Sample Legislation: Staatsburg Library District

STATE OF NEW YORK

________________________________________________________________________

S. 3299--A A. 6607--A
Cal. No. 964

2001-2002 Regular Sessions

S E N A T E - A S S E M B L Y

March 6, 2001
___________

IN SENATE -- Introduced by Sen. SALAND -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment -- committee discharged and said bill committed to the Committee
on Rules -- ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading

IN ASSEMBLY -- Introduced by M. of A. MILLER -- read once and referred
to the Committee on Libraries and Education Technology -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee

AN ACT to establish two public library districts, to be known as the
"Hyde Park library district" and the "Staatsburg library district", in
the town of Hyde Park, county of Dutchess

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 are hereby created and established in
3 the town of Hyde Park, county of Dutchess two public library districts
4 which shall be known as:
5 a. the "Hyde Park library district" and shall include all of the town
6 of Hyde Park, except those portions of such town which are within the
7 Staatsburg fire district or the Hillside fire district; and
8 b. the "Staatsburg library district" and shall include all those
9 portions of the town of Hyde Park which are within the Staatsburg fire
10 district and/or the Hillside fire district.
11 S 2. Creation of the Hyde Park library district and the Staatsburg
12 library district. Neither of the public library districts herein
13 described shall come into existence unless and until each is approved
14 and the initial proposed budget of each district is approved by a vote
15 of the majority of the qualified voters casting votes in elections held
16 pursuant to the provisions set forth in sections three and four of this

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD03952-05-1

S. 3299--A 2 A. 6607--A

1 act. These issues shall be voted on separately by the voters of the
2 Hyde Park library district and the Staatsburg library district. If a
3 majority of the voters residing in the Hyde Park library district
4 approve the formation of a district and the initial proposed budget and
5 a majority of the voters residing in the Staatsburg library district
6 approve the formation of a district and the initial proposed budget then
7 the two districts shall come into existence on the terms and conditions
8 set forth herein. If either the voters residing in the Hyde Park library
9 district or the Staatsburg library district do not approve the formation
10 of a district by a majority vote at said election respectively, then the
11 districts shall not come into existence.
12 S 3. Election; Hyde Park library district. 1. Upon receipt of a peti-
13 tion signed by not less than twenty-five voters qualified to vote in the
14 Hyde Park library district at a general town election from such public
15 library district hereby created requesting such an election, the board
16 of trustees of the Hyde Park free library shall give notice of an
17 election to be conducted on the second Thursday in September of 2001. At
18 such election the issues shall be:
19 a. whether the public library district herein described shall be
20 created or not;
21 b. whether the budget therefor proposed by such board of trustees
22 shall be approved or disapproved; and
23 c. the election of two trustees. The trustees of the Hyde Park free
24 library shall give notice of such election by the publication of a
25 notice in one or more newspapers having a general circulation in the
26 district to be served. The first publication of such notice shall be
27 not less than thirteen days and not more than twenty days prior to the
28 date of such election. In addition, the board of trustees of the Hyde
29 Park free library shall cause copies of such notice to be posted
30 conspicuously in five public places in the district at least thirteen
31 days prior to the date of such election. Such notice shall specify the
32 time when and the place where such election will be held, the issues to
33 be decided at such election and the hours during which the polls will be
34 open for receipt of ballots. The board of trustees of the Hyde Park free
35 library shall prepare the ballots for such elections and the polls shall
36 remain open for the receipt thereof at all elections from seven o`clock
37 p.m. until ten o`clock p.m., and such additional consecutive hours prior
38 thereto as the board of trustees of the Hyde Park free library may have
39 determined and specified in the notice thereof. The board of trustees
40 shall designate a resident taxpayer of the town of Hyde Park to act as
41 chairman of any election of such district and shall designate not less
42 than two nor more than four resident taxpayers to act as election
43 inspectors and ballot clerks at such election. No trustee shall serve as
44 such chairman or as an election inspector or ballot clerk. The board of
45 trustees may adopt a resolution providing that such chairman, election
46 inspectors and ballot clerks shall be paid for their respective services
47 at the initial election. At any annual or special election after the
48 creation of such library district, the board of trustees of the Hyde
49 Park library district may adopt a resolution providing that the chair-
50 man, election inspectors and ballots clerks at the election shall be
51 paid for their respective services. Such resolution, if adopted, may
52 fix reasonable compensation for the services of each such official.
53 Every voter of the library district otherwise qualified to vote at a
54 general town election in the town of Hyde Park shall be qualified to
55 vote at the initial election. After the polls have been closed at such
56 election, the election inspectors and ballot clerks shall immediately

