STATE OF NEW YORK
________________________________________________________________________
9930--A
IN ASSEMBLY
March 7, 2000
___________
Introduced by M. of A. GUNTHER, MILLS -- 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 to create the Thrall public library district of Middletown and
Wallkill
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 is hereby created and established in
3 the county of Orange a public library district which shall include the
4 geographic boundaries consisting of the enlarged city school district of
5 Middletown, and all of the town of Wallkill with the exception of those
6 properties located within the Goshen central school district; but shall
7 include all portions of the Valley Central school district, the Pine
8 Bush central school district and the Minisink Valley central school
9 district to the extent of their portions located within the town of
10 Wallkill only. The public library shall be known as the Thrall public
11 library district of Middletown and Wallkill.
12 § 2. Election. 1. The public library district herein described shall
13 not come into existence unless and until it is approved and the initial
14 proposed budget is approved by a vote of the majority of the qualified
15 voters voting in an election held pursuant to the following provisions.
16 Upon receipt of a petition signed by not less than one hundred voters
17 qualified to vote at a general election, the board of trustees of the
18 existing Middletown Thrall library district shall give notice of an
19 election to be held on March 30, 2001. If a majority of the voters
20 approve the formation of the district, then the district shall come into
21 existence on the terms and conditions set forth hereinafter. At said
22 election the issue shall be:
23 (a) whether the public library district herein described shall be
24 created or not;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14713-04-0
A. 9930--A 2
1 (b) whether the budget therefor proposed by the board of trustees of
2 the Thrall public library district of Middletown and Wallkill shall be
3 approved or disapproved; and
4 (c) the election of seven trustees as hereinafter provided.
5 The trustees of the existing Middletown Thrall library district shall
6 give notice of said election by the publication of a notice in one or
7 more newspapers having a general circulation in the district to be
8 served. The first publication of such notice shall be not less than
9 thirteen days and not more than twenty days prior to the date of such
10 election. In addition, the board of trustees of the existing Middletown
11 Thrall library district shall cause copies of such notice to be posted
12 conspicuously in five public places within the proposed district at
13 least thirteen days prior to the date of such election. Such notice
14 shall specify the time when and the place where such election will be
15 held, the issues to be decided at said election and the hours during
16 which polls will be open for the receipt of ballots thereof at all
17 elections from 8:00 a.m. until 8:00 p.m. The board of trustees of the
18 existing Middletown Thrall library district 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 two polling places which shall be the
22 Circleville Elementary school and the Middletown Thrall library to act
23 as election inspectors and ballot clerks at such elections. No trustee
24 shall serve as chairperson or as an election inspector or ballot clerk.
25 The board of trustees may adopt a resolution providing that such chair-
26 person, election inspectors and ballot clerks shall be paid for their
27 respective services at the initial election. Such resolution, if
28 adopted, may fix reasonable compensation for the services of such offi-
29 cial. Every voter, otherwise qualified to vote at a general election
30 within the area of the proposed district shall be qualified to vote at
31 said election. After the polls have closed at said election, the
32 election inspectors and the ballot clerks shall immediately canvass
33 publicly the ballots cast and the chairperson of the election shall
34 publicly announce the result. Within seventy-two hours thereafter, the
35 chairperson, election inspectors and ballot clerks shall execute and
36 file a certificate of the result of the canvass with the board of trus-
37 tees and the Orange county clerk.
38 2. In the event that the district is created, there shall be an annual
39 election conducted by the board of trustees of the library district in
40 accordance with the provisions of subdivision one of this section, at a
41 time to be set by the board, at which election vacancies on the board of
42 trustees shall be filled and at which any proposed budget which the
43 board shall determine to submit to the voters pursuant to section four
44 of this act shall be submitted to the voters.
45 3. Candidates for the office of member of the board of trustees of the
46 library district shall be nominated by petition. No vacancy on the board
47 of trustees to be filled shall be considered a separate specific office.
