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A05262 Summary:

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.
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A05262 Actions:

02/26/2003referred to libraries and education technology
03/18/2003amend and recommit to libraries and education technology
03/18/2003print number 5262a
05/13/2003reported referred to ways and means
05/20/2003reported referred to rules
05/27/2003rules report cal.131
05/27/2003substituted by s2069a
 03/13/2003PRINT NUMBER 2069A
 04/14/20031ST REPORT CAL.475
 04/15/20032ND REPORT CAL.
 04/30/2003PASSED SENATE
 04/30/2003referred to libraries and education technology
 05/27/2003substituted for a5262a
 05/27/2003ordered to third reading rules cal.131
 05/27/2003passed assembly
 05/27/2003returned to senate
 08/05/2003SIGNED CHAP.285
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A05262 Text:

                STATE OF NEW YORK
                               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
        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.

        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.
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