Authorizes the creation of the Gold Coast public library district by voters of the towns of Oyster Bay and North Hempstead in the county of Nassau; provides for the election of trustees and the administration of such library district.
STATE OF NEW YORK
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10045--A
IN ASSEMBLY
March 13, 2000
___________
Introduced by M. of A. SIDIKMAN -- read once and referred to the Commit-
tee on Local Governments -- reference changed to the Committee on
Libraries and Education Technology -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT in relation to authorizing the town boards of the towns of Oyster
Bay and North Hempstead, county of Nassau, to establish the Gold Coast
public library district
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Gold Coast public library district act".
3 § 2. Establishment. Notwithstanding the provisions of any general,
4 special or local law to the contrary, there is hereby created and estab-
5 lished in the towns of Oyster Bay and North Hempstead, Nassau county, a
6 public library district which shall include the geographic boundaries
7 consisting of all of that part of central school district number one in
8 the towns of Oyster Bay and North Hempstead exclusive of the portion
9 thereof within the incorporated village of Sea Cliff, the area of said
10 public library district being bounded on the north by said incorporated
11 village of Sea Cliff and by the city school district of the city of Glen
12 Cove also known as school district number five, on the east by Locust
13 Valley central school district number three, on the south by Jericho
14 union free school district number fifteen and Roslyn union free school
15 district number three, and on the west by Hempstead Harbor and the
16 incorporated village of Sea Cliff.
17 § 3. Election. 1. The public library district described in this act
18 shall not come into existence unless and until it is approved, and the
19 initial proposed budget is approved, by a vote of the majority of the
20 qualified voters voting in an election held pursuant to the following
21 provisions. Upon receipt of a petition signed by not less than one
22 hundred voters qualified to vote at a general election, the town boards
23 of the towns of Oyster Bay and North Hempstead shall give notice of an
24 election. If a majority of the voters at said election approved the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15575-05-0
A. 10045--A 2
1 formation of the district, then the district shall come into existence
2 on the terms and conditions set forth hereinafter. At said election the
3 issues shall be: (a) whether the public library district described in
4 this act shall be created or not; (b) whether the budget therefor
5 proposed shall be approved or disapproved; and (c) the election of nine
6 trustees as further provided by this act. The town board shall designate
7 a polling place which is centrally located and accessible. The town
8 boards shall give notice of said election by the publication of a notice
9 in one or more newspapers having a general circulation in the district
10 to be served. The first publication of such notice shall be not less
11 than thirteen days and not more than twenty days prior to the date of
12 such election. In addition, the town board shall cause copies of such
13 notice to be posted conspicuously in five public places within the
14 proposed district at least thirteen days prior to the date of such
15 election. Such notice shall specify the time when and the place where
16 such election will be held, the issues to be decided at said election
17 and the hours during which polls will be open for the receipt of ballots
18 thereof. The town boards shall designate a resident qualified voter of
19 such district to act as chairperson of any election of such district and
20 shall designate not less than two nor more than four resident qualified
21 to act as election inspectors and ballot clerks at such elections. Every
22 voter, otherwise qualified to vote at a general election within the area
23 of the proposed district shall be qualified to vote at said election.
24 After the polls have closed at said election, the election inspectors
25 and the ballot clerks shall immediately canvass publicly the ballots
26 cast and the chairperson of the election shall publicly announce the
27 result. Within seventy-two hours thereafter, the chairperson, election
28 inspectors and ballot clerks shall execute and file a certificate of the
29 result of the canvass with the town clerks of the towns of Oyster Bay
30 and North Hempstead.
31 2. In the event that the district is created, there shall be an annual
32 election conducted by the board of trustees of the Gold Coast library
33 district in accordance with the provisions of subdivision one of this
34 section, at which election vacancies on the board of trustees shall be
35 filled and at which any proposed budget which the board shall determine
36 to submit to the voters pursuant to section five of this act shall be
37 submitted to the voters.