S. 3299--A 3 A. 6607--A

1 canvas publicly the ballots cast and the chairman of the election shall
2 publicly announce the result. Within seventy-two hours thereafter, the
3 chairman, election inspectors and ballot clerks shall execute and file a
4 certificate of the result of the canvas with the board of trustees and
5 with the town clerk of the town of Hyde Park.
6 2. In the event that the Hyde Park library district is created, then
7 there shall be an annual election conducted by the board of trustees in
8 accordance with the provisions of subdivision one of this section at a
9 time to be set by such board, at which election vacancies on the board
10 of trustees shall be filled and at which any proposed budget which the
11 board shall determine to submit to the voters pursuant to section six of
12 this act shall be submitted to the voters.
13 3. Candidates for the office of member of the board of trustees shall
14 be nominated by petition. No vacancy upon the board of trustees to be
15 filled shall be considered a separate specific office. A separate peti-
16 tion shall be required to nominate each candidate for a vacancy on the
17 board. Each petition shall be directed to the secretary of the district,
18 shall be signed by at least twenty-five qualified voters of the
19 district, or two percent of the voters who voted in the previous annual
20 election of the members of the board of trustees, whichever is greater,
21 (such number to be determined by the number of persons recorded on the
22 poll list as having voted at such election) shall state the residence of
23 each signer, and shall state the name and residence of the candidate. In
24 the event that any such nominee shall withdraw his candidacy prior to
25 the election, such person shall not be considered a candidate unless a
26 new petition nominating such person in the same manner and within the
27 same time limitations applicable to other candidates is filed with the
28 secretary of the district. Each petition shall be filed in the office of
29 the secretary of the district between the hours of nine o`clock a.m. and
30 five o`clock p.m., not later than the thirtieth day preceding the meet-
31 ing or election at which the candidates nominated are to be elected.
32 4. At any election in such district, the voters may adopt a proposi-
33 tion providing that, in all subsequent elections, vacancies upon the
34 board of trustees shall be considered separate specific offices and that
35 the nominating petitions shall describe the specific vacancy upon the
36 board of trustees for which the candidate is nominated, which
37 description shall include at least the length of the term of office and
38 the name of the last incumbent, if any. No person shall be nominated for
39 more than one specific office. Such procedure shall be followed with
40 respect to all nominations and elections in subsequent years until and
41 unless such proposition is repealed by the electors of the district at a
42 regular election by the adoption of a proposition to repeal the same.
43 S 4. Election; Staatsburg library district. 1. Upon receipt of a
44 petition signed by not less than twenty-five voters qualified to vote in
45 the Staatsburg library district at a general town election from such
46 public library district hereby created requesting such an election, the
47 board of trustees of the Staatsburg library society shall give notice of
48 an election to be conducted on the second Thursday in September of 2001.
49 At such election the issues shall be:
50 a. whether the public library district herein described shall be
51 created or not;
52 b. whether the budget therefor proposed by such board of trustees
53 shall be approved or disapproved; and
54 c. the election of two trustees. The Staatsburg library society shall
55 give notice of such election by the publication of a notice in one or
56 more newspapers having a general circulation in the district to be

S. 3299--A 4 A. 6607--A

1 served. The first publication of such notice shall be not less than
2 thirteen days and not more than twenty days prior to the date of such
3 election. In addition, the board of trustees of the Staatsburg library
4 society shall cause copies of such notice to be posted conspicuously in
5 five public places in the district at least thirteen days prior to the
6 date of such election. Such notice shall specify the time when and the
7 place where such election will be held, the issues to be decided at such
8 election and the hours during which the polls will be open for receipt
9 of ballots. The board of trustees of the Staatsburg library society
10 shall prepare the ballots for such elections and the polls shall remain
11 open for the receipt thereof at all elections from seven o`clock p.m.
12 until ten o`clock p.m., and such additional consecutive hours prior
13 thereto as the board of trustees of the Staatsburg library society may
14 have determined and specified in the notice thereof. The board of trus-
15 tees shall designate a resident taxpayer of the town of Hyde Park to act
16 as chairman of any election of such district and shall designate not
17 less than two nor more than four resident taxpayers to act as election
18 inspectors and ballot clerks at such election. No trustee shall serve as
19 such chairman or as an election inspector or ballot clerk. The board of
20 trustees may adopt a resolution providing that such chairman, election
21 inspectors and ballot clerks shall be paid for their respective services
22 at the initial election. At any annual or special election after the
23 creation of such library district, the board of trustees of the Staats-
24 burg library district, as the case may be, may adopt a resolution
25 providing that the chairman, election inspectors and ballot clerks at
26 the election shall be paid for their respective services. Such resol-
27 ution, if adopted, may fix reasonable compensation for the services of
28 each such official. Every voter of the library district otherwise quali-
29 fied to vote at a general town election in the town of Hyde Park shall
30 be qualified to vote at the initial election. After the polls have been
31 closed at such election, the election inspectors and ballot clerks shall
32 immediately canvas publicly the ballots cast and the chairman of the
33 election shall publicly announce the result. Within seventy-two hours
34 thereafter, the chairman, election inspectors and ballot clerks shall
35 execute and file a certificate of the result of the canvas with the
36 board of trustees and with the town clerk of the town of Hyde Park.
37 2. In the event that the Staatsburg library district is created, then
38 there shall be an annual election conducted by the board of trustees in
39 accordance with the provisions of subdivision one of this section at a
40 time to be set by such board, at which election vacancies on the board
41 of trustees shall be filled and at which any proposed budget which the
42 board shall determine to submit to the voters pursuant to section six of
43 this act shall be submitted to the voters.
44 3. Candidates for the office of member of the board of trustees shall
45 be nominated by petition. No vacancy upon the board of trustees to be
46 filled shall be considered a separate specific office. A separate peti-
47 tion shall be required to nominate each candidate for a vacancy on the
48 board. Each petition shall be directed to the secretary of the district,
49 shall be signed by at least twenty-five qualified voters of the
50 district, or two percent of the voters who voted in the previous annual
51 election of the members of the board of trustees, whichever is greater,
52 (such number to be determined by the number of persons recorded on the
53 poll list as having voted at such election) shall state the residence of
54 each signer, and shall state the name and residence of the candidate. In
55 the event that any such nominee shall withdraw his candidacy prior to
56 the election, such person shall not be considered a candidate unless a

