Establishes a Stone Ridge library district in the town of Marbletown; provides for voter approval by the residents of the town of Marbletown 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. 6314 A. 9316
SENATE - ASSEMBLY
January 18, 2000
___________
IN SENATE -- Introduced by Sen. BONACIC -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. CAHILL -- read once and referred
to the Committee on Libraries and Education Technology
AN ACT in relation to creating the Stone Ridge library district in the
town of Marbletown, 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 Ulster a public
4 library district which shall include the town of Marbletown. The public
5 library district shall be known as the Stone Ridge 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 the qualified
9 voters voting in an election held pursuant to the following provisions:
10 Upon receipt of a petition signed by not less than fifty voters quali-
11 fied to vote at a general town election, the board of trustees of the
12 existing Stone Ridge library shall give notice of an election to be held
13 prior to August 15, 2000. If a majority of the voters approve the forma-
14 tion of the district, then the district shall come into existence on the
15 terms and conditions set forth in this act. At such election the issue
16 shall be:
17 (a) whether the public library district therein described shall be
18 created or not;
19 (b) whether the budget therefor proposed by the board of trustees of
20 the Stone Ridge library shall be approved or disapproved; and
21 (c) the election of nine trustees as provided by this act.
22 The trustees of the exiting Stone Ridge library shall give notice of
23 such election by the publication of a notice in one or more newspapers
24 having a general circulation in the district to be served. The first
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14678-03-0
S. 6314 2 A. 9316
1 publication of such notice shall be not less than thirteen days and not
2 more than twenty days prior to the date of such election. In addition,
3 the board of trustees of the existing Stone Ridge library shall cause
4 copies of such notice to be posted conspicuously in three public places
5 in the town at least thirteen days prior to the date of such election.
6 Such notice shall specify the time when and the place where such
7 election will be held, the issues to be decided at such election and the
8 hours during which polls will be open for the receipt of ballots thereof
9 at all elections from 2:00 p.m. until 8:00 p.m. The board of trustees of
10 the existing Stone Ridge library shall designate a resident qualified
11 voter of such district to act as chairperson of any election of such
12 district and shall designate not less than two nor more than four resi-
13 dent qualified voters at the polling place which shall be the Stone
14 Ridge library to act as election inspectors and ballot clerks at such
15 elections. No trustee shall serve as chairperson or as an election
16 inspector or ballot clerk. The board of trustees may adopt a resolution
17 providing that such chairperson, election inspectors and ballot clerks
18 shall be paid for their respective services at the initial election.
19 Such resolution, if adopted, may fix reasonable compensation for their
20 services of such official. Every voter of the town, otherwise qualified
21 to vote at a town election shall be qualified to vote at said election.
22 After the polls have closed at such election, the election inspectors
23 and the ballot clerks shall immediately canvass publicly the ballots
24 cast and the chairperson of the election shall publicly announce the
25 result. Within seventy-two hours thereafter, the chairperson, election
26 inspectors and ballot clerks shall execute and file a certificate of the
27 result of the canvass with the board of trustees and the Marbletown town
28 clerk.
29 2. In the event that the district is created, there shall be an annual
30 election conducted by the board of trustees of the Stone Ridge library
31 district in accordance with the provisions of subdivision 1 of this
32 section, at a time to be set by the board, at which election vacancies
33 on the board of trustees shall be filled and at which any proposed budg-
34 et which the board shall determine to submit to the voters pursuant to
35 section four of this act shall be submitted to the voters.
36 3. Candidates for the office of member of the board of trustees of the
37 Stone Ridge library district shall be nominated by petition. No vacancy
38 on the board of trustees to be filled shall be considered a separate
39 specific office. A separate petition shall be required to nominate each
40 candidate for a vacancy on the board. Each petition shall be directed to
41 the secretary of the board of trustees, shall be signed by at least ten
42 qualified voters of the district, shall state the residence of each
43 signer, and shall state the name and residence of the candidate. In the
44 event that any such nominees shall withdraw candidacy prior to the
45 election, such person shall not be considered a candidate unless a new
46 petition nominating such person in the same manner and within the same
47 time limitation applicable to other candidates is filed with the secre-
48 tary of the board of trustees. Each petition shall be filed with the
49 secretary of the board of trustees between the hours of 9:00 a.m. and
50 5:00 p.m., not later than the thirtieth day preceding the election at
51 which time the candidates nominated are to be elected. In the event the
52 district is created, petitions nominating candidates for the board of
53 trustees after the initial election shall be filed with the secretary of
54 the Stone Ridge library district.
55 4. At any election in such district, the voters may adopt a proposi-
56 tion providing that, in all subsequent elections, vacancies on the board
S. 6314 3 A. 9316
1 of trustees shall be considered separate specific offices and that the
2 nominating petitions shall describe the specific vacancy upon the board
3 of trustees for which the candidate is nominated, which description
4 shall include at least the length of the term of the office and the name
5 of the last incumbent, if any. No person shall be nominated for more
6 than one specific office. Such procedure shall be followed with respect
7 to all nominations and elections in subsequent years until and unless
8 such proposition is repealed by the electors of the district at a regu-
9 lar election by adoption of a proposition to repeal the same.
