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  • Acts
  • 2001
  • Chapter 46 AN ACT AUTHORIZING THE ESTABLISHMENT OF A LIBRARY DISTRICT IN THE TOWNS OF MENDON AND UPTON.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. (a) Upon the acceptance of this act, within 2 years after its effective date, by majority vote in a special or annual town meeting of each of the towns of Mendon and Upton, there shall be authorized the establishment of a district within the town of Mendon and the town of Upton, to be known as the Mendon-Upton Library District unless renamed as set forth in clause (4) of section 4. Upon its establishment in the manner prescribed in this act, the district shall constitute a body politic and corporate and a political subdivision of the commonwealth.

(b) The purpose of the district shall be to construct, maintain and operate a public library within the town of Mendon or the town of Upton, to replace the Taft public library and the Upton town library; to provide informational, recreational, cultural and technological support and services to meet the needs of persons of all ages and economic means within these 2 towns; and to encourage persons to use and enjoy the district library facilities.

(c) The boundaries of the district shall be the boundaries of the towns of Mendon and Upton, as these boundaries may from time to time be modified.

SECTION 2. (a) The district shall be established when the members of the district board of trustees are appointed as provided in subsection (b), if such appointments are made within 5 years of the effective date of this act.

(b) Within 30 days after the acceptance of this act, each such town shall appoint 3 members of the district board of trustees. In each of the towns, the board of selectmen and the existing board of library trustees shall meet jointly within such period for the purpose of such appointment, and each of the selectmen and each member of the existing board of library trustees shall have 1 vote. All members of the district board of trustees shall be residents of the town in which they are appointed. One member from each of the towns shall be appointed for a term expiring upon the next annual election of the member's town; 1 member shall be appointed for a term expiring upon the second annual election of the member's town; and 1 member shall be appointed for a term expiring upon the third annual election of the member's town. Thereafter, 1 member from each town shall be elected by ballot at the next annual election of the member's town for a term of 3 years.

(c) Within 45 days after the establishment of the district, there shall be appointed a committee to oversee the design and construction of a new library building for the district, which shall be known as the Mendon/Upton joint library building committee. The committee shall consist of 11 voting members, including the library director. The district board of trustees shall appoint 6 members of the committee, of whom 3 shall be residents of the town of Mendon and 3 shall be residents of the town of Upton. The board of selectmen and planning board of the town of Mendon shall each appoint 1 resident of the town of Mendon to the committee, and the board of selectmen and planning board of the town of Upton shall each appoint 1 resident of the town of Upton to the committee. The remaining voting member of the committee shall be the library director. Additional nonvoting members may be appointed by the district board of trustees. The committee shall report periodically to the district board of trustees on the progress of design and construction and shall perform such related duties as the district board of trustees may request, but shall not have authority to enter into contracts on behalf of the district, all such power being reserved to the district board of trustees. Vacancies on the committee shall be filled by appointment by the board that last filled the vacant position in the case of positions appointed by the board of selectmen or the planning board of either town, and by the district board of trustees with respect to all other vacancies. The district board of trustees shall dissolve the committee when construction is complete and the district board of trustees determines that no further assistance from the committee is needed in connection with any construction-related matters, and may dissolve the committee at any earlier time.

(d) Upon and after the establishment of the district, each of the towns of Mendon and Upton shall transfer to the district any grants, gifts or other funds which come into the possession of the towns for the purpose of constructing, equipping, furnishing and operating a joint public library.

(e) Section 20B of chapter 59 of the General Laws shall apply to the district.

SECTION 3. (a) The district shall be governed by a district board of trustees consisting of 6 members, 3 of whom shall be residents of and elected from the town of Mendon and 3 of whom shall be residents of and elected from the town of Upton.

(b) Except as provided in subsection (b) of section 2, each member of the district board of trustees shall have a term of 3 years. The terms of the members shall be staggered in such a way that each year the term of 1 member from the town of Mendon and 1 member from the town of Upton shall expire. The expiration date of a member's term shall be the date of the annual town election in such member's town. Members shall serve until their respective successors are elected or appointed and qualified.

(c) Except as provided in subsection (b) of section 2, and subsection (d) of this section, members of the district board of trustees shall be elected in the annual election of their respective towns.

