughkeepsie. Such ap-
9 proval, or disapproval if such be the case, shall be made not later than
10 December first of each year. If there is no approval by the legislative
11 bodies of both municipalities by December first of each year, the li-
12 brary budget in effect for the then current fiscal year shall become, by
13 law, the library budget for the next fiscal year. The city and the town
14 shall make no change in the district budget after municipal approval.
15 For those years during which no municipal approval is required, the city
16 and town shall make no change in the district budget as submitted by the
17 district. After the annual budgets for the city and the town have been
18 adopted by the city of Poughkeepsie and the town of Poughkeepsie, the
19 city and town shall assess and levy upon the taxable real property
20 within the district the amounts to be raised by tax for the purposes of
21 the district as specified in the district's annual budget and shall
22 cause the amount so assessed and levied to be collected, in the same
23 manner and at the same time and by the same officers as city taxes and
24 town taxes are assessed, levied and collected. When such taxes are col-
25 lected, the amount thereof shall be paid by the city and the town to the
26 treasurer of the district. The trustees of the district shall, prior to
27 the adoption of the annual budgets by the city and the town, certify to
28 the chief executive officers of the city and the town, separately, the
29 separate assessed valuation of the taxable property within the district
30 located in the city and the separate assessed valuation of the taxable
31 property within the district located in the town, as such assessed valu-
32 ation shall appear on the latest completed assessment rolls of the city
33 and the town. The amount of taxes for district purposes to be assessed,
34 levied and collected upon the property within the city and upon the
35 property within the town shall be apportioned in accordance with the
36 proportion that the assessed valuation within each municipality shall
37 bear to the total assessed valuation of the taxable real property within
38 the entire district. Notwithstanding the preceding apportionment for-
39 mula, the amount of taxes for district purposes to be assessed, levied
40 and collected upon the property within the city and the town for the
41 fiscal years, if any, after the effective date of this act and until the
42 implementation of the above apportionment formula shall be as hereinaf-
43 ter set forth. The city of Poughkeepsie's payments shall be two hundred
44 seventy-five thousand dollars ($275,000) for fiscal years nineteen hun-
45 dred eighty-seven and nineteen hundred eighty-eight and thereafter three
46 hundred thousand dollars ($300,000) for each fiscal year until the im-
47 plementation of the apportionment formula. For each year until the ap-
48 portionment formula takes effect, the town of Poughkeepsie's payment
49 shall be a sum determined by subtracting from a number equal to sixty
50 (60) per centum of the overall entire budget of the library the amount
51 of the city contribution. The balance of the district budget shall be
52 provided from other sources including but not limited to state funding,
53 federal funding, county funding, other governmental funding and private
54 contributions and funding.