10 § 3. Organization and structure. The Stone Ridge library district
11 shall be managed, operated and controlled by a board of trustees
12 consisting of nine members. The trustees shall at the first regular
13 meeting of the board determine by lot the year in which each of their
14 terms of office expire, and the terms shall expire as follows:
15 After one year two trustees; after two years two trustees; after three
16 years two trustees; after four years three trustees. As vacancies occur
17 trustees shall be elected at the annual election provided for by this
18 act to serve four year terms by the voters of the library district here-
19 by created, such terms to commence on the first day of the month next
20 following the election. Only qualified voters of the district shall be
21 eligible for election to the board of trustees. The board of trustees at
22 its first meeting each year shall elect or appoint a president and vice-
23 president who shall be members of the board and a secretary, treasurer
24 and such other officers as they deem necessary. If the board so deter-
25 mines, the offices of secretary and treasurer may be held by individuals
26 who are not members of the board of trustees and, in that event, such
27 officer may, if the board so determines, receive compensation as fixed
28 by resolution of the board.
29 § 4. Finances. 1. The initial budget for the Stone Ridge library
30 district shall be determined by a vote of the voters of the district in
31 the initial election as hereinafter provided for. All future budgets
32 that increase the Stone Ridge library proposed total operating expendi-
33 tures over the total operating expenditures in the last preceding fiscal
34 year's budget shall be submitted to the residents voting at the annual
35 election of trustees pursuant to section two of this act. Funds voted
36 for library purposes at the initial election and at all future budget
37 elections shall be considered an annual appropriation therefor and shall
38 be levied and collected yearly in the same manner and at the same time
39 as other taxes in the town of Marbletown.
40 2. The board of trustees shall annually file with the clerk of the
41 town of Marbletown on or before the first day of October an estimate of
42 the proposed budget including costs of library services to be raised by
43 levy for the library district in the fiscal year beginning on the first
44 day of January of that year. The town shall not make any change in the
45 estimate of revenues or expenditures submitted by the board of the
46 library district in preparation of its preliminary budget.
47 3. The town board of the town of Marbletown shall levy a tax against
48 the real property lying within Marbletown for the amount to be raised by
49 tax as contained in the annual budget of the Stone Ridge library
50 district. The town board may issue tax anticipation notes, anticipation
51 revenue notes and budget notes pursuant to article 2 of the local
52 finance law to obtain the necessary moneys therefor.
53 4. The town board of the town of Marbletown shall have the power to
54 authorize, sell and issue bonds, notes and other evidences of indebt-
55 edness pursuant to the local finance law in order to permit the library
56 district to provide facilities or improved facilities for library
S. 6314 4 A. 9316
1 purposes. Upon written request from the board of trustees of the Stone
2 Ridge library district, after approval by the qualified voters of such
3 district, the town board shall authorize, sell and issue such bonds,
4 notes or other evidences of indebtedness as are necessary to accomplish
5 the improvements specified in the notice. The proceeds of such bonds,
6 notes or other evidences of indebtedness shall be paid to the treasurer
7 of the Stone Ridge library district and maintained in a segregated
8 account in accordance with section 165.00 of the local finance law and
9 expended by the treasurer only on specific authorization by the board of
10 trustees.
11 5. The board of trustees of the Stone Ridge library district may
12 accept on behalf of the district any absolute gift, devise or bequest of
13 real or personal property and such conditional gifts, devises or
14 bequests as it shall by resolution approve.
15 6. The treasurer of the Stone Ridge library district shall be custo-
16 dian of all funds of the library district including gifts and trust
17 funds paid over to the trustees. The board of trustees may authorize the
18 investment of funds in the custody of the treasurer in the same manner
19 in which school district funds may be invested. Proceeds of obligations
20 received from the town may be invested in accordance with section 165.00
21 of the local finance law. The town shall promptly pay over to the Stone
22 Ridge library district all moneys which belong to or are raised for the
23 library district. No moneys shall be disbursed by the treasurer of the
24 library district except after audit by the board of trustees. The board
25 of trustees of the Stone Ridge library district shall audit all claims
26 and shall order the payment thereof, except as otherwise provided by
27 this section. No such claims shall be audited or ordered paid by the
28 trustees unless an itemized voucher therefor shall be presented to the
29 board of trustees for audit and allowance. The provisions of this
30 section shall not be applicable to payment of claims of fixed salaries
31 and amounts which the library districts may be required to pay on
32 account of retirement contributions for past or current services to
33 officers and employees of the library district. The treasurer shall keep
34 such records in such manner as the board of trustees may require.
35 § 5. Charter, commencement of operations, and transfer of property and
36 employees. The initial trustees shall, within thirty days from the date
37 of approval of the library district by the voters of the district, apply
38 to the board of regents for a charter as a public library. Upon the
39 granting of such a charter by the board of regents, then title to all
40 property, real property, real and person, tangible and intangible, trust
41 and other funds, now held by the Stone Ridge library shall be trans-
42 ferred to, vest in, and be acquired by the Stone Ridge library district
43 established by this act. Upon the granting of such charter by the board
44 of regents, all employees of the Stone Ridge library shall become
45 employees of the library district upon the same terms and conditions of
46 employment and at the same rate of pay as their previous employment by
47 the Stone Ridge library.
48 § 6. Ad valorem levy. The several lots and parcels of land within the
49 area of said public library district are hereby determined to be bene-
50 fited by the library facilities and devices existing as of the effective
51 date of this act and the town of Marbletown is hereby authorized to
52 assess, levy and collect the necessary expenses of operation, mainte-
53 nance and repair of such facilities and services and such capital
54 improvements including debt service on bonds, notes or other evidences
55 of indebtedness of the town issued for the purpose of the Stone Ridge
56 library district as may be hereafter authorized pursuant to the
S. 6314 5 A. 9316
1 provisions of this act from such lots and parcels of land in the same
2 manner and at the time as other town charges.
3 § 7. Education law. Except as otherwise provided by this act, the
4 provisions of the education law relating to public libraries shall be
5 applicable to the Stone Ridge library district established by this act.
6 § 8. This act shall take effect immediately.