(d) If at any time a vacancy, as defined in section 11 of chapter 41 of the General Laws, shall occur in the district board of trustees, the vacancy shall be filled in the manner prescribed in said section 11, except that (i) the notice to the board of selectmen called for therein shall be given to the board of selectmen of the town of Mendon if the vacancy occurs in a position last filled by election or appointment from the town of Mendon and to the board of selectmen of the town of Upton if the vacancy occurs in a position last filled by election or appointment from the town of Upton, and (ii) the members of the district board of trustees who meet jointly with the board of selectmen to appoint a successor shall be only the remaining members of the district board of trustees who were elected or appointed from the town governed by such board of selectmen.

(e) In meetings of the district board of trustees, a quorum shall consist of 4 members.

(f) The district board of trustees shall annually elect, at the first meeting of the district board of trustees following the later of the annual elections of the towns of Mendon and Upton, a chairman, vice-chairman, secretary and treasurer from among their members. The offices may be filled at any other time by a 2/3 vote of the board.

(g) The district treasurer shall give bond for the proper performance of his official duties similar to that given by the town treasurer, in an amount and with sureties to the satisfaction of the district board of trustees.

(h) The chairman and vice-chairman of the district board of trustees shall not be from the same town. The positions of chairman and vice-chairman shall alternate annually between the members from the town of Mendon and those from the town of Upton. By a 2/3 vote following the expiration of a chairman's term the district board of trustees may allow the chairmanship to be held for a second consecutive year by the incumbent chairman or by another member from the same town, but the chairmanship shall not be held for more than 2 consecutive years by any member or by members from the same town.

(i) The district board of trustees may adopt and from time to time amend by-laws for the conduct of its business not inconsistent with the provisions of this act.

SECTION 4. The district, acting by and through the board of trustees, shall have all of the powers conferred upon, or exercised by, and shall perform all the duties imposed by law upon, the boards of library trustees of the towns of the commonwealth. In addition, and without limiting the generality of the foregoing, the district board of trustees shall have the following powers and duties:

(1) To have the custody and management of the library and reading room of the district and of all other property owned by the district.

(2) To receive by gift, bequest or devise any money or other real or personal property, which money or property shall be administered in accordance with the terms of such gift, bequest or devise.

(3) To enter into contracts with the board or boards of other libraries, either or both of the towns of Mendon and Upton, any other city or town, the commonwealth, the United States, or any other person or entity.

(4) To adopt a name and a corporate seal for the district.

(5) To adopt a name for a building, room or other property of the district.

(6) To sue and be sued in the name of the district, but only to the extent and upon the same conditions that a town may sue or be sued.

(7) To apply for, receive and expend any grants or gifts for the purposes of the district, and to receive and disburse funds from any source for such purposes.

(8) To incur temporary debt in anticipation of revenue to be received from any source.

(9) To engage legal counsel.

(10) To acquire, by purchase or gift, real property within the boundaries of the district and may thereon construct, reconstruct, add to, remodel, make extraordinary repairs to, equip, furnish and operate a library building or buildings and ancillary structures, and to perform site preparation and landscaping of the grounds thereof.

(11) To employ a library director and establish an employment contract with the director and employ library staff subject to applicable law.

(12) To purchase, lease and dispose of real and personal property subject to chapter 30B of the General Laws.

(13) To prepare and submit reports to the board of selectmen and the finance committee of each of the towns of Mendon and Upton, not less frequently than annually, such reports to include a detailed financial statement with respect to the immediately preceding and year-to-date fiscal year, an operating budget for the immediately following fiscal year, and an explanation of the method by which the annual charges assessed to each such town were computed, together with such other information as the district board of trustees may determine, or as either the board of selectmen or finance committee may reasonably request.

