Establishes a library district in the city of Kingston, county of Ulster; provides for voter approval by the residents of the city of Kingston regarding the establishment of such district; provides for the election of board members of such district; provides for the organization and structure, and taxation and financing of such district.
STATE OF NEW YORK
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S. 6257--A A. 9255--A
Cal. No. 212
SENATE - ASSEMBLY(Prefiled)
January 5, 2000
___________
IN SENATE -- Introduced by Sen. LARKIN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Cities --
reported favorably from said committee to third reading, amended and
ordered reprinted, retaining its place in the order of third reading
IN ASSEMBLY -- Introduced by M. of A. CAHILL -- read once and referred
to the Committee on Libraries and Education Technology -- reported and
referred to the Committee on Ways and Means -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT in relation to establishing a library district in the city of
Kingston, Ulster county
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 is
3 hereby created and established in the city of Kingston, county of Ulster
4 a public library district which shall consist of the city of Kingston
5 and shall be known as the Kingston library district.
6 § 2. Election. 1. The public library district herein described shall
7 not come into existence unless and until it is approved and the initial
8 proposed budget is approved by a vote of the majority of qualified
9 voters voting in an election held pursuant to the following provisions.
10 Upon receipt of a petition signed by not less than twenty-five voters
11 qualified to vote at a general city election, the board of trustees of
12 the existing Kingston library shall give notice of an election to be
13 conducted on the first Tuesday in June of 2000. At such election the
14 issues shall be:
15 (a) whether the public library district herein described shall be
16 created or not;
17 (b) whether the budget therefor proposed by the board of trustees of
18 the existing Kingston library shall be approved or disapproved; and
19 (c) the election of nine trustees as hereinafter provided.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14634-03-0
S. 6257--A 2 A. 9255--A
1 The board of trustees of the existing Kingston 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 city of Kingston. The
4 first publication of such notice shall be not less than thirteen days
5 and not more than twenty days prior to the date of such election. In
6 addition, the board of trustees of the existing Kingston library shall
7 cause copies of such notice to be posted conspicuously in five public
8 places in the city at least thirteen days prior to the date of such
9 election. Such notice shall specify the time when and the place where
10 such election will be held, the issues to be decided at said election
11 and the hours during which the polls shall remain open for the receipt
12 of ballots. The board of trustees of the existing Kingston library shall
13 prepare the ballots for such elections and the polls shall remain open
14 for the receipt thereof at all elections from six o'clock a.m. until
15 nine o'clock p.m.. The board of trustees shall designate a resident
16 taxpayer of such district to act as chairman of any election of such
17 district and shall designate not less than two nor more than four resi-
18 dent taxpayers to act as election inspectors and ballot clerks at each
19 polling place for such elections. No trustee shall serve as such chair-
20 man or as an election inspector or ballot clerk. The board of trustees
21 may adopt a resolution providing that such chairman, election inspectors
22 and ballot clerks shall be paid for their respective services at the
23 initial election or at any annual election or at any subsequent special
24 election. Such resolution, if adopted, may fix reasonable compensation
25 for the services of each such official. Every voter of the city of King-
26 ston otherwise qualified to vote at a general city election shall be
27 qualified to vote at such election. After the polls have been closed at
28 such election, the election inspectors and ballot clerks shall imme-
29 diately canvass publicly the ballots cast and the chairman of the
30 election shall publicly announce the result. Within seventy-two hours
31 thereafter, the chairman, election inspectors and ballot clerks shall
32 execute and file a certificate of the result of the canvass with the
33 board of trustees and the city clerk of the city of Kingston.
34 2. In the event that the district is created, then there shall be an
35 annual election conducted by the board of trustees of the newly created
36 Kingston library district in accordance with the provisions of subdivi-
37 sion one of this section, at a time to be set by the board, at which
38 election vacancies on the board of trustees shall be filled and at which
39 any proposed budget which the board shall determine to submit to the
40 voters pursuant to section four of this act shall be submitted to the
41 voters.
