Creates the D.R. Evarts library district in a portion of the town of Athens, Greene county; provides for election to establish such district in a portion of the town of Athens which is not served by two school districts; permits bonding for facilities and improvements; provides for tax levy.
STATE OF NEW YORK
________________________________________________________________________
4723--B
2003-2004 Regular Sessions
IN ASSEMBLY
February 19, 2003
___________
Introduced by M. of A. HOOKER -- read once and referred to the Committee
on Libraries and Education Technology -- recommitted to the Committee
on Libraries and Education Technology in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Libraries and Education Technology in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT in relation to creating the D.R. Evarts library district in a
portion of the town of Athens
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Creation of library district. Notwithstanding the
2 provisions of any general, special, or local law to the contrary, there
3 is hereby created and established in the county of Greene, a public
4 library district which shall consist of the town of Athens, except those
5 portions of the town of Athens which are included in the Catskill
6 library district or the Cairo library district, and shall be known as
7 the D.R. Evarts library district.
8 § 2. Election. 1. The public library district herein described shall
9 not come into existence unless and until it is approved and the initial
10 proposed budget is approved by a vote of the majority of the qualified
11 voters voting in an election held pursuant to the following provisions:
12 Upon receipt of a petition signed by not less than one hundred voters
13 qualified to vote at a general town election, the board of trustees of
14 the existing D.R. Evarts library shall give notice of an election to be
15 held prior to December 31, 2004. If a majority of the voters approve the
16 formation of the district, then the district shall come into existence
17 on the terms and conditions set forth in this act. At such election the
18 issue shall be:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08065-04-4
A. 4723--B 2
1 (a) whether the public library district therein described shall be
2 created or not;
3 (b) whether the initial budget therefor proposed by the board of trus-
4 tees of the D.R. Evarts library shall be approved or disapproved; and
5 (c) the election of nine trustees as provided by this act.
6 The trustees of the existing D.R. Evarts library shall give notice of
7 such election by the publication of a notice in one or more newspapers
8 having a general circulation in the district to be served. The first
9 publication of such notice shall be not less than thirteen days and not
10 more than twenty days prior to the date of such election. In addition,
11 the board of trustees of the existing D.R. Evarts library shall cause
12 copies of such notice to be posted conspicuously in three public places
13 in the district at least thirteen days prior to the date of such
14 election. Such notice shall specify the time when and the place where
15 such election will be held, the issues to be decided at such election
16 and the hours during which polls will be open for the receipt of ballots
17 thereof at all elections from 7:00 a.m. until 8:00 p.m. The board of
18 trustees of the existing D.R. Evarts library shall designate a resident
19 qualified voter of such district to act as chairperson of any election
20 of such district and shall designate not less than two nor more than
21 four resident qualified voters at the polling place which shall be the
22 D.R. Evarts library to act as election inspectors and ballot clerks at
23 such elections. No trustee shall serve as chairperson or as an election
24 inspector or ballot clerk. The board of trustees may adopt a resolution
25 providing that such chairperson, election inspectors and ballot clerks
26 shall be paid for their respective services at the initial election.
27 After the polls have closed at such election, the election inspectors
28 and the ballot clerks shall immediately canvass publicly the ballots
29 cast and the chairperson of the election shall publicly announce the
30 result. Within seventy-two hours thereafter, the chairperson, election
31 inspectors, and ballot clerks shall execute and file a certificate of
32 the result of the canvass with the board of trustees and the Athens town
33 clerk.
34 2. In the event that the district is created, there shall be an annual
35 election conducted by the board of trustees of the D.R. Evarts library
36 district in accordance with the provisions of subdivision one of this
37 section, at a time and place to be set by the board, at which election
38 vacancies on the board of trustees shall be filled and at which any
39 proposed budget which the board shall determine to submit to the voters
40 pursuant to section four of this act shall be submitted to the voters.