(14) To incur debt for the relevant purposes and under such procedures and requirements as provided for under chapter 44 of the General Laws. Written notice of the amount of the debt and of the general purposes for which it was authorized shall be given to the board of selectmen in each of the towns of Mendon and Upton not later than 7 days after the date on which the debt was authorized by the district board of trustees. Debt shall not be incurred until the expiration of 60 days from the date on which the debt was so authorized. Before the expiration of said 60 days, either of the towns of Mendon and Upton may hold a town meeting for the purpose of expressing disapproval of the amount of debt authorized by the district board of trustees, and if at such meeting a majority of the voters present and voting thereon express disapproval of the amount authorized by the district board of trustees, the debt shall not be incurred and the district board of trustees shall prepare another proposal which may be the same proposal as any prior proposal and an authorization to incur debt therefore.

(15) To issue bonds and notes in the name and upon the full faith and credit of the district. The bonds or notes shall be signed by the chairman and treasurer of the district board of trustees, except that the chairman by a writing bearing his signature and filed in the office of the treasurer, which writing shall be open to public inspection, may authorize the treasurer to cause to be engraved or printed on the bonds or notes a facsimile of the chairman's signature, and the facsimile so engraved or printed shall have the same validity and effect as the chairman's written signature, and each issue of bonds or notes shall be a separate loan.

(16) To assess the towns of Mendon and Upton for the expenses of the district.

(17) To carry over from 1 fiscal year to the next any appropriated but unencumbered funds, such funds to be applied by the district board of trustees to any legitimate expenses of the district; and to apply any funds appropriated by the towns of Mendon and Upton for the district's operating budget to any legitimate expenses of the district regardless of the line item to which such funds relate.

(18) Within 7 days after the date on which the district board of trustees votes to authorize the incurring of debt, other than temporary debt in anticipation of revenue to be received from the towns of Mendon and Upton, the district board of trustees shall give written notice to the boards of selectmen of both such towns of the date of the authorization, the sum authorized, and the general purposes for which the debt is authorized, and shall cause the same information which is sent to such boards of selectmen to be published as a paid notice in a newspaper of general circulation in the towns within 10 days after the date on which the district board of trustees votes to authorize the incurring of debt.

SECTION 5. (a) The operational management of the district shall be vested in the district board of trustees. Without limiting the generality of the foregoing, the district board of trustees shall establish and from time to time revise the administrative, personnel, business and accounting policies and practices of the district.

(b) The district board of trustees may enter into contracts with either or both of the towns of Mendon and Upton, or any other entity, whether public or private, for the provision of any services needed by the district including, without limitation, group insurance, retirement and other employee benefits.

(c) The district board of trustees shall have the sole responsibility for the hiring, evaluation, promotion, discipline and termination of the library director and all other employees of the district and shall be responsible for entering into negotiations and agreements with the collective bargaining representatives of any employees so represented.

(d) The district board of trustees shall approve all expenditures and authorize their payment.

(e) Not later than January 10 of each year the district board of trustees shall prepare and submit to the selectmen and finance committees of the towns of Mendon and Upton a detailed annual report, including a financial statement, with respect to the preceding fiscal year. The report shall be in such form as may be appropriate for inclusion in the annual town reports of the respective towns.

(f) Not later than February 15 of each year the district board of trustees shall prepare and submit to the selectmen and finance committees of the towns of Mendon and Upton a detailed operational and capital budget for the following fiscal year.

SECTION 6. (a) For the purpose of apportioning assessments levied by the district against the member towns, costs shall be divided into 2 categories: operating costs and capital costs.

(1) Capital costs shall include all expenses in the nature of capital outlay such as the cost of acquiring land, the cost of constructing, reconstructing and adding to buildings, and the cost of remodeling or making extraordinary repairs to a building or buildings, including without limitation the cost of the original equipment and furnishings for such buildings or additions, plans, architects' and consultants' fees, grading and other costs incidental to placing a building or buildings and additions and related premises in operating condition. Capital costs shall also include payment of principal of and interest on bonds or other obligations issued by the district to finance capital costs. The district's annual assessments for capital costs, less any offset resulting from state grants or other sources, shall be divided evenly between the towns of Mendon and Upton.

(2) Operating costs shall include interest on temporary notes issued by the district in anticipation of revenue and also all costs not included in capital costs.

(i) Operating costs for the first fiscal year next following the establishment of the district and for every fiscal year thereafter shall be assessed by notice from the district board of trustees to the selectmen of the towns of Mendon and Upton not later than March 15 preceding the fiscal year.