S. 9229--A 3

1 § 4. The apportionment formula will come into effect at the time
2 herein set forth. For each fiscal year commencing with the year nineteen
3 hundred eighty-seven, the trustees shall compute the allocable contribu-
4 tion of the city of Poughkeepsie and the town of Poughkeepsie based upon
5 the district's proposed budget for the coming fiscal year as if the ap-
6 portionment formula were in effect. For any fiscal year in which the
7 contribution of the city of Poughkeepsie, measured by such computation,
8 would exceed the sum of three hundred thousand dollars ($300,000), then,
9 and for such year and each year thereafter, the apportionment formula
10 shall take effect, and the requirement for municipal legislative ap-
11 prova1 of the library budget for such year and each succeeding year
12 shall take effect.
13 § 5. The trustees of the district, within the total amount assessed
14 and levied by the city and town, may from time to time amend the dis-
15 trict budget as required to properly operate and carry out the functions
16 of the district.
17 § 6. The district shall constitute a body corporate and politic and be
18 perpetual in duration. The district shall be governed by a board of
19 trustees consisting of eleven trustees. Five of the trustees shall be
20 appointed by the mayor of the city of Poughkeepsie and six of the
21 trustees shall be appointed by the supervisor of the town of
22 Poughkeepsie. The trustees shall serve for a term of five years and un-
23 til his or her successor is appointed and qualified; provided, however,
24 that of the trustees first appointed, the mayor of the city of Pough-
25 keepsie shall initially appoint one trustee to a term of five years, one
26 trustee to a term of four years, one trustee to a term of three years,
27 one trustee to a term of two years, and one trustee to a term of one
28 year, and the supervisor of the town shall similarly provide for initial-
29 appointments, except that two of the trustees initially appointed by the
30 supervisor shall be for a term of one year. Effective with the fiscal
31 year nineteen hundred ninety, the trustees appointed by the mayor of the
32 city of Poughkeepsie shall be reduced to four and the number of trustees
33 appointed by the town supervisor shall be increased to seven. The addi-
34 tional trustee appointed by the town supervisor shall be initially ap-
35 pointed for a full five year term. A majority of the trustees shall con-
36 stitute a quorum. Action of the trustees shall require a two-thirds
37 vote.
38 § 7. Trustees shall receive no compensation for their services but
39 shall be entitled to the necessary expenses, including travel, expenses,
40 incurred in the discharge of their duties.
41 § 8. The mayor and the town supervisor shall jointly designate one of
42 the eleven initial trustees to serve as the initial chairperson. The
43 trustees shall proceed to elect a chairperson and such other officers as
44 they deem appropriate for the effective operation of the district. The
45 trustees shall designate a person to serve as treasurer of the district.
46 The district may designate a fiscal officer of either the city of Pough-
47 keepsie or the town of Poughkeepsie to serve as treasurer of the
48 district.
49 § 9. The district shall constitute a public library pursuant to the
50 provisions of the education law as the same may, from time to time, be
51 amended, and shall have the powers and duties, except as otherwise
52 provided in this act, now or hereafter conferred by law upon public li-
53 braries and their trustees.
54 § 10. The employees of the city of Poughkeepsie employed at the
55 Adriance Memorial library as of the effective date of this act shall

S. 9229--A 4

1 become employees, immediately, of the district under the same terms and
2 conditions of employment under the civil service law and collective bar-
3 gaining agreements as existed immediately prior to the effective date of
4 this act. Employment shall be deemed to be continuous and uninterrupted
5 for all purposes including pension rights, seniority, rates of pay, ac-
6 crued benefits, and in addition, all other terms and conditions of
7 employment. District employees shall not be required to be residents of
8 the district.
9 § 11. The acquisition, construction and reconstruction of facilities,
10 including land, for such district are hereby determined to be city and
11 town purposes, respectively, for which the city and town are hereby
12 authorized to contract indebtedness on behalf of the district. Any such
13 indebtedness shall be contracted in the manner authorized by the local
14 finance law.
15 § 12. Capital expenditures incurred by the district, including but not
16 limited to expenditures incurred for construction of new or replacement
17 facilities, in amounts exceeding one hundred thousand dollars shall
18 require approval by the city and town of Poughkeepsie. These expendi-
19 tures, less those funds derived from other sources, shall be apportioned
20 between the city and town pursuant to the apportionment formula. Such
21 formula shall be applicable even if any capital expenditure is incurred
22 prior to the time that the apportionment formula is applicable for any
23 other purpose.
24 § 13. The district, in addition to any other library facilities it may
25 maintain and operate, shall maintain and operate a library facility, to
26 be known as the Adriance Memorial Library to be located at 93 Market
27 Street, Poughkeepsie, New York.
28 § 14. The city and town of Poughkeepsie shall each, in cooperation
29 with the state board of elections, conduct a referendum on the basis of
30 this act.
31 § 15. This act shall take effect immediately, provided, however, that
32 sections one through thirteen of this act shall take effect on approval
33 by voters of the referendum provided for under section fourteen of this
34 act and that the board of elections shall notify the legislative bill
35 drafting commission upon the occurrence of voter approval with respect
36 to such referendum in order that the commission may retain an accurate
37 and timely effective data base of the official text of the laws of the
38 state of New York in furtherance of effecting the provisions of section
39 forty-four of the legislative law and section seventy-five-b of the pub-
40 lic officers law.

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