48 A separate petition shall be required to nominate each candidate for a
49 vacancy on the board. Each petition shall be directed to the secretary
50 of the board of trustees, shall be signed by at least fifty qualified
51 voters of the district, shall state the residence of each signer, and
52 shall state the name and residence of the candidate. In the event that
53 any such nominee shall withdraw candidacy prior to the election, such
54 person shall not be considered a candidate unless a new petition nomi-
55 nating such person in the same manner and within the same time limita-
56 tion applicable to other candidates is filed with the secretary of the
A. 9930--A 3
1 board of trustees. Each petition shall be filed with the secretary of
2 the board of trustees between the hours of 9:00 a.m. and 5:00 p.m., not
3 later than the thirteenth day preceding the election at which time the
4 candidates nominated are to be elected. In the event the district is
5 created, petitions nominating candidates for the board of trustees after
6 the initial election shall be filed with the secretary of the Thrall
7 public library district of Middletown and Wallkill.
8 4. At any election in such district, the voters may adopt a proposi-
9 tion providing that, in all subsequent elections, vacancies on the board
10 of trustees shall be considered separate specific offices and that the
11 nominating petitions shall describe the specific vacancy upon the board
12 of trustees for which the candidate is nominated, which description
13 shall include at least the length of the term of the office and the name
14 of the last incumbent, if any. No person shall be nominated for more
15 than one specific office. Such procedure shall be followed with respect
16 to all nominations and elections in subsequent years until and unless
17 such proposition is repealed by the electors of the district at a regu-
18 lar election by adoption of a proposition to repeal the same.
19 § 3. Organization and structure. The library district shall be
20 managed, operated and controlled by a board of trustees consisting of
21 seven members. The trustees shall at the first regular meeting of the
22 board determine when terms of office of each member shall expire as
23 follows: the two trustees receiving the highest number of votes shall
24 serve for four years, the two trustees receiving the second highest
25 number of votes shall serve for three years, the two trustees receiving
26 the third highest number of votes shall serve for two years, the two
27 trustees receiving the fourth highest number of votes shall serve for
28 one year. As vacancies occur trustees shall be elected at the annual
29 election herein provided for to serve four year terms by the voters of
30 the library district hereby created, said terms to commence on the first
31 day of the month next following the election. Only qualified voters of
32 the district shall be eligible for election to the board of trustees.
33 The board of trustees at its first meeting each year shall elect or
34 appoint a president and vice-president who shall be members of the board
35 and a secretary, treasurer and such other officers as they deem neces-
36 sary. If the board so determines, the offices of secretary and treasurer
37 may be held by individuals who are not members of the board of trustees
38 and, in that event, such officer may, if the board so determines,
39 receive compensation as fixed by resolution of the board.
40 § 4. Finances. 1. The initial budget for the library district shall be
41 determined by a vote of the voters of the district in the initial
42 election as hereinafter provided for. All future budgets that increase
43 the library proposed total operating expenditures over the total operat-
44 ing expenditures in the last preceding fiscal year's budget shall be
45 submitted to the residents voting at the annual election of trustees
46 pursuant to section two of this act. Funds voted for library purposes at
47 the initial election and at all future budget elections shall be consid-
48 ered an annual appropriation therefor and shall be levied and collected
49 yearly in the same manner and at the same time as other taxes in the
50 municipalities served by the district.
51 2. The board of trustees shall annually file with the clerk of each of
52 the municipalities within the district on or before the first day of
53 February an estimate of the proposed budget including costs of library
54 services to be raised by levy for the library district in the fiscal
55 year beginning on the first day of July of that year. The municipalities
56 shall not make any change in the estimate of revenues or expenditures
A. 9930--A 4
1 submitted by the board of the library district in preparation of its
2 preliminary budget.
3 3. The towns of Wallkill, Wawayanda, Mount Hope and Goshen and the
4 city of Middletown shall each levy a tax against the real property lying
5 within the library district for the amount to be raised by tax as
6 contained in the annual budget of the Thrall public library district of
7 Middletown and Wallkill. The municipalities may issue tax anticipation
8 notes, anticipation revenue notes and budget notes pursuant to article 2
9 of the local finance law to obtain the necessary moneys therefor.