(ii) The district's annual assessments for operating costs shall be determined as follows: One-quarter of the total operating costs shall be assessed against each of the towns of Mendon and Upton. The balance, constituting > of the total operating costs, shall be assessed on the basis of the respective populations of the towns. Each such town's share of such balance for each fiscal year shall be determined by computing to the nearest .01 per cent the ratio which that town's population bears to the total population of both such towns. Such population figures shall be as disclosed in the most recent census reports or population estimates available before March 1 of the fiscal year immediately preceding the fiscal year with respect to which an assessment is made.

(b) Each of the towns of Mendon and Upton shall pay to the district for the first fiscal year next following establishment of the district and for every fiscal year thereafter 1/12 of such town's assessment of operating and capital costs on or by the tenth day of each month of such fiscal year, except for assessments to pay debt service, which share shall be paid to the district not later than 30 days before the due date of such debt service.

(c) The district board of trustees, by a 2/3 vote of all its members, shall annually determine the amounts necessary to be raised to maintain and operate the district during the next fiscal year, and amounts required for payment of debt and interest incurred by the district which will be due in that year, and shall apportion the amount so determined between the towns of Mendon and Upton as provided in this section. The amounts so apportioned for each town shall be certified by the district treasurer to the treasurers of each town within 30 days from the date on which the annual budget is adopted by a 2/3 vote of the district board of trustees, but not later than April 30. The district treasurer shall include in the certification to each town a statement setting forth the amount, if any, by which the unencumbered amount in the excess and deficiency fund, so-called, of the district at the end of the preceding fiscal year, as certified by the commissioner of revenue pursuant to subsection (d), exceeded 5 per cent of the district's operating budget and its budgeted capital costs for the current fiscal year, and the proportionate share of any such excess in said fund by which such town's assessment for the current fiscal year was reduced. The district treasurer shall provide a copy of the adopted budget to the chairmen of the boards of selectmen, chairmen of the finance committees and the treasurers of each town.

(1) The annual district budget adopted by a 2/3 vote of the district board of trustees shall require the approval, by majority vote, of the town meetings of the towns of Mendon and Upton. The district budget so approved shall be apportioned between the towns and paid in accordance with the terms set forth above. In the event that the district budget is not so approved, the district board of trustees shall have 30 days to reconsider, amend and resubmit a budget on the basis of the issues raised. Nothing herein shall prevent the district board of trustees from resubmitting the same or higher budget. The amounts required to be raised on account of the district budget shall be reapportioned between the towns by the district board of trustees and a copy of the amended budget shall be provided, not later than 7 days from the date the amended district budget was adopted by the district board of trustees, to the chairmen of the boards of selectmen, chairmen of the finance committees and the treasurers of both towns. The respective amounts reapportioned between the towns by the district board of trustees shall be recertified by the district treasurer to the treasurers of the towns not later than 7 days from the date the amended district budget was adopted by the district board of trustees. Prior to the expiration of 45 days from the date on which such budget was adopted by the district board of trustees, each town shall hold a town meeting to act upon the appropriation of the budget so reapportioned and recertified to it. If both town meetings vote to appropriate the amounts so reapportioned and recertified to them, such budget shall be considered approved and shall be apportioned between the towns and paid by them in accordance with the terms set forth above.

(2) If the town meeting of either town votes not to appropriate the amount so reapportioned and recertified to it, then the district board of trustees shall convene a special meeting open to all registered voters in both towns at which the amended district budget, proposed by the district board of trustees, shall be considered. The meeting shall be called pursuant to a warrant, under the hands of at least a majority of the district board of trustees, notice of which shall be given at least 14 days prior to the date of such meeting. The warrant shall state the time, place and purpose of the meeting and shall be directed to the district secretary, who shall give notice by posting a copy in the town clerk's office and at least 2 other public places in each town and who shall further provide notice by publishing a copy of said warrant in at least 1 newspaper in general circulation within the towns. The boards of selectmen of the towns in a joint meeting shall, by a majority vote of those present, appoint a town moderator or any other person acceptable to the boards of selectmen to act as moderator and the district secretary shall keep the record of such meeting. Approval of the district budget shall require the affirmative vote of at least a majority of those present and voting thereon, by a counted vote. The district budget so approved shall be apportioned between the towns and paid by them in accordance with the terms of this act.

