Creates the Town of Pound Ridge library district; provides for its powers, functions and duties; creates a board consisting of nine members; provides each member shall serve a three year term.
STATE OF NEW YORK
________________________________________________________________________
5262--A
2003-2004 Regular Sessions
IN ASSEMBLY
February 26, 2003
___________
Introduced by M. of A. BRADLEY -- read once and referred to the Commit-
tee on Libraries and Education Technology -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT in relation to creating the Pound Ridge library district in the
town of Pound Ridge, New York
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 Westchester a public
4 library district which shall include the town of Pound Ridge. The
5 public library district shall be known as the Pound Ridge library
6 district and shall include all of the town of Pound Ridge.
7 § 2. Election. 1. The public library district herein described shall
8 not come into existence unless and until it is approved and the initial
9 proposed budget is approved by a vote of the majority of the qualified
10 voters voting in an election held pursuant to the following provisions:
11 Upon receipt of a petition signed by not less than fifty voters quali-
12 fied to vote at a general town election, the board of trustees of the
13 existing Hiram Halle Memorial Library shall give notice of an election
14 to be held prior to November 30, 2003. If a majority of the voters
15 approve the formation of the district, then the district shall come into
16 existence on the terms and conditions set forth in this act. At such
17 election the issue shall be:
18 (a) whether the public library district therein described shall be
19 created or not;
20 (b) whether the budget therefor proposed by the board of trustees of
21 the Hiram Halle Memorial Library shall be approved or disapproved; and
22 (c) the election of nine trustees as provided by this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09234-03-3
A. 5262--A 2
1 The trustees of the existing Hiram Halle Memorial Library shall give
2 notice of such election by the publication of a notice in one or more
3 newspapers having a general circulation in the district to be served.
4 The first publication of such notice shall be not less than thirteen
5 days and not more than twenty days prior to the date of such election.
6 In addition, the board of trustees of the existing Hiram Halle Memorial
7 Library shall cause copies of such notice to be posted conspicuously in
8 three public places in the district at least thirteen days prior to the
9 date of such election. Such notice shall specify the time when and the
10 place where such election will be held, the issues to be decided at such
11 election and the hours during which polls will be open for the receipt
12 of ballots thereof at all elections from 2:00 p.m. until 8:00 p.m. The
13 board of trustees of the existing Hiram Halle Memorial Library shall
14 designate a resident qualified voter of such district to act as chair-
15 person of any election of such district and shall designate not less
16 than two nor more than four resident qualified voters at the polling
17 place which shall be the Hiram Halle Memorial Library to act as election
18 inspectors and ballot clerks at such elections. No trustee shall serve
19 as chairperson or as an election inspector or ballot clerk. The board of
20 trustees may adopt a resolution providing that such chairperson,
21 election inspectors and ballot clerks shall be paid for their respective
22 services at the initial election. Such resolution, if adopted, may fix
23 reasonable compensation for their services of such official. Every voter
24 of the district, otherwise qualified to vote at a town election shall be
25 qualified to vote at said election. After the polls have closed at such
26 election, the election inspectors and the ballot clerks shall immediate-
27 ly canvass publicly the ballots cast and the chairperson of the election
28 shall publicly announce the result. Within seventy-two hours thereafter,
29 the chairperson, election inspectors and ballot clerks shall execute and
30 file a certificate of the result of the canvass with the board of trus-
31 tees and the Pound Ridge town clerk.
32 2. In the event that the district is created, there shall be an annual
33 election conducted by the board of trustees of the Pound Ridge library
34 district in accordance with the provisions of subdivision one of this
35 section, at a time to be set by the board, at which election vacancies
36 on the board of trustees shall be filled and at which any proposed budg-
37 et which the board shall determine to submit to the voters pursuant to
38 section four of this act shall be submitted to the voters.