42 3. Candidates for the office of member of the board of trustees shall
43 be nominated by petition. No vacancy upon the board of trustees to be
44 filled shall be considered a separate specific office. A separate peti-
45 tion shall be required to nominate each candidate for a position on the
46 board. Each petition shall be directed to the secretary of the board of
47 trustees, shall be signed by at least twenty-five qualified voters of
48 the district, or two percent of the voters who voted in the previous
49 annual election of the members of the board of trustees, whichever is
50 greater, (such number to be determined by the number of persons recorded
51 on the poll list as having voted at such election) shall state the resi-
52 dence of each signer, and shall state the name and residence of each
53 candidate. In the event that such nominee shall withdraw his candidacy
54 prior to the election, such person shall not be considered a candidate
55 unless a new petition nominating such person in the same manner and
56 within the same time limitations applicable to other candidates is filed
S. 6257--A 3 A. 9255--A
1 with the secretary of the board of trustees. Each petition shall be
2 filed in the office of the secretary of the board of trustees between
3 the hours of nine o'clock a.m. and five o'clock p.m., not later than the
4 thirtieth day preceding the election at which the candidates nominated
5 are to be elected. If a vacancy occurs on the board of trustees, the
6 board of trustees may appoint an individual to serve until the next
7 annual election, at which time the remainder of the term shall be filled
8 by a candidate duly elected at such election.
9 4. At any election in such district, the voters may adopt a proposi-
10 tion providing that, in all subsequent elections, vacancies upon the
11 board of trustees shall be considered separate specific offices and that
12 the nominating petitions shall describe the specific vacancy upon the
13 board of trustees for which the candidate is nominated, which
14 description shall include at least the length of the term of office and
15 the name of the last incumbent, if any. No person shall be nominated for
16 more than one specific office. Such procedure shall be followed with
17 respect to all nominations and elections in subsequent years until and
18 unless such proposition is repealed by the electors of the district at a
19 regular election by the adoption of a proposition to repeal the same.
20 § 3. Organization and structure. The Kingston library district shall
21 be managed, operated and controlled by a board of trustees consisting of
22 nine members. These trustees shall at the first regular meeting of the
23 board determine by lot the year in which each of their terms of office
24 expire, and the terms shall expire as follows: After one year -- three
25 trustees; after two years -- three trustees; after three years -- three
26 trustees. As vacancies occur trustees shall be elected at the annual
27 election herein provided for to serve for three year terms by the voters
28 of the library district hereby created, said terms to commence on the
29 first day of the next month following the election. Only qualified
30 voters of the district shall be eligible for election to the board of
31 trustees. The board of trustees at its first meeting each year shall
32 elect or appoint a president and vice-president who shall be members of
33 the board and a secretary, treasurer and such other officers as they
34 deem necessary. If the board so determines, the offices of secretary and
35 treasurer may be held by individuals who are not members of the board of
36 trustees, and in that event, these officers may, if the board deter-
37 mines, receive compensation as fixed by resolution of the board.
38 § 4. Finances. 1. The initial budget for the Kingston library district
39 shall be approved by a vote of the voters of the district in the initial
40 election as hereinafter provided for. All future budgets that increase
41 or decrease the appropriation last approved by the voters shall be
42 submitted to the residents of the library district for approval by a
43 majority of those residents voting at the annual election of trustees
44 held pursuant to section two of this act. Funds voted for library
45 purposes at the initial election and at all future budget elections
46 shall, unless otherwise directed by such vote, be considered as annual
47 appropriations therefor until changed by future vote and shall be levied
48 and collected yearly in the same manner and at the same time as other
49 city charges.
50 2. The board of trustees shall annually file with the clerk of the
51 city of Kingston in the time and for the purposes specified in section
52 20 of the general city law an estimate of the proposed budget including
53 costs of library services to be raised by levy for the library district
54 in the year beginning with the succeeding first day of January. The
55 common council shall not make any change in the estimate of revenues or
56 expenditures submitted by the board of the library district in prepara-
S. 6257--A 4 A. 9255--A
1 tion of its preliminary budget as required by section 20 of the general
2 city law.