(3) If, after submission of the budget, no agreement is reached as to a budget for the district, then the budget shall be an amount equal to (1) the average of the towns' appropriation for operating costs and for capital costs, not including capital costs for the payment of principal of and interest on bonds or other obligations issued by the district to finance capital costs for free public library service for the 3 years immediately preceding, increased by 2.5 per cent of this average, plus (2) the capital costs required for the payment of principal of and interest on bonds or other obligations issued by the district payable during the fiscal year for which the budget is proposed. The district budget shall be apportioned between the towns and paid by them in accordance with the terms set forth above concerning apportionment of costs.

(4) At any time after the adoption of the annual budget, the district board of trustees may reduce the amount to be raised by assessment to the towns and reapportion the reduced amount in accordance with the terms set forth above for apportionment of costs. The district treasurer shall recertify the amounts reapportioned to the treasurers of the towns within 30 days from the date on which the district board of trustees votes to reduce the annual budget or assessments. If the recertification is made after the annual town meeting of either town, the amount recertified for such town shall be considered an amendment to the amount required to have been appropriated at that meeting without the necessity for further action by the town, and, if the annual assessment of taxes has not been made, the town's assessors shall include only the amount so recertified in making the annual assessment of taxes under the provisions of section 23 of chapter 59 of the General Laws.

(5) For the purposes of this section, a vote or votes by either town's town meeting to appropriate such town's apportioned share of the district budget shall constitute approval of the annual district budget; but neither town's apportioned share may be increased in the same fiscal year without approval of such town's town meeting.

(6) The clerk of each of the towns of Mendon and Upton shall, within 7 days following a vote concerning a district budget or apportionment, certify in writing to the district treasurer the results of such town meeting vote.

(d) If the unencumbered amount in the excess and deficiency fund, so-called, of the district at the end of a fiscal year exceeds 5 per cent of its operating budget and its budgeted capital costs for the succeeding fiscal year, the amount in excess of that 5 per cent shall be applied by the district board of trustees to reduce the amount to be raised by assessment on the towns of Mendon and Upton in accordance with the terms concerning apportionment of costs. The commissioner of revenue shall certify the unencumbered amount in the excess and deficiency fund, so-called, of the district, and the amount, if any, by which it exceeds 5 per cent of the district's operating budget and its budgeted capital costs for the succeeding fiscal year, at the end of each fiscal year and shall report such amount to the district board of trustees and the board of selectmen of each town by December 1 of each year. The district board of trustees shall submit all information necessary to perform said certification to the commissioner of revenue at the close of each fiscal year but not later than October 31. The district treasurer shall recertify the amounts reapportioned to the treasurers of the towns within 30 days from the date on which the district board of trustees votes to reduce the amounts to be raised by assessment. If the recertification is made after the annual town meeting of either town, the amount recertified for such town shall be considered an amendment to the amount required to have been appropriated at that meeting without the necessity for further action by the town, and, if the annual assessment of taxes has not been made, the town's assessors shall include only the amount so recertified in making the annual assessment of taxes under the provisions of section 23 of chapter 59 of the General Laws.

(e) If, because of the failure or refusal of either of the towns of Mendon or Upton to make timely payment of the town's assessment of operating or capital costs the district incurs any liability for interest, penalties, fines, accelerated payment of principal or interest, reasonable attorneys' fees or other costs which the district would not have incurred if the town had made timely payment, then all such costs shall be specially assessed against the town. The district shall have a cause of action against either town for failure to comply with its obligations under this act.

SECTION 7. (a) The district board of trustees may accept or refuse, on behalf of the district, any gift, bequest or devise, whether of money or real or personal property, for the purposes of the district, and may administer any trust for such purposes or become the beneficiary of any such trust.

