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.
STATE OF NEW YORK
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9310--A
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.
LBD13730-04-6
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.