38 3. Candidates for the office of member of the board of trustees of the
39 library district shall be nominated by petition. A separate petition
40 shall be required to nominate each candidate for a vacancy on the board.
41 Each petition shall be directed to the town clerk of Oyster Bay, shall
42 be signed by at least fifty qualified voters of the district, shall
43 state the residence of each signer, and shall state the name and resi-
44 dence of the candidate. In the event that any such nominee shall with-
45 draw candidacy prior to the election, such person shall not be consid-
46 ered a candidate unless and until a new petition nominating such person
47 in the same manner and within the same time limitation applicable to
48 other candidates is filed with the town clerk of the town of Oyster Bay.
49 Each petition shall be filed with the town clerk of Oyster Bay between
50 the hours of 9:00 a.m. and 5:00 p.m., not later than the thirteenth day
51 preceding the election at which time the candidates nominated are to be
52 elected. In the event the district is created, petitions nominating
53 candidates for the board of trustees after the initial election shall be
54 filed with the secretary of the Gold Coast public library district.
55 4. No vacancy on the board of trustees to be filled shall be consid-
56 ered a separate specific office. At any election in such district, the
A. 10045--A 3
1 voters may adopt a proposition providing that, in all subsequent
2 elections, vacancies on the board of trustees shall be considered sepa-
3 rate specific offices and that the nominating petitions shall describe
4 the specific vacancy upon the board of trustees for which the candidate
5 is nominated, which description shall include at least the length of the
6 term of the office and the name of the last incumbent, if any. No person
7 shall be nominated for more than one specific office. Such procedure
8 shall be followed with respect to all nominations and elections in
9 subsequent years until and unless such proposition is repealed by the
10 electors of the district at a regular election by adoption of a proposi-
11 tion to repeal the same.
12 § 4. Organization and structure. The library district shall be
13 managed, operated and controlled by a board of trustees consisting of
14 nine members. The trustees shall at the first regular meeting of the
15 board determine when terms of office of each member shall expire. The
16 term of three trustees shall expire on the last day in the second Decem-
17 ber after the establishment of the library district and each year there-
18 after the term of three trustees shall expire. As vacancies occur trus-
19 tees shall be elected at an annual election to be held on the first
20 Tuesday in the month of December. Only qualified voters of the district
21 shall be eligible for election to the board of trustees. The board of
22 trustees at its first meeting each year shall elect or appoint a presi-
23 dent and vice-president who shall be members of the board and a secre-
24 tary, treasurer and such other officers as they deem necessary. If the
25 board so determines, the offices of secretary and treasurer may be held
26 by individuals who are not members of the board of trustees and, in that
27 event, such officer may, if the board so determines, receive compen-
28 sation as fixed by resolution of the board.
29 § 5. Finances. 1. The initial budget for the library district shall be
30 determined by a vote of the voters of the district in the initial
31 election as provided for in this act. All future budgets that increase
32 or decrease the library district's proposed total operating expenditures
33 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 three 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 municipalities served by the district.
40 2. The board of trustees shall annually file with the clerk of each of
41 the municipalities within the district on or before the first day of
42 February an estimate of the proposed budget including costs of providing
43 library services to be raised by levy for the library district in the
44 fiscal year beginning on the first day of July of that year. The muni-
45 cipalities shall not make any change in the estimate of revenues or
46 expenditures submitted by the board of the library district in prepara-
47 tion of its preliminary budget.
48 3. The towns of Oyster Bay and North Hempstead shall each levy a tax
49 against the real property lying within the library district for the
50 amount to be raised by tax as contained in the annual budget of the Gold
51 Coast public library district.
52 4. The board of trustees of the library district may accept on behalf
53 of the district any absolute gift, devise or bequest of real or personal
54 property and such conditional gifts, devises or bequests as it shall by
55 resolution approve.
