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A09310 Summary:

Creates the Dodge library district in a portion of the town of Chazy, Clinton county; provides for election to establish such district in a portion of the town of Chazy which is not served by two school districts; permits bonding for facilities and improvements; provides for tax levy.
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A09310 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    January 10, 2006
        Introduced  by M. of A. ORTLOFF -- read once and referred to the Commit-
          tee 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 creating the Dodge library district in a portion
          of the town of Chazy

          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 Clinton, a public
     4  library district which shall consist of the town of Chazy,  except  that
     5  portion  of  the  town of Chazy which is located in the Chazy Union Free
     6  School District and shall be known as the Dodge library district.
     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 and residing in the area of the
    13  proposed district, the board of trustees of the existing  Dodge  library
    14  shall  give  notice of an election to be conducted pursuant to this act.
    15  Such election shall be held within one year after this  act  shall  have
    16  become  law.    If a majority of the voters approve the formation of the
    17  district, then the district shall come into existence on the  terms  and
    18  conditions set forth in this act. At such election the issue shall be:
    19    (a)  whether  the  public  library district therein described shall be
    20  created or not;
    21    (b) whether the initial budget therefor proposed by the board of trus-
    22  tees of the Dodge library shall be approved or disapproved; and
    23    (c) the election of five trustees as provided by this act.

    24    The trustees of the existing Dodge library shall give notice  of  such
    25  election by the publication of a notice in one or more newspapers having
    26  a  general  circulation in the district to be served. The first publica-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9310--A                          2
     1  tion of such notice shall be not less than thirteen days  and  not  more
     2  than  twenty  days  prior to the date of such election. In addition, the
     3  board of trustees of the existing Dodge library shall  cause  copies  of
     4  such  notice  to  be  posted conspicuously in three public places in the
     5  district at least thirteen days prior to the date of such election. Such

     6  notice shall specify the time when and the  place  where  such  election
     7  will  be  held,  the issues to be decided at such election and the hours
     8  during which polls will be open for the receipt of  ballots  thereof  at
     9  all  elections  from  7:00 a.m. until 8:00 p.m. The board of trustees of
    10  the existing Dodge library shall designate a resident qualified voter of
    11  such district to act as chairperson of any election of such district and
    12  shall designate not less than two nor more than four resident  qualified
    13  voters  at  the polling place which shall be the Dodge library to act as
    14  election inspectors and ballot clerks at such elections. No  trustee  or
    15  candidate  for the office of trustee shall serve as chairperson or as an
    16  election inspector or ballot clerk. The board of trustees  may  adopt  a
    17  resolution  providing  that  such  chairperson,  election inspectors and

    18  ballot clerks shall be paid for their respective services at the initial
    19  election or at subsequent elections, should the new library district  be
    20  created.  After  the  polls  have  closed at such election, the election
    21  inspectors and the ballot clerks shall immediately canvass publicly  the
    22  ballots cast and the chairperson of the election shall publicly announce
    23  the  result.  Within  seventy-two  hours  thereafter,  the  chairperson,
    24  election inspectors, and ballot clerks shall execute and file a  certif-
    25  icate  of  the  result of the canvass with the board of trustees and the
    26  Chazy town clerk.
    27    2. In the event that the district is created, there shall be an annual
    28  election conducted by  the  board  of  trustees  of  the  Dodge  library
    29  district  in  accordance  with the provisions of subdivision one of this
    30  section, at a time and place to be set by the board, at  which  election

    31  vacancies  on  the  board  of  trustees shall be filled and at which any
    32  proposed budget which the board shall determine to submit to the  voters
    33  pursuant to section four of this act shall be submitted to the voters.
    34    3. Candidates for the office of member of the board of trustees of the
    35  Dodge library district shall be nominated by petition. No vacancy on the
    36  board  of trustees to be filled shall be considered a separate, specific
    37  office. A separate petition shall be required to nominate each candidate
    38  for a vacancy on the board. Each  petition  shall  be  directed  to  the
    39  secretary  of the board of trustees, shall be signed by at least twenty-
    40  five qualified voters of the district, shall state the residence of each
    41  signer, and shall state the name and residence of the candidate. In  the
    42  event  that  any  such  nominees  shall  withdraw candidacy prior to the