S. 3299--A 5 A. 6607--A

1 new petition nominating such person in the same manner and within the
2 same time limitations applicable to other candidates is filed with the
3 secretary of the district. Each petition shall be filed in the office of
4 the secretary of the district between the hours of nine o`clock a.m. and
5 five o`clock p.m., not later than the thirtieth day preceding the meet-
6 ing or election at which the candidates nominated are to be elected.
7 4. At any election in such district, the voters may adopt a proposi-
8 tion providing that, in all subsequent elections, vacancies upon the
9 board of trustees shall be considered separate specific offices and that
10 the nominating petitions shall describe the specific vacancy upon the
11 board of trustees for which the candidate is nominated, which
12 description shall include at least the length of the term of office and
13 the name of the last incumbent, if any. No person shall be nominated for
14 more than one specific office. Such procedure shall be followed with
15 respect to all nominations and elections in subsequent years until and
16 unless such proposition is repealed by the electors of the district at a
17 regular election by the adoption of a proposition to repeal the same.
18 S 5. Organization and structure. Each of the library districts created
19 by this act shall be managed, operated and controlled by a board of
20 trustees consisting of ten members; the members of the board of trustees
21 of the Hyde Park free library or Staatsburg library society, as the case
22 may be, in office on the date the district comes into existence, except
23 for two such members to be determined by that board, shall, together
24 with the two trustees elected at the initial election, constitute the
25 board of trustees of a library district established pursuant to this
26 act. These trustees shall at the first regular meeting of the respective
27 boards determine by lot or other means agreeable to the board the year
28 in which each of their terms of office expire, and the terms shall
29 expire as follows: after one year - two trustees; after two years - two
30 trustees; after three years - two trustees; after four years - two trus-
31 tees; after five years - two trustees. As vacancies occur trustees shall
32 be elected at the annual election to serve for five year terms by the
33 voters of the library district, such terms to commence on the first day
34 of January next following the election. Only qualified voters of the
35 district shall be eligible for election to the board of trustees. The
36 board of trustees at its first meeting each year shall elect or appoint
37 a president and vice-president who shall be members of the board and a
38 clerk, treasurer and such other officers as they deem necessary. If the
39 board so determines, the offices of clerk and treasurer may be held by
40 individuals who are not members of the board of trustees and, in that
41 event, such officers may, if the board so determines, receive compen-
42 sation as fixed by resolution of the board.
43 S 6. Finances. 1. The initial budget for a library district created by
44 this act shall be determined by a vote of the voters of the district in
45 the initial election as provided in this subdivision. All future budgets
46 that increase or decrease the appropriation last approved by the voters
47 shall be submitted to the residents of the library district for approval
48 by a majority of those residents voting at the annual election of trus-
49 tees held pursuant to this section. Funds voted for library purposes at
50 the initial election and at all future budget elections shall, unless
51 otherwise directed by such vote, be considered as annual appropriations
52 therefor until changed by further vote and shall be levied and collected
53 yearly in the same manner and at the same time as other town charges.
54 2. The boards of trustees shall each annually file with the clerk of
55 the town of Hyde Park in the time and for the purposes specified in
56 section 104 of the town law an estimate of the proposed budget including