39 3. Candidates for the office of member of the board of trustees of the
40 Pound Ridge library district shall be nominated by petition. No vacancy
41 on the board of trustees to be filled shall be considered a separate
42 specific office. A separate petition shall be required to nominate each
43 candidate for a vacancy on the board. Each petition shall be directed to
44 the secretary of the board of trustees, shall be signed by at least ten
45 qualified voters of the district, shall state the residence of each
46 signer, and shall state the name and residence of the candidate. In the
47 event that any such nominees shall withdraw candidacy prior to the
48 election, such person shall not be considered a candidate unless a new
49 petition nominating such person in the same manner and within the same
50 time limitation applicable to other candidates is filed with the secre-
51 tary of the board of trustees. Each petition shall be filed with the
52 secretary of the board of trustees between the hours of 9:00 a.m. and
53 5:00 p.m., not later than the thirtieth day preceding the election at
54 which time the candidates nominated are to be elected. In the event the
55 district is created, petitions nominating candidates for the board of
A. 5262--A 3
1 trustees after the initial election shall be filed with the secretary of
2 the Pound Ridge library district.
3 4. At any election in such district, the voters may adopt a proposi-
4 tion providing that, in all subsequent elections, vacancies on the board
5 of trustees shall be considered separate specific offices and that the
6 nominating petitions shall describe the specific vacancy upon the board
7 of trustees for which the candidate is nominated, which description
8 shall include at least the length of the term of the office and the name
9 of the last incumbent, if any. No person shall be nominated for more
10 than one specific office. Such procedure shall be followed with respect
11 to all nominations and elections in subsequent years until and unless
12 such proposition is repealed by the electors of the district at a regu-
13 lar election by adoption of a proposition to repeal the same.
14 § 3. Organization and structure. The Pound Ridge library district
15 shall be managed, operated and controlled by a board of trustees
16 consisting of nine members. The trustees shall at the first regular
17 meeting of the board determine by lot the year in which each of their
18 terms of office expire, and the terms shall expire as follows:
19 After one year three trustees; after two years three trustees; after
20 three years three trustees. As vacancies occur trustees shall be elected
21 at the annual election provided for by this act to serve three year
22 terms by the voters of the library district hereby created, such terms
23 to commence on the first day of the month next following the election.
24 No member shall serve more than six consecutive years. Only qualified
25 voters of the district shall be eligible for election to the board of
26 trustees. The board of trustees at its first meeting each year shall
27 elect or appoint a president and vice-president who shall be members of
28 the board and a secretary, treasurer and such other officers as they
29 deem necessary. If the board so determines, the offices of secretary and
30 treasurer may be held by individuals who are not members of the board of
31 trustees and, in that event, such officer may, if the board so deter-
32 mines, receive compensation as fixed by resolution of the board.
33 § 4. Finances. 1. The initial budget for the Pound Ridge library
34 district shall be determined by a vote of the voters of the district in
35 the initial election as hereinafter provided for. All future budgets
36 that increase the Hiram Halle Memorial Library proposed total operating
37 expenditures over the total operating expenditures in the last preceding
38 fiscal year's budget shall be submitted to the residents voting at the
39 annual election of trustees pursuant to section two of this act. Funds
40 voted for library purposes at the initial election and at all future
41 budget elections shall be considered an annual appropriation therefor
42 and shall be levied and collected yearly in the same manner and at the
43 same time as other taxes in the town of Pound Ridge.
44 2. The board of trustees shall annually file with the clerk of the
45 town of Pound Ridge on or before the first day of October an estimate of
46 the proposed budget including costs of library services to be raised by
47 levy for the library district in the fiscal year beginning on the first
48 day of January of that year. The town shall not make any change in the
49 estimate of revenues or expenditures submitted by the board of the
50 library district in preparation of its preliminary budget.
51 3. The town board of the town of Pound Ridge shall levy a tax against
52 the real property lying within Pound Ridge for the amount to be raised
53 by tax as contained in the annual budget of the Pound Ridge library
54 district. The town board may issue tax anticipation notes, anticipation
55 revenue notes and budget notes pursuant to article 2 of the local
56 finance law to obtain the necessary moneys therefor.