    43  election, such person shall not be considered a candidate unless  a  new
    44  petition  nominating  such person in the same manner and within the same
    45  time limitation applicable to other candidates is filed with the  secre-
    46  tary  of  the  board  of trustees. Each petition shall be filed with the
    47  secretary of the board of trustees between the hours of 9:00 a.m.    and
    48  5:00  p.m.,  not  later than the thirtieth day preceding the election at
    49  which time the candidates are to be  elected.  In  the  event  that  the
    50  district  is  created,  petitions nominating candidates for the board of
    51  trustees after the initial election shall be filed with the secretary of
    52  the Dodge library district.
    53    4. At any election in such district, the voters may adopt  a  proposi-
    54  tion providing that, in all subsequent elections, vacancies on the board

    55  of  trustees shall be considered separate, specific offices and that the
    56  nominating petitions shall describe the specific vacancy upon the  board

        A. 9310--A                          3
     1  of  trustees  for  which  the  candidate is nominated, which description
     2  shall include at least the length of the term of the office and the name
     3  of the last incumbent, if any. No person shall  be  nominated  for  more
     4  than  one specific office. Such procedure shall be followed with respect
     5  to all nominations and elections in subsequent years  until  and  unless
     6  such  proposition is repealed by the electors of the district at a regu-
     7  lar election by adoption of a proposition to repeal the same.
     8    § 3. Organization and structure. The Dodge library district  shall  be
     9  managed,  operated,  and controlled by a board of trustees consisting of

    10  five members. The trustees shall, at the first regular  meeting  of  the
    11  board,  determine by lot the year in which each of their terms of office
    12  expire, and the terms shall expire as follows: after one year two  trus-
    13  tees; after two years two trustees; after three years one trustee.
    14    As  vacancies  occur, trustees shall be elected at the annual election
    15  provided for by this act to serve three year terms by the voters of  the
    16  library district hereby created, such terms to commence on the first day
    17  of  the  month next following the election. Only qualified voters of the
    18  district shall be eligible for election to the board  of  trustees.  The
    19  board  of trustees at its first meeting each year shall elect or appoint
    20  a president and vice-president who shall be members of the board  and  a
    21  secretary, treasurer, and such other officers as they deem necessary. If

    22  the  board  so determines, the offices of secretary and treasurer may be
    23  held by individuals who are not members of the board of trustees and, in
    24  that event, such officer  may,  if  the  board  so  determines,  receive
    25  compensation as fixed by resolution of the board.
    26    §  4.  Finances.  1. The initial budget for the Dodge library district
    27  shall be determined by a vote of the  voters  of  the  district  in  the
    28  initial  election  as  hereinafter provided for. All future budgets that
    29  increase or decrease the Dodge library proposed total operating expendi-
    30  tures over the total operating expenditures in the last preceding fiscal
    31  year's budget shall be submitted to the residents voting at  the  annual
    32  election  of  trustees  pursuant to section two of this act. Funds voted
    33  for library purposes at the initial election and at  all  future  budget

    34  elections shall be considered an annual appropriation therefor and shall
    35  be  levied  and collected yearly in the same manner and at the same time
    36  as other taxes in the town of Chazy.
    37    2. The board of trustees shall annually file with  the  clerk  of  the
    38  town  of Chazy, on or before the first day of August, an estimate of the
    39  proposed budget, including costs of library services, to  be  raised  by
    40  levy  for the library district in the fiscal year beginning on the first
    41  day of January of the following year. The town shall not make any change
    42  in the estimate of revenues or expenditures submitted by  the  board  of
    43  the library district in preparation of its preliminary budget.
    44    3.  The  town  board of the town of Chazy shall levy a tax against the
    45  real property lying within the Dodge library district for the amount  to

