HomeMy WebLinkAboutcocc_ordinance_no_29-2021_202108171 ORDINANCE NO. 29-2021
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; AMENDING CHAPTER 46 - LIBRARY OF
5 THE CITY CODE RELATED TO THE LIBRARY BOARD; PROVIDING FOR
6 THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
7 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY
8 AND AN EFFECTIVE DATE.
9
10 WHEREAS, the City is granted authority, under Section 2(b), Article VIII, of the State
11 Constitution, to exercise any power for municipal purposes; and
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13 WHEREAS, the City Council initially established the City's Library Board in 1966 (Ordinance
14 11-66) when the City initially created the Cape Canaveral Library to operate and maintain its own
15 free public library; and
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17 WHEREAS, the City Council later adopted Ordinance 9-73 and reaffirmed the creation of
18 the Cape Canaveral Library and Library Board under the provisions of former repealed Chapter
19 167, Horida Statutes, so the library and Library Board could perform the statutory functions
20 enumerated in Chapter 167, Florida Statutes; and
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22 WHEREAS, in 1988, the City of Cape Canaveral relinquished its operation of the Cape
23 Canaveral Library to Brevard County who operates a county -wide library system, and the transfer
24 of responsibilities was set forth in that certain Agreement by and between the City and Brevard
25 County, dated March 1, 1988 ("Agreement"); and
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27 WHEREAS, Brevard County currently maintains and operates the Cape Canaveral Library
28 as part of the county -wide library system; and
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30 WHEREAS, under the Agreement, the City is required to maintain a local library board for
31 purposes of representing the interests of the public, to provide for development and improvement
32 of local library services, and to serve as an information resource in planning local library service
33 programs for discussion and review by the Brevard County Public Library Board. This local board
34 shall be implemented to facilitate the transmission of information from the local community
35 pertaining to the needs of the Cape Canaveral Library to the Brevard County Library Board and
36 the Library Services Director; and
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38 WHEREAS, as a result of the Agreement and transfer of library operations to Brevard
39 County, most of the provisions contained in Chapter 46 of the City Code are obsolete and
40 outdated and should be repealed because they no longer serve any legitimate function, and
41 further Chapter 46 should be updated to expressly recognize the Agreement and the current
42 required function of the library board; and
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City of Cape Canaveral
Ordinance No. 29-2021
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1 WHEREAS, due to the fact that citizen volunteers interact at the library on a daily basis
2 regarding issues pertaining to the library, and there are a limited number of citizens not already
3 volunteering at the library who are interested in serving on the City's library board, it has
4 become impractical to utilize said volunteers as the library board because of Sunshine Law
5 concerns; and
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7 WHEREAS, the Brevard County Library Services Director previously advised City staff of
8 the County's desire to maintain the local library board required under the Agreement; and
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10 WHEREAS, in order to continue complying with the terms and conditions of
11 the Agreement, the City Council desires to serve in the role of the local library board while
12 ensuring that citizens have the ability to continue to publicly present any input and advice
13 regarding the library services being provided at the Cape Canaveral Library; and
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15 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds
16 this Ordinance to be in the best interests of the public health, safety and welfare of the
17 citizens of Cape Canaveral.
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19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
HEREBY ORDAINS, AS FOLLOWS:
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21 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein
22 by this reference as legislative findings and the intent and purpose of the City Council of the
23 City of Cape Canaveral.
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25 Section 2. Amending Chapter 46 of the City Code. The City of Cape
26 Canaveral Codc of Ordinances, Chapter 46, is hereby amended as set forth below (underlined
27 type indicates additions and strikeout type indicates deletions, while *** indicate deletions from
28 this Ordinance of said applicable Division that shall remain unchanged in the City Code):
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30 CHAPTER 46 — LIBRARY
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32 ARTICLE I. — IN GENERAL
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34 Sec. 46-1. - Established.
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36 There is established in the city a public library for the use and enjoyment of the citizens
37 and residents of the city and the adjoining environs, including the county, which shall be known
38 as the Cape Canaveral Public Library.
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40 Secs. 46-2-46-25. - Reserved.