10 4. The city of Middletown and the towns of Wallkill, Wawayanda, Mount
11 Hope and Goshen shall have the power to authorize, sell and issue bonds,
12 notes and other evidences of indebtedness pursuant to the local finance
13 law in order to permit the library district to provide facilities or
14 improve facilities for library purposes. Upon written request from the
15 board of trustees of the library district, after approval by the quali-
16 fied voters of such district, the municipalities shall authorize, sell
17 and issue such bonds, notes or other evidences of indebtedness as are
18 necessary to accomplish the improvements specified in the notice. The
19 proceeds of such bonds, notes or other evidences of indebtedness shall
20 be paid to the treasurer of the library district and maintained in a
21 segregated account in accordance with section 165.00 of the local
22 finance law and expended by the treasurer only on specific authorization
23 by the board of trustees.
24 5. The board of trustees of the library district may accept on behalf
25 of the district any absolute gift, devise or bequest of real or personal
26 property and such conditional gifts, devises or bequests as it shall by
27 resolution approve.
28 6. The treasurer of the library district shall be custodian of all
29 funds of the library district including gifts and trust funds paid over
30 to the trustees. The board of trustees may authorize the investment of
31 funds in the custody of the treasurer in the same manner in which school
32 district funds may be invested. Proceeds of obligations may be invested
33 in accordance with section 165.00 of the local finance law. The city of
34 Middletown and the towns of Wallkill, Wawayanda, Mount Hope and Goshen
35 shall promptly pay over to the library district all moneys which belong
36 to or are raised for the library district. No moneys shall be disbursed
37 by the treasurer of the library district except after audit by the board
38 of trustees. The board of trustees of the library district shall audit
39 all claims and shall order the payment thereof, except as otherwise
40 provided by this section. No such claims shall be audited or ordered
41 paid by the trustees unless an itemized voucher therefor shall be
42 presented to the board of trustees for audit and allowance. The
43 provisions of this section shall not be applicable to payment of claims
44 of fixed salaries and amounts which the library districts may be
45 required to pay on account of retirement contributions for past or
46 current services to officers and employees of the library district. The
47 treasurer shall keep such records in such manner as the board of trus-
48 tees may require.
49 § 5. Charter, commencement of operations, and transfer of property and
50 employees. The initial trustees shall, within thirty days from the date
51 of approval of the library district by the voters of the district, apply
52 to the board of regents for a charter as a public library. Upon the
53 granting of such a charter by the board of regents, the Middletown
54 Thrall library district is hereby deemed dissolved and title to all
55 property, real property, real and personal, tangible and intangible,
56 trust and other funds, now held by the Middletown Thrall library
A. 9930--A 5
1 district shall be transferred to, vest in, and be acquired by the
2 library district hereby established. The enlarged city of Middletown
3 school district shall upon granting of such charter enter into a lease
4 with the library district for its use of that building currently used as
5 a library by the Middletown Thrall library district. Such lease at an
6 annual fee of one dollar, shall contain such terms and conditions as
7 agreed upon by the school district and the library district, provided
8 that upon payment of any outstanding bonds issued for the construction,
9 equipping and/or reconstruction thereof, secured by an evidence of
10 indebtedness on such building, such building shall be transferred to the
11 library district for one dollar. Upon the granting of such charter by
12 the board of regents, all employees of the Middletown Thrall library
13 district shall become employees of the library district upon the same
14 terms and conditions of employment and at the same rate of pay as their
15 previous employment by the Middletown Thrall library district.
16 § 6. Ad valorem levy. The several lots and parcels of land within the
17 area of said public library district are hereby determined to be bene-
18 fited by the library facilities and devices existing as of the effective
19 date of this act and the city of Middletown and the towns of Wallkill,
20 Wawayanda, Mount Hope and Goshen are hereby authorized to assess, levy
21 and collect the necessary expenses of operation, maintenance and repair
22 of such facilities and services and such capital improvements including
23 debt service on bonds, notes or other evidences of indebtedness of the
24 county issued for the purpose of the library district as may be hereaft-
25 er authorized pursuant to the provisions of this act from such lots and
26 parcels of land in the same manner and at the same time as other county
27 charges.
28 § 7. Education law. Except as otherwise provided by this act, the
29 provisions of the education law relating to public libraries shall be
30 applicable to the library district herein established.
31 § 8. This act shall take effect immediately.
