HomeMy WebLinkAboutCode Master Project 1978: Chapter 253: Library Board (No Change)Codified Feb 1986
Codify
ORDINANCE NO. 2-86
AN ORDINANCE AMENDING CODE CHAPTER 253,
"LIBRARY BOARD" BY AMENDING SECTION 253. 02
BY CHANGING THE LENGTH OF TERM OF BOARD
MEMBERS; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Section 253. 02 (A) of the Code of Ordinances is
hereby repealed in its entirety and replaced with the following:
Sec. 253. 02 (A) - There is hereby created a Library Board to
consist of five ( 5 ) members and two ( 2 ) alternate members.
Such membership shall serve at the pleasure of the City
Council and shall be appointed for two ( 2 ) year terms by
the City Council . The terms shall expire in the month of
October of each year. The Board shall hold an organiza-
tional meeting at their November meeting each year and from
their permanent membership elect a chairman who shall hold
office for a period of one year . All Board members shall be
residents of the City for at least twelve (12 ) months
immediately preceding appointment. [Ord. No. 5-80, §1, 4 Mar 1980,
Ord. No. 2-96, §1, Feb. 1986]
SECTION 2. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 4th day of February , 1986.
[signature]
Mayor
ATTEST:
Janet S. Leeser
City Clerk
Approved as to Form:
[signature]
City Attornet
NAME YES NO
FISCHETTI YES
LEE YES
MARCHETTI YES
NICHOLAS YES
WINCHESTER YES
First Reading: January 21, 1986
Posted: January 22, 1986
Advertised: January 25, 1986
Second Reading: February 4, 1986
22 § 253 . 01 LIBRARY BOARD § 253. 02
CHAPTER 253
LIBRARY BOARD
Sec. 253. 01 Establishing a Free Public Library.
There is hereby established in the City a free public
library for the use and enjoyment of the citizens and
residents of the City, and the adjoining environs , in-
cluding Brevard County, which shall be known as the Cape
Canaveral Free Public Library. [Ord. No . 11-66 , § 1,
10 May 1966]
Sec. 253 . 02 Library Board.
(B) Three (3) of such board shall be a quorum. They
may make and adopt such bylaws , rules and regulations for
their own guidance, and for the government of the library
and reading room as they may deem expedient, subject to
the supervison and control of the city or town council,
and not inconsistent with law. They shall have exclusive
control of expenditures of all moneys collected or donated
to the credit of the library fund, and of the renting or
construction of any library building; and the supervision,
§ 253. 02 LIBRARY BOARD § 253. 07 12
care and custody of the grounds, rooms or buildings con-
structed, leased or set apart for the purpose. [Ord. No.
9-73 , § 1, 1 May 1973]
Sec . 253 . 03 Frequency of Board Meetings Established.
The City Library Board shall meet not less than twice a
year, and oftener if necessary to carry into effect and
operation its duties and powers hereby granted. [Ord.
No. 11-66 , § 3 , as amended by 9-73 , 1 May 1973]
Sec. 253 . 04 Liability of City Limited. The City
shall not be liable in any way for any contracts made
and entered into, for any acts done or undertakings be-
gun or duties and liability made , assumed or created by
the Board, unless it shall first obtain from the City
Council its approval of and an appropriation made by it
for the specific contract made or entered into by it on
the specific debt made, created, incurred or assumed.
[Ord. No. 11-66 , § 5 , 10 May 1966]
Sec . 253 . 05 Title to Property Vested in Board. Any
person may make any donation or lands for the benefit of
the library, and the title of the property so donated
shall be made to and vested in the Library Board and
their successor in office. Such Board shall thereby
become the owners thereof in trust to the uses of the
public library of the City, all as provided in § 167 . 31,
Florida Statutes . [Ord. No. 11-66 , § 7 , as amended by
9-73 , 1 May 1973]
Sec. 253 . 06 Funds for the Support and Maintenance;
Special Fund; Disbursements . All taxes levied or col-
lected and all funds donated or in any way acquired for
the erection, maintenance or support of any public library,
shall be kept for the use of such library, separate and
apart from all other funds of said city, town or village,
and shall be drawn upon and paid out by the treasurer of
such city, town, or village, upon vouchers signed by the
president of the library board and authenticated by the
secretary of such board, and shall not be used or dis-
bursed for any other purpose or in any other manner .
[Ord. No. 9-73 , § 1 , 1 May 1973]
Sec. 253 . 07 General Powers of Library Board, Appoint-
ment of Librarian. The library board may purchase or
lease grounds; erect, lease or occupy an appropriate
building or buildings for the use of such library; appoint
a suitable librarian and assistants; fix their compensation,
and remove their appointments at pleasure; establish
First Reading: 2-19-80
Posted: 2-21-80
Advertised: 2-23-80
Second Reading: 2-4-80
ORDINANCE NO. 5-80
AN ORDINANCE AMENDING CHAPTER 253, ENTITLED LIBRARY
BOARD, OF THE CODE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY PROVIDING FOR TWO ALTERNATE MEMBERS
AT LARGE TO BE APPOINTED TO THE LIBRARY BOARD;
REPEALING ALL PARTS OF THE CODE IN CONFLICT HERE-
WITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Chapter 253, Library Board, of the Code of the
City of Cape Canaveral, Florida, is hereby amended as follows:
Section 253. 02 (A) "Library Board" is deleted in its entirety,
and the following new sub-section substituted therefor:
"Section 253. 02 (A) Library Board" Entered in retyping of Code - 1981.