(b) Any money or real or personal property heretofore held in trust by the trustees of the Taft public library in the town of Mendon shall hereafter be held in trust by a committee composed of the members of the district board of trustees residing in the town of Mendon, who shall apply such trust assets and the proceeds thereof for the benefit of the district while adhering as nearly as possible to the express wishes of the grantor of such trust. Any money or real or personal property heretofore held in trust by the trustees of the Upton town library shall hereafter be held in trust by a committee composed of the members of the district board of trustees residing in the town of Upton, who shall apply such trust assets and the proceeds thereof for the benefit of the district while adhering as nearly as possible to the express wishes of the grantor of such trust. Neither of the committees shall make any purchase or investment on behalf of the district using assets or proceeds of any trust without the approval of a majority of the members of the district board of trustees as a whole.

(c) The district board of trustees may name any district asset in honor of any person or organization whom or which the trustees wish to honor as a significant donor to the district.

SECTION 8. (a) The transition period shall commence upon the establishment of the district and shall terminate when the district gives written notice to the boards of selectmen and boards of library trustees of the towns of Mendon and Upton that it has opened for public use a newly constructed library building. Upon the termination of the transition period, the board of trustees of the Taft public library and the board of trustees of the Upton town library shall be abolished.

(1) During the transition period the district board of trustees may hire a library director and may hire or retain as an independent contractor a business manager. Either of the towns of Mendon and Upton may, at its election and with the assent of the district board of trustees, keep such person or persons as an employee of such town during the transition period in order to extend to such person or persons such town's employee benefits, including health insurance and pension, but the cost thereof shall be equitably borne by both towns through the division of operating costs set forth in section 6.

(2) During the transition period the district board of trustees shall submit to the boards of selectmen of the towns of Mendon and Upton 1 or more transitional budgets to be considered as appropriations at the town meetings of the towns.

(3) The board of trustees of the Upton town library and the board of trustees of the Taft public library shall continue to oversee their respective libraries and to employ their respective staffs until they receive written notice from the district board of trustees of the district's readiness to assume such duties, which notice shall issue not later than the opening of the joint public library building. As soon as practicable after such receipt of notice, each of the towns of Upton and Mendon shall transfer to the district any and all appropriated and unexpended funds for the purpose of operating the Taft public library and the Upton town library for the balance of the fiscal year. The district board of trustees shall have the authority to expend all such funds for the purposes of continuing the operations of these libraries. All employees of the Taft public library and the Upton town library shall become employees of the district with no reduction in wages, salary or benefits. The district shall succeed to the rights and obligations of the board of trustees of the Taft public library and the board of trustees of the Upton town library under any collective bargaining agreements then in effect.

(b) All of the personal property which had previously been within the custody and control of the board of trustees of the Taft public library and the board of trustees of the Upton town library, and all of the powers, duties and contractual obligations of the board of trustees of the Taft public library and of the board of trustees of the Upton town library shall, by operation of law upon the termination of the transition period, be vested in and assigned and delegated to the district board of trustees, with the exception of any pre-existing trusts, which shall be administered as set forth in subsection (b) of section 7. Real property which had previously been within the custody and control of the board of trustees of the Taft public library and the board of trustees of the Upton town library, except real property held for use by a joint public library, shall become the property of the town in which it is located upon the termination of the transition period. Any historical or genealogical records or material which belong to either the town of Mendon or the town of Upton or any historical society or similar organization and which are located in the Taft public library or the Upton town library shall remain the property of such town, society or organization but may, subject to any agreement which the district board of trustees may choose to enter into with such town, society or organization, be archived by the district, but no such records or material shall be accepted for archiving by the district unless it is described in detail in an inventory of such records and material, which inventory shall be filed with the permanent records of the district.

(c) Until the district notifies the towns of Mendon and Upton that the district has obtained group health and other insurance for the employees of the Taft public library and the Upton town library, each of the towns of Mendon and Upton shall maintain in place their insurance covering such employees.

(d) During the transition period, as defined in subsection (a) of section 8, the district board of trustees shall request the town meetings of the towns of Mendon and Upton for appropriations to support the district and shall expend such amounts as are thereby appropriated for such purpose.

SECTION 9. (a) During the first 20 years following establishment of the district, the district shall not be dissolved without specific authorization of the general court. Such dissolution may be initiated by petition to the general court on a 2/3 vote of the district board of trustees, or by petition by the town of Mendon or the town of Upton under Section 8 of Article LXXXIX of the Amendments to the Constitution.