3 3. The common council of the city of Kingston shall in accordance with
4 section six of this act levy against real property lying within the city
5 of Kingston for the total expenditures as approved by the voters as
6 hereinbefore provided. The comptroller of the city of Kingston shall pay
7 to the treasurer of the district the full amount of such district taxes
8 levied in two equal installments. Such installment payments shall be
9 made on February 15 and May 15. When the full amount of taxes for
10 district purposes shall have been paid to the treasurer of the district
11 by such May 15, all liens for unpaid taxes shall belong to the city and
12 shall thereafter be collected in the manner provided for city taxes. The
13 city of Kingston may issue tax anticipation notes, anticipation revenue
14 notes, and budget notes pursuant to article 2 of local finance law to
15 obtain the necessary moneys therefor.
16 4. The common council of the city of Kingston shall have the power to
17 authorize, sell and issue bonds, notes or other evidences of indebt-
18 edness pursuant to the local finance law in order to permit the library
19 district to provide facilities or improve facilities for library
20 purposes, after approval by the qualified voters of the district. Upon
21 written request from the board of trustees of the library district, the
22 common council shall authorize, sell and issue such bonds, notes or
23 other evidences of indebtedness as are necessary to accomplish the
24 improvements specified in the notice. The proceeds of such bonds, notes,
25 or other evidences of indebtedness shall be paid to the treasurer of the
26 library district and maintained in a segregated fund in accordance with
27 section 165.00 of the local finance law and expended by the treasurer
28 only on specific authorization by the board of trustees.
29 5. The board of trustees of the library district may accept on behalf
30 of the district any absolute gift, devise or bequest of real or personal
31 property and such conditional gifts, devises or bequests as it shall by
32 resolution approve.
33 6. The treasurer of the library district shall be custodian of all
34 funds of the library district including gifts and trust funds paid over
35 to the trustees. The board of trustees may authorize the investment of
36 funds in the custody of the treasurer in the same manner in which city
37 funds may be invested. Proceeds of obligations received from the city
38 may be invested in accordance with section 165.00 of the local finance
39 law. The city of Kingston shall pay over to the library district all
40 moneys which belong to or are raised for the library district. No moneys
41 shall be disbursed by the treasurer except after audit by the board of
42 trustees. The board of trustees shall audit all claims and shall order
43 the payment thereof, except as otherwise provided by this section. No
44 such claims shall be audited or ordered paid by the trustees unless an
45 itemized voucher therefor, certified or verified by or on behalf of the
46 claimant in such form as the board of trustees shall prescribe, shall be
47 presented to the board of trustees for audit and allowance. The
48 provisions of this section shall not be applicable to payment of claims
49 of fixed salaries and amounts which the library district may be required
50 to pay on account of retirement system contributions for past and
51 current services to officers and employees of the library district. The
52 treasurer shall keep such records and in such manner as the board of
53 trustees may require.
54 § 5. Charter, commencement of operations, and transfer of property and
55 employees. The initial trustees shall, within thirty days from the date
S. 6257--A 5 A. 9255--A
1 of approval of the library district by the voters of the district, apply
2 to the board of regents for a charter as a public library.
3 Upon the granting of such a charter by the board of regents, then
4 title to all personal property, tangible and intangible, now held by the
5 Kingston library shall be transferred to, vest in, and be acquired by
6 the library district hereby established. Upon the granting of such a
7 charter by the board of regents, all employees of the Kingston library
8 shall become employees of the library district upon the same terms and
9 conditions of employment and at the same rate of pay as their previous
10 employment by the Kingston library.
11 § 6. Ad valorem levy. The several lots and parcels of land within the
12 area of such library district are hereby determined to be benefited by
13 the library facilities and services existing as of the effective date of
14 this act and the common council of the city of Kingston is hereby
15 authorized to assess, levy and collect necessary expenses of operation,
16 maintenance and repair of such facilities and services and such capital
17 improvements including debt service on bonds, notes or other evidences
18 of indebtedness of the city issued for the purpose of such library
19 district as may be hereafter authorized pursuant to the provisions of
20 this act from such lots and parcels of land in the same manner and at
21 the same time as other city charges.
22 § 7. Education law. Except as otherwise provided by this act, the
23 provisions of the education law relating to public libraries shall be
24 applicable to the library district herein established.
25 § 8. This act shall take effect immediately.
