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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 Section 253. 02 (A) of the Code of Ordinances is hereby repealed in its entirety and replaced with the following: Sec. 253. 02 (A) - There is hereby created a Library Board to consist of five ( 5 ) members and two ( 2 )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 All portions of the Code in conflict herewith are hereby repealed.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)