    46  be  raised by tax as contained in the annual budget of the Dodge library
    47  district.   The town board may issue  tax  anticipation  notes,  revenue
    48  anticipation  notes, and budget notes pursuant to article 2 of the local
    49  finance law to obtain the necessary moneys therefor.
    50    4. The town board of the town of Chazy shall have the power to author-
    51  ize, sell, and issue bonds, notes, and other evidences  of  indebtedness
    52  pursuant  to  the  local  finance  law  in  order  to permit the library
    53  district to  provide  facilities  or  improved  facilities  for  library
    54  purposes.  Upon  written request from the board of trustees of the Dodge
    55  library district,  after  approval  by  the  qualified  voters  of  such
    56  district,  the  town  board shall authorize, sell, and issue such bonds,

        A. 9310--A                          4

     1  notes, or other evidences of indebtedness as are necessary to accomplish
     2  the improvements specified in the notice. The proceeds  of  such  bonds,
     3  notes, or other evidences of indebtedness shall be paid to the treasurer
     4  of  the Dodge library district and maintained in a segregated account in
     5  accordance with section 165.00 of the local finance law and expended  by
     6  the treasurer only on specific authorization by the board of trustees.
     7    5.  The  board of trustees of the Dodge library district may accept on
     8  behalf of the district any absolute gift, devise, or bequest of real  or
     9  personal property and such conditional gifts, devises, or bequests as it
    10  shall by resolution approve.
    11    6.  The  treasurer of the Dodge library district shall be custodian of
    12  all funds of the library district, including gifts and trust funds  paid

    13  over to the trustees. The board of trustees may authorize the investment
    14  of  funds  in  the  custody of the treasurer in the same manner in which
    15  school district funds may be invested. Proceeds of obligations  received
    16  from  the  town may be invested in accordance with section 165.00 of the
    17  local finance law. The town of Chazy shall  promptly  pay  over  to  the
    18  Dodge  library district all moneys which belong to or are raised for the
    19  library district. No moneys shall be disbursed by the treasurer  of  the
    20  library  district except after audit by the board of trustees. The board
    21  of trustees of the Dodge library district shall  audit  all  claims  and
    22  shall  order  the  payment thereof, except as otherwise provided by this
    23  section. No such claims shall be audited or ordered paid by the trustees
    24  unless an itemized voucher therefor shall be presented to the  board  of

    25  trustees  for  audit and allowance. The provisions of this section shall
    26  not be applicable to payment of claims of  fixed  salaries  and  amounts
    27  which the library districts may be required to pay on account of retire-
    28  ment  contributions for past or current services to officers and employ-
    29  ees of the library district. The treasurer shall keep  such  records  in
    30  such manner as the board of trustees may require.
    31    § 5. Charter, commencement of operations, and transfer of property and
    32  employees. The initially elected trustees shall, within thirty days from
    33  the  date  of  approval  of  the  library  district by the voters of the
    34  district, apply to the board of  regents  for  a  charter  as  a  public
    35  library.  Upon  the  granting of such a charter by the board of regents,
    36  then title to all liabilities and assets, including all  property,  real

    37  and  personal, and all other tangible and intangible property, trust and
    38  other funds, and all other obligations, now held by  the  Dodge  library
    39  shall be transferred to, vested in, and be acquired by the Dodge library
    40  district  as  established by this act. Upon the granting of such charter
    41  by the board of regents, all employees of the Dodge library shall become
    42  employees of the library district upon the same terms and conditions  of
    43  employment  and  at the same rate of pay as their previous employment by
    44  the Dodge library.
    45    § 6. Ad valorem levy. The several lots and parcels of land within  the
    46  area  of  said public library district are hereby determined to be bene-
    47  fited by the library facilities and devices existing as of the effective
    48  date of this act, and the town of Chazy is hereby authorized to  assess,

    49  levy,  and collect the necessary expenses of operation, maintenance, and
    50  repair of such facilities and services and  such  capital  improvements,
    51  including  debt  service  on bonds, notes, or other evidences of indebt-
    52  edness of the town issued for the purpose of the Dodge library district,
    53  as may be hereafter authorized pursuant to the provisions  of  this  act
    54  from  such  lots  and parcels of land within the library district in the
    55  same manner and at the same time as other town charges.

        A. 9310--A                          5
     1    § 7. Education law. Except as otherwise  provided  by  this  act,  the
     2  provisions  of  the  education law relating to public libraries shall be
     3  applicable to the Dodge library district established by this act.
     4    § 8. This act shall take effect immediately.
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