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42 ARTICLE II. - LIBRARY BOARD
City of Cape Canaveral
Ordinance No. 29-2021
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2 Sec. 46-26. - Created.
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4 {j There is created a library board to consist of seven members. The city council shall
5 perform the function and responsibilities of the local library board.
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7 The purpose of the library board is to serve as the local advisory board under that
8 certain agreement entered into by and between the City of Cape Canaveral and Brevard County,
9 dated March 1, 1988, as may be amended, under which the County agreed to provide library
10 services at the Cape Canaveral Public Library. Pursuant to the Agreement, the library board will
11 represent the interests of the public, to provide for development and improvement of local library
12 services, and to serve as an information source in planning local library service programs for
13 discussion and review by the Brevard County Public Library Board. The library board will facilitate
14 the transmission of information from the local Cape Canaveral community pertaining to the needs
15 of the Cape Canaveral Library to the Brevard County Library Board and Library Services Director.
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17 (c) The library board shall meet not less than once a year and seek input and advice
18 from interested citizens regarding the library at one or more public meetings. Such meeting(s)
19 may be included as an agenda item during a regular City Council meeting. Local citizen volunteers
20 at the library will be invited to attend such meeting and be provided an opportunity to offer verbal
21 or written input and advice. As deemed warranted or necessary by the library board, the library
22 board may transmit information and input and advice resulting from the meeting(s) to the Brevard
23 County Library Board and Library Services Director.
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25 Sec.46-27. - Expenditures.
26 The library board shall have exclusive control of expenditures of all monies collected or
27 donated to the credit of the library fund.
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29 Sec. 46-30.
30 The library board shall meet not less than twice a year, and more often if necessary to carry
31 into effect and operation its duties and powers
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33 Sec. 46-31.
34 The city shall not be liable in any way for any acts done or undertakings begun or duties
35 and liability made, assumed or created by the library board, unless it shall first obtain from the
36 city council its approval.
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38 Sec. 46-32. Reports to council.
39
40 (a) The library board shall, on or before the second Monday in June in each year, make
41 a report to thc city council of the condition of their trust on June 1 in such year, showing the
42 following:(1)All moneys received or expended;(2)The number of books and periodicals on
43 hand;(3)Newspapers and current literature subscribed for or donated to the reading room
City of Cape Canaveral
Ordinance No. 29-2021
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1 department;(4)The number of books and periodicals ordered by purchase, gift or obtained during
2 the year and the number lost or missing;(5)The number of visitors attending;(6)The number of and
3 character of books loaned or issued; and(7)Such statistics, information and suggestions as they
4 may deem of general interest or as the city council may require.
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6 (b) The report shall be verified by affidavit of the proper officers of the board.
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8 Sec. 46-33. - Indebtedness.
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10 The library board shall not incur any debts or enter into any contracts or obligations which
11 would be enforceable against thc city, unless prior approval has been obtained from the city
12 council.
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14 Secs. 46-27--46-33. - Reserved.
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16 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
17 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
18 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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20 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
21 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
22 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
23 and like errors may be corrected and additions, alterations, and omissions, not affecting the
24 construction or meaning of this ordinance and the City Code may be freely made.
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26 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
27 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
28 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
29 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
30 the validity of the remaining portions of this Ordinance.
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32 Section 6. Effective Date. This Ordinance shall become effective immediately upon
33 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
34 Charter.
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36
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39 [Adoption page follows]
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City of Cape Canaveral
Ordinance No. 29-2021
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1 ADOPTED by the City Council of the City of Cape Canaveral, Florida this 17th day of
2 August, 2021.
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6 Bob Hoog, Mayor
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9 ATTEST:
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13 Mia Goforth, CMC
14 City Clerk
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22 First Reading: July 20, 2021
23 Advertisement: August 5, 2021
24 Second Reading: August 17, 2021
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28 Approved as to legal form and sufficiency
29 for the City of Cape Canaveral by:
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32 Anfhony A. Garganese, City Attorney
For Against
Mike Brown X
Robert Hoog X
Mickie Kellum Motion
Wes Morrison X
Angela Raymond Second
City of Cape Canaveral
Ordinance No. 29-2021
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SEAL of Cape Canaveral, Florida