A. 5262--A 4
1 4. The town board of the town of Pound Ridge shall have the power to
2 authorize, sell and issue bonds, notes and other evidences of indebt-
3 edness pursuant to the local finance law in order to permit the library
4 district to provide facilities or improved facilities for library
5 purposes. Upon written request from the board of trustees of the Pound
6 Ridge library district, after approval by the qualified voters of such
7 district, the town board shall authorize, sell and issue such bonds,
8 notes or other evidences of indebtedness as are necessary to accomplish
9 the improvements specified in the notice. The proceeds of such bonds,
10 notes or other evidences of indebtedness shall be paid to the treasurer
11 of the Pound Ridge library district and maintained in a segregated
12 account in accordance with section 165.00 of the local finance law and
13 expended by the treasurer only on specific authorization by the board of
14 trustees.
15 5. The board of trustees of the Pound Ridge library district may
16 accept on behalf of the district any absolute gift, devise or bequest of
17 real or personal property and such conditional gifts, devises or
18 bequests as it shall by resolution approve.
19 6. The treasurer of the Pound Ridge library district shall be custo-
20 dian of all funds of the library district including gifts and trust
21 funds paid over to the trustees. The board of trustees may authorize the
22 investment of funds in the custody of the treasurer in the same manner
23 in which school district funds may be invested. Proceeds of obligations
24 received from the town may be invested in accordance with section 165.00
25 of the local finance law. The town shall promptly pay over to the Pound
26 Ridge library district all moneys which belong to or are raised for the
27 library district. No moneys shall be disbursed by the treasurer of the
28 library district except after audit by the board of trustees. The board
29 of trustees of the Pound Ridge library district shall audit all claims
30 and shall order the payment thereof, except as otherwise provided by
31 this section. No such claims shall be audited or ordered paid by the
32 trustees unless an itemized voucher therefor shall be presented to the
33 board of trustees for audit and allowance. The provisions of this
34 section shall not be applicable to payment of claims of fixed salaries
35 and amounts which the library districts may be required to pay on
36 account of retirement contributions for past or current services to
37 officers and employees of the library district. The treasurer shall keep
38 such records in such manner as the board of trustees may require.
39 § 5. Charter, commencement of operations, and transfer of property and
40 employees. The initial trustees shall, within thirty days from the date
41 of approval of the library district by the voters of the district, apply
42 to the board of regents for a charter as a public library. Upon the
43 granting of such a charter by the board of regents, then title to all
44 property, real property, real and personal, tangible and intangible,
45 trust and other funds, now held by the Hiram Halle Memorial Library
46 shall be transferred to, vest in, and be acquired by the Pound Ridge
47 library district established by this act. Upon the granting of such
48 charter by the board of regents, all employees of the Hiram Halle Memo-
49 rial Library shall become employees of the library district upon the
50 same terms and conditions of employment and at the same rate of pay as
51 their previous employment by the Hiram Halle Memorial Library.
52 § 6. Ad valorem levy. The several lots and parcels of land within the
53 area of said public library district are hereby determined to be bene-
54 fited by the library facilities and devices existing as of the effective
55 date of this act and the town of Pound Ridge is hereby authorized to
56 assess, levy and collect the necessary expenses of operation, mainte-
A. 5262--A 5
1 nance and repair of such facilities and services and such capital
2 improvements including debt service on bonds, notes or other evidences
3 of indebtedness of the town issued for the purpose of the Pound Ridge
4 library district as may be hereafter authorized pursuant to the
5 provisions of this act from such lots and parcels of land in the same
6 manner and at the same time as other town charges.
7 § 7. Education law. Except as otherwise provided by this act, the
8 provisions of the education law relating to public libraries shall be
9 applicable to the Pound Ridge library district established by this act.
10 § 8. This act shall take effect immediately.