S. 3299--A 6 A. 6607--A

1 costs of library services to be raised by levy for the library district
2 in the year beginning with the succeeding first day of January. The town
3 board of such town shall not make any change in the estimate of revenues
4 or expenditures submitted by the boards of the library districts in
5 preparation of its preliminary budget as required by section 106 of the
6 town law.
7 3. The town board of Hyde Park shall, in accordance with section eight
8 of this act, levy against the real property lying within the library
9 districts for the total expenditures as approved by the voters as
10 hereinbefore provided. The town board may issue tax anticipation notes,
11 anticipation revenue notes and budget notes pursuant to article 2 of the
12 local finance law to obtain the necessary moneys therefor.
13 4. The town board of the town of Hyde Park shall have the power to
14 authorize, sell and issue bonds, notes or other evidences of indebt-
15 edness pursuant to the local finance law in order to permit a library
16 district to provide facilities or improved facilities for library
17 purposes. Upon written request from the board of trustees of a library
18 district, the town board shall authorize, sell and issue such bonds,
19 notes or other evidences of indebtedness as are necessary to accomplish
20 the improvements specified in the notice. The proceeds of such bonds,
21 notes, or other evidences of indebtedness shall be paid to the treasurer
22 of the library district and maintained in a segregated fund in accord-
23 ance with section 165.00 of the local finance law and expended by the
24 treasurer only on specific authorization by the board of trustees.
25 5. The board of trustees of a library district may accept on behalf of
26 the district any absolute gift, devise or bequest of real or personal
27 property and such conditional gifts, devises or bequests as it shall by
28 resolution approve.
29 6. The treasurer of a library district created pursuant to this act
30 shall be custodian of all funds of the library district including gifts
31 and trust funds paid over to the trustees. The board of trustees may
32 authorize the investment of funds in the custody of the treasurer in the
33 same manner in which town funds may be invested. Proceeds of obligations
34 received from the town may be invested in accordance with section 165.00
35 of the local finance law. The town supervisor of the town of Hyde Park
36 shall pay over to the library district all moneys which belong to or are
37 raised for the library district. No moneys shall be disbursed by the
38 treasurer except after audit by the board of trustees. The board of
39 trustees shall audit all claims and shall order the payment thereof,
40 except as otherwise provided by this section. No such claims shall be
41 audited or ordered paid by the trustees unless an itemized voucher
42 therefor, certified or verified by or on behalf of the claimant in such
43 form as the board of trustees shall prescribe, shall have been presented
44 to the board of trustees for audit and allowance. The provisions of this
45 section shall not be applicable to the payment of claims of fixed sala-
46 ries and amounts which the library district may be required to pay on
47 account of retirement contributions for past and current services to
48 officers and employees of the library district. The treasurer shall keep
49 such records and in such manner as the board of trustees may require.
50 S 7. Charter, commencement of operations, and transfer of property and
51 employees. The initial trustees shall, within thirty days from the date
52 of approval of the library district by the voters of the district, apply
53 to the board of regents for a charter as a public library.
54 Upon the granting of such a charter by the board of regents, then
55 title to all personal property, tangible and intangible, now held by the
56 Hyde Park free library or Staatsburg library society, as the case may

S. 3299--A 7 A. 6607--A

1 be, shall be transferred to, vest in, and be acquired by the appropriate
2 library district hereby established. Upon the granting of such a charter
3 by the board of regents, all employees of the Hyde Park free library or
4 Staatsburg library society, as the case may be, shall become employees
5 of the appropriate library district upon the same terms and conditions
6 of employment and at the same rate of pay as their previous employment.
7 S 8. Ad valorem levy. The several lots and parcels of land within the
8 area of a public library district created pursuant to this act are here-
9 by determined to be benefited by the library facilities and services
10 existing as of the effective date of this act and the town board of the
11 town of Hyde Park is hereby authorized to assess, levy and collect the
12 necessary expenses of operation, maintenance and repair of such facili-
13 ties and services and such capital improvements including debt service
14 on bonds, notes or other evidences of indebtedness of the town issued
15 for the purpose of the Hyde Park library district and/or the Staatsburg
16 library district, as the case may be, as may be hereafter authorized
17 pursuant to the provisions of this act from such lots and parcels of
18 land in the same manner and at the time as other town charges.
19 S 9. Education law. Except as otherwise provided by this act, the
20 provisions of the education law relating to public libraries shall be
21 applicable to the public library districts established pursuant to this
22 act.
23 S 10. Town law. Except as herein provided, each such library district
24 shall constitute an improvement district within the meaning of the town
25 law and shall be subject to all of the provisions thereof relating to
26 improvement districts except such as are inconsistent with the
27 provisions of this act.
28 S 11. This act shall take effect immediately.
.SO DOC C 3299A/6607A *END* BTXT 2001


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