A. 10045--A 4
1 5. The treasurer of the library district shall be custodian of all
2 funds of the library district including gifts and trust funds paid over
3 to the trustees. The board of trustees may authorize the investment of
4 funds in the custody of the treasurer in the same manner in which school
5 district funds may be invested. Proceeds of obligations may be invested
6 in accordance with section 165.00 of the local finance law. No moneys
7 shall be disbursed by the treasurer of the library district except after
8 audit by the board of trustees. The board of trustees of the library
9 district shall audit all claims and shall order the payment thereof,
10 except as otherwise provided by this section. No such claims shall be
11 audited or ordered paid by the trustees unless an itemized voucher
12 therefor shall be presented to the board of trustees for audit and
13 allowance. The provisions of this section shall not be applicable to
14 payment of claims of fixed salaries and amounts which the library
15 district may be required to pay on account of retirement contributions
16 for services to officers and employees of the library district. The
17 treasurer shall keep records in such manner as the board of trustees may
18 require.
19 § 6. Library services. 1. The board of trustees of the Gold Coast
20 library district shall have the authority to provide library services to
21 the residents of the district by contracting for same with the trustees
22 of any public or free association library registered with the board of
23 regents of the university of the state of New York, or with any munici-
24 pal or district body having control of a public library registered with
25 the board of regents of the university of the state of New York, or with
26 the trustees of a cooperative library system approved by the commission-
27 er of education to furnish library services to the people of the
28 district for whose benefit the contract is made, under such terms and
29 conditions as may be stated in such contract.
30 2. The contract shall not be entered into until a public hearing has
31 been held by the board of trustees. Notice of the hearing shall be
32 published at least once in at least one newspaper having general circu-
33 lation in the district. The notice shall specify the time when and
34 place where the hearing will be held, and describe in general terms the
35 proposed contract. The first publication shall be at least ten days
36 prior to the date specified for the hearing.
37 3. Ratification of the contract shall not take place unless and until
38 the board of trustees of the Gold Coast library district and the board
39 of trustees of the library or library system with which the Gold Coast
40 library district intends to contract have both approved such contract by
41 a majority vote.
42 4. The term of the contract shall be for a definite period of time,
43 but in no event shall the term exceed five years.
44 5. By mutual consent of the contracting parties, and after a public
45 hearing held pursuant to notice in the manner aforesaid, any such
46 contract may be (a) entered into, (b) amended, (c) terminated, or (d)
47 terminated and a new contract may be entered into in lieu thereof, if
48 the board of trustees of the Gold Coast library district, after such
49 hearing, shall determine, by resolution, that it is in the public inter-
50 est to do so. Such notice shall state in general terms the reason why
51 any existing contract is to be amended or terminated, and if a new
52 contract is to be entered into the notice shall also describe the new
53 contract in general terms.
54 6. Within ten days after the signing of the contract to provide
55 library services, a copy of the contract shall be filed by the town
A. 10045--A 5
1 clerk of the town of Oyster Bay with the division of library development
2 at the education department of the state of New York.
3 7. Any amount agreed to be paid for library services under any such
4 contract shall be a charge upon the Gold Coast library district and
5 shall be paid directly to the treasurer of the free association library,
6 public library, or the cooperative library system which is providing the
7 contracted services.
8 8. The board of trustees shall have all other powers as provided by
9 law.
10 § 7. Ad valorem levy. The several lots and parcels of land within the
11 area of said public library district are hereby determined to be bene-
12 fited by the library services existing as of the effective date of this
13 act and the towns of Oyster Bay and North Hempstead are hereby author-
14 ized to assess, levy and collect the necessary expenses of such
15 district, including debt service on bonds, notes or other evidences of
16 indebtedness issued for the purpose of the library district as may be
17 hereafter authorized pursuant to the provisions of this act from such
18 lots and parcels of land in the same manner and at the same time as
19 other charges.
20 § 8. This act shall take effect immediately.