(b) After the expiration of 20 years from the establishment of the district, the district may be dissolved by either of the following 2 methods:

(1) Either the town of Mendon or the town of Upton may dissolve the district by a 2/3 vote of such town's annual town meeting followed by a 2/3 vote of those registered voters of such town voting in an election in which the question whether to dissolve the district shall be placed upon the ballot. The district shall be deemed dissolved upon the occurrence of both such votes. In the event that the district is so dissolved, all obligations of the district, including any obligation to pay principal or interest on any bond or note, any contractual obligation and any tort liability, not discharged in full during the winding-up period called for by subsection (c) shall, following the expiration of such period, become the sole obligation of the town which initiated dissolution.

(2) The towns of Mendon and Upton may jointly dissolve the district by a 2/3 vote of each such town's annual town meeting. In the event that the district is so dissolved, all obligations of the district, including any obligation to pay principal or interest on any bond or note, any contractual obligation and any tort liability, not discharged in full during the winding-up period called for by subsection (c) shall, following the expiration of such period, become the equal obligations of the 2 towns severally and not jointly, with the result that each such town shall be responsible for ½ of such obligation.

(c) Following dissolution, the district board of trustees shall continue in office for a period of 2 fiscal years for the purpose of winding up the affairs of the district. The district board of trustees may continue to levy assessments against the towns of Mendon and Upton during such period but shall not incur any indebtedness.

(d) As soon as practicable after dissolution, the district board of trustees shall cause the personal property of the district which is not then held in trust to be appraised and sold. After payment of the obligations of the district, the proceeds of such sale shall be divided equally between the towns, which shall apply such proceeds exclusively for the purpose of providing library services. The district board of trustees shall also cause the library building belonging to the district to be appraised. Following dissolution such building and the real property of which it is a part and any other real property belonging to the district shall be conveyed to the town in which it is located and such town shall pay the other town > of such appraised value. Nothing contained in this section shall be construed to authorize the sale of any genealogical or historical records or material relating to either of the towns of Mendon or Upton, all of which upon dissolution shall be returned to the town, historical society or other organization which owns such records or material or, if such records or material are owned by the district, to the town to which such records or material relate.

(e) Upon any dissolution of the district, the members of the district board of trustees who reside in the town of Mendon shall become the reconstituted board of trustees of the Taft public library and the members of the district board of trustees who reside in the town of Upton shall become the reconstituted board of trustees of the Upton town library, in each case until the expiration of their respective terms of office. Such offices shall thereafter be filled according to the General Laws and the bylaws of the respective towns.

(f) Any money or real or personal property held in trust by the board of trustees of the Taft public library in the town of Mendon before the establishment of the district shall, following any dissolution of the district, be held in trust by the reconstituted board of trustees of the Taft public library for the original purposes thereof. Any money or real or personal property held in trust by the board of trustees of the Upton town library before the establishment of the district shall, following any dissolution of the district, be held in trust by the reconstituted board of trustees of the Upton town library for the original purposes thereof. Any money or real or personal property held in trust by the district board of trustees as a result of a gift, devise or bequest made after the establishment of the district shall, following any dissolution of the district, be divided equally between the towns and thereafter be held in trust by the reconstituted boards of trustees of the Taft public library and of the Upton town library, for the benefit of the respective towns' libraries, while adhering as nearly as possible to the express wishes of the grantor of such trust.

SECTION 10. (a) The fiscal year of the district shall be the same as that established by the General Laws for cities and towns in the commonwealth.

(b) If a court of competent jurisdiction should hold any of the provisions of this act illegal, unenforceable or void, such illegality, unenforceability or voidness shall not affect the remaining provisions of this act, all of which shall continue in full force and effect.

(c) That part of the records of the district which reveals the identity and intellectual pursuits of a person using the district's library shall not be a public record as defined by clause Twenty-sixth of section 7 of chapter 4 of the General Laws. District authorities may disclose or exchange information relating to district library users for the purposes of inter-library cooperation and coordination, including but not limited to, the purposes of facilitating the sharing of resources among library jurisdictions as authorized by section 19E of chapter 78 of the General Laws or enforcing the provisions of sections 99A and 100 of chapter 266 of the General Laws.

Approved July 27, 2001.