(A) When any city or town council shall have decided by
ordinance to establish and maintain a public library and
reading room, they shall elect a library board to consist
of five (5) directors and two (2) alternate directors, to be
chosen from the citizens at large, of which board neither
the mayor nor any member of the city or town council shall
be a member. Such directors first elected shall hold their
office, one for the term of one (1) year, one for the term of
two (2) years, one for the term of three (3) years, one for
the term of four (4) years, and one for the term of five (5)
years, from the first day of July following their appointment,
and one director shall be chosen annually thereafter for the
term of five (5) years; and in cases of vacancies by resignation,
removal or otherwise, the council shall fill such vacancy for
the unexpired term, first from the alternate members and
then from the public at large, and no director shall receive any
pay or compensation for any service rendered as a member
of such board, and such directors shall give such bond as the
council may require. Such directors shall, immediately
after their appointment, meet and organize by electing one
of their number president, and such other officers as may
be necessary. An alternate director may vote only when a
regular director is absent.
SECTION 2. All portions of the Code in conflict herewith are
hereby repealed.
SECTION 3. This ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida
This 4 day of March , 1980.
[signature]
MAYOR
ATTEST:
[signature & seal]
City Clerk
Approved as to Form:
[signature]
City Attorney
CHAP 253
AMENDED
ORD 9-73 Sec. 253.01 ESTABLISHING A FREE PUBLIC LIBRARY.
There is hereby established in the City a
free public library for the use and enjoyment of the citizens
and residents of the City, and the adjoining environs, including
Brevard County, which shall be known as the Cape Canaveral Free
Public Library. [Ord. No. 11-66 §1, 10 MAY 1966]
INSERT 253.02 FROM NEXT PAGE
Sec.253.03 FREQUENCY OF BOARD MEETINGS ESTABLISHED.
....gggPON-3. The City Library Board, shall meet not less
than twice a year, and oftener if necessary to carry into effect
and operation its duties and powers hereby granted.
[Ord. No. 11-66, §3, AS AMENDED BY 9-73, 1 MAY 1973]
PAGE 1 OF 3
120
R2
SEC. 253.04 LIABILITY OF CITY LIMITED.
The City shall not be liable in any way
for any contracts made and entered into, for any acts done
or undertakings begun or duties and liability made, assumed
or created by the Board, unless it shall first obtain from
the City Council its approval of and an appropriation made
by it for the specific contract made or entered into by it
on the specific debt made, created, incurred or assumed.
[Ord. No. 11-66, §5, 10 MAY 1966]
SECTION 253.05 TITLE TO PROPERTY VESTED IN BOARD.
Any person may make any donation
or lands for the benefit of the library, and the title of the
property so donated shall be made to and vested in the Library
Board and their successors in office. Such Board shall thereby
become the owners thereof in trust to the uses of the public
library of the City, all as/provided in Section 167. 31,
Florida Statutes. [Ord. No. 11-66, §7, AS AMENDED BY 9-73, 1 MAY 1973]
PAGE 2 OF 2
121
[cutoff text]
Sec. 253.02 - Library Board copy from Fla. STAT 167.30 [Ord. No. 9-73, §1, 1 May 1973]
Sec. 253.06 - Funds for the support and maintenance; special fund; disbursements. [Copy from § 167.31, FLA STAT] [Ord. No. 9-73, §1, 1 May 1973]
Sec. 253.07 - General powers of Library Board, appointment of Librarian. [Copy from § 167.32, FLA STAT] [Ord. No. 9-73, §1, 1 May 1973]
Sec. 253.08 - Free use of library by inhabitants of City; provisio. [Copy from § 167.32, FLA STAT] [Ord. No. 9-73, §1, 1 May 1973]
Sec. 253.09 - Reports of Library Board to Council [Copy from § 167.32, FLA STAT] [Ord. No. 9-73, §1, 1 May 1973]
Sec. 253.10 - Amendments of by-laws. [Copy from § 167.32, FLA STAT] [Ord. No. 9-73, §1, 1 May 1973]
Sec. 253.11 - Penalty for violation of rules recovered by civil action.
Sec. 253.12 - Donation to library; title to vest in Library Board.
Sec. 253.13 - Property exempt from execution and taxation.
Page 1 of 2 (ORD. 9-73)
(j) Section 167.39 - Circulating Library.
[Ord. No. 9-73, §1, 1 MAY 1973]
First reading APRIL 17, 1973
Second reading MAY 1, 1973
Posted APRIL 18, 1973
Page 2 of 2 (ORD. 9- 73)