41 3. Candidates for the office of member of the board of trustees of the
42 D.R. Evarts library district shall be nominated by petition. No vacancy
43 on the board of trustees to be filled shall be considered a separate,
44 specific office. A separate petition shall be required to nominate each
45 candidate for a vacancy on the board. Each petition shall be directed to
46 the secretary of the board of trustees, shall be signed by at least
47 fifty qualified voters of the district, shall state the residence of
48 each signer, and shall state the name and residence of the candidate. In
49 the event that any such nominees shall withdraw candidacy prior to the
50 election, such person shall not be considered a candidate unless a new
51 petition nominating such person in the same manner and within the same
52 time limitation applicable to other candidates is filed with the secre-
53 tary of the board of trustees. Each petition shall be filed with the
54 secretary of the board of trustees between the hours of 9:00 a.m. and
55 5:00 p.m., not later than the thirtieth day preceding the election at
56 which time the candidates are to be elected. In the event that the
A. 4723--B 3
1 district is created, petitions nominating candidates for the board of
2 trustees after the initial election shall be filed with the secretary of
3 the D.R. Evarts library district.
4 4. At any election in such district, the voters may adopt a proposi-
5 tion providing that, in all subsequent elections, vacancies on the board
6 of trustees shall be considered separate, specific offices and that the
7 nominating petitions shall describe the specific vacancy upon the board
8 of trustees for which the candidate is nominated, which description
9 shall include at least the length of the term of the office and the name
10 of the last incumbent, if any. No person shall be nominated for more
11 than one specific office. Such procedure shall be followed with respect
12 to all nominations and elections in subsequent years until and unless
13 such proposition is repealed by the electors of the district at a regu-
14 lar election by adoption of a proposition to repeal the same.
15 § 3. Organization and structure. The D.R. Evarts library district
16 shall be managed, operated, and controlled by a board of trustees
17 consisting of nine members. The trustees shall, at the first regular
18 meeting of the board, determine by lot the year in which each of their
19 terms of office expire, and the terms shall expire as follows: after one
20 year three trustees; after two years three trustees; after three years
21 three trustees.
22 As vacancies occur, trustees shall be elected at the annual election
23 provided for by this act to serve three year terms by the voters of the
24 library district hereby created, such terms to commence on the first day
25 of the month next following the election. Only qualified voters of the
26 district shall be eligible for election to the board of trustees. The
27 board of trustees at its first meeting each year shall elect or appoint
28 a president and vice-president who shall be members of the board and a
29 secretary, treasurer, and such other officers as they deem necessary. If
30 the board so determines, the offices of secretary and treasurer may be
31 held by individuals who are not members of the board of trustees and, in
32 that event, such officer may, if the board so determines, receive
33 compensation as fixed by resolution of the board.
34 § 4. Finances. 1. The initial budget for the D.R. Evarts library
35 district shall be determined by a vote of the voters of the district in
36 the initial election as hereinafter provided for. All future budgets
37 that increase the D.R. Evarts library proposed total operating expendi-
38 tures over the total operating expenditures in the last preceding fiscal
39 year's budget shall be submitted to the residents voting at the annual
40 election of trustees pursuant to section two of this act. Funds voted
41 for library purposes at the initial election and at all future budget
42 elections shall be considered an annual appropriation therefor and shall
43 be levied and collected yearly in the same manner and at the same time
44 as other taxes in the town of Athens.
45 2. The board of trustees shall annually file with the clerk of the
46 town of Athens, on or before the first day of August, an estimate of the
47 proposed budget, including costs of library services, to be raised by
48 levy for the library district in the fiscal year beginning on the first
49 day of January of the following year. The town shall not make any change
50 in the estimate of revenues or expenditures submitted by the board of
51 the library district in preparation of its preliminary budget.
52 3. The town board of the town of Athens shall levy a tax against the
53 real property lying within the D.R. Evarts library district for the
54 amount to be raised by tax as contained in the annual budget of the D.R.
55 Evarts library district. The town board may issue tax anticipation
A. 4723--B 4
1 notes, revenue anticipation notes, and budget notes pursuant to article
2 2 of the local finance law to obtain the necessary moneys therefor.
3 4. The town board of the town of Athens shall have the power to
4 authorize, sell, and issue bonds, notes, and other evidences of indebt-
5 edness pursuant to the local finance law in order to permit the library
6 district to provide facilities or improved facilities for library
7 purposes. Upon written request from the board of trustees of the D.R.
8 Evarts library district, after approval by the qualified voters of such
9 district, the town board shall authorize, sell, and issue such bonds,
10 notes, or other evidences of indebtedness as are necessary to accomplish
11 the improvements specified in the notice. The proceeds of such bonds,
12 notes, or other evidences of indebtedness shall be paid to the treasurer
13 of the D.R. Evarts library district and maintained in a segregated
14 account in accordance with section 165.00 of the local finance law and
15 expended by the treasurer only on specific authorization by the board of
16 trustees.
17 5. The board of trustees of the D.R. Evarts library district may
18 accept on behalf of the district any absolute gift, devise, or bequest
19 of real or personal property and such conditional gifts, devises, or
20 bequests as it shall by resolution approve.
21 6. The treasurer of the D.R. Evarts library district shall be custo-
22 dian of all funds of the library district, including gifts and trust
23 funds paid over to the trustees. The board of trustees may authorize the
24 investment of funds in the custody of the treasurer in the same manner
25 in which school district funds may be invested. Proceeds of obligations
26 received from the town may be invested in accordance with section 165.00
27 of the local finance law. The town of Athens shall promptly pay over to
28 the D.R. Evarts library district all moneys which belong to or are
29 raised for the library district. No moneys shall be disbursed by the
30 treasurer of the library district except after audit by the board of
31 trustees. The board of trustees of the D.R. Evarts library district
32 shall audit all claims and shall order the payment thereof, except as
33 otherwise provided by this section. No such claims shall be audited or
34 ordered paid by the trustees unless an itemized voucher therefor shall
35 be presented to the board of trustees for audit and allowance. The
36 provisions of this section shall not be applicable to payment of claims
37 of fixed salaries and amounts which the library districts may be
38 required to pay on account of retirement contributions for past or
39 current services to officers and employees of the library district. The
40 treasurer shall keep such records in such manner as the board of trus-
41 tees may require.
42 § 5. Charter, commencement of operations, and transfer of property and
43 employees. The initially elected trustees shall, within thirty days from
44 the date of approval of the library district by the voters of the
45 district, apply to the board of regents for a charter as a public
46 library. Upon the granting of such a charter by the board of regents,
47 then title to all liabilities and assets, including all property, real
48 and personal, and all other tangible and intangible property, trust and
49 other funds, and all other obligations, now held by the D.R. Evarts
50 library shall be transferred to, vested in, and be acquired by the D.R.
51 Evarts library district as established by this act. Upon the granting of
52 such charter by the board of regents, all employees of the D.R. Evarts
53 library shall become employees of the library district upon the same
54 terms and conditions of employment and at the same rate of pay as their
55 previous employment by the D.R. Evarts library.
A. 4723--B 5
1 § 6. Ad valorem levy. The several lots and parcels of land within the
2 area of said public library district are hereby determined to be bene-
3 fited by the library facilities and devices existing as of the effective
4 date of this act, and the town of Athens is hereby authorized to assess,
5 levy, and collect the necessary expenses of operation, maintenance, and
6 repair of such facilities and services and such capital improvements,
7 including debt service on bonds, notes, or other evidences of indebt-
8 edness of the town issued for the purpose of the D.R. Evarts library
9 district, as may be hereafter authorized pursuant to the provisions of
10 this act from such lots and parcels of land within the library district
11 in the same manner and at the same time as other town charges.
12 § 7. Education law. Except as otherwise provided by this act, the
13 provisions of the education law relating to public libraries shall be
14 applicable to the D.R. Evarts library district established by this act.
15 § 8. This act shall take effect immediately.
