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HomeMy WebLinkAboutOrdinance No. 09-19731 1 MICROFILMED 344-80 ORDINANCE NO. 9 -73 AN ORDINANCE ADOPTING SECTIONS 167.30 THROUGH 167.39 FLORIDA STATUTES; - mc AMENDED NOMMOVolkotgaxPININIMM LIBRARY BOARD; LIBRARY ON SECOND FUNDS; GENERAL POWERS OF LIBRARY BOARD; FREE READING USE OF LIBRARY BY INHABITAI'S; REPORTS OF LIBRARY 5 -1 -73 BOARD TO COUNCIL; AMENDMENT OF BY -LAWS ESTAB- LISHED BY LIBRARY BOARD; PENALTY FOR VIOLATION OF RULES ESTABLISHED BY LIBRARY BOARD; DONATIONS TO LIBRARY; EXEMPTION OF LIBRARY PROPERTY FROM EXECUTIONS AND TAXES; ESTABLISHMENT OF CIRCULAT- ING LIBRARY; PROVIDING FOR REPEAL OF ALL ORDINANCES 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. The following Sections of the Florida Statutes are hereby specifically adopted by the City of Cape Canaveral, pertaining to the establishment and maintenance of a City Library and Library Board: (a) Section 167.30 - Library Board. (b) Section 167.31 - Funds for the support and maintenance; special fund; disbursements. (c) Section 167.32 - General powers of Library Board, appointment of Librarian. (d) Section 167.33 - Free use of library by inhabitants of City; proviso. by civil action. Library Board. taxation. (e) Section 167.34 - Reports of Library Board to Council. (f) Section 167.35 - Amendments of by -laws. (g) Section 167.36 - Penalty for violation of rules recovered (h) Section 167.37 - Donation to library; title to vest in (i) Section 167.38 - Property exempt from execution and Page 1 of 2 (ORD. 9 -73 1 1 M1OROF1LME 344°80 (j) Section 167.39 - Circulating library. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 1ST day of MAY , 19 City Attorney First reading APRIL 17, 1973 Second reading MAY 1, 1973 Posted APRIL 18, 1973 f 1 MICROFILMED 3-14-80 k Ch. 167 GENERAL POWERS OF MUNICIPALITIES Ch. 167 or upon some superintendent, or other agent in charge of the property of such company, corporation, person or firm, by the sheriff of said county, and such company, corporation, person or firm, within twenty days after such service, shall answer to such petition, and thereafter the petitioner and the respondent shall have twenty days within which to plead to the other's pleadings, unless greater time shall, for good cause shown, be granted by said judge, until an issue is joined. Whenever an issue of fact is joined, as to whether such terms, conditions or provisions have been vio- lated, a jury of six qualified jurors shall be ordered by said judge, and shall be summoned to try the issue upon an early date to be desig- nated by said judge, in or out of term time, for such trial. The usual provisions of law govern- ing trials at law shall prevail, and the question of fact shall be submitted to the jury under the charges. of the court, and the jury shall render a verdict ac' ordingly. The verdict, if the facts constituting the forfeiture and an- nulment have been proven, shall be rendered as follows: "We the jury find the defendant guilty"; otherwise, "We the jury find the de- fendant not guilty." Hlatsry•-43, eh. 4062, 1321; GS 1026; ROB 1264; COL 21144; 14. 2997 was. 167.26 Judgmentar —If the jury find the de- fendant guilty, the a. judgment shall be en- tered up declaring forfeited and annulled all the franchises, grants, privileges, rights, li- censes and immunities under which said com- pany, corporation, person or firm has used said streets for said purposes, and said municipality may' 'remove from said streets all tracks, pipes, wire, poles, and other property of said company, as if no such franchise, grant, privilege, right, licenae or immunity had ever been. given. e3. 4062, 1891; GB 1027; nos 1355; COL 167.27 Appeals. -- Either party to auch pro- ceedings shall have the same right of appeal as in cases at law, except that a supersedes* shall be obtained only upon an order of the circuit judge before whom the case was tried, upon an application therefor, and a hearing of both parties thereon, and upon such terms and conditions as may be prescribed by such judge. Hi.Nryt115, ch. 4067, 1321; GS 1078; 1108 1866; COL 2956. 167.28 Support of public schools, poor, etc. —The city or town council may provide for the support of the poor, the infirm and the insane, and establish public schools and provide foi their maintenance. Hl•sry. -221, c6. 1683, 1389; Re at 08 1048; ROe 1175; CGL 2985. 167.29 Establishing and maintaining 11- brary; election; tax.—Whenever the city or town council of any incorporated city or town in this state shall deem it advisable to estab- lish and maintain a public library and reading room free for the use of the inhabitants of such 689 city or town, they shall call an election to de- cide whether such public library and reading room shall be established in said city or town, and, if a majority of the registered voters of such city or town, at such an election, shall vote in favor of establishing and maintaining such public library, the city or town council of such incorporated city or town shall estab- lish the same, and may levy a tax of not more than two mills on the dollar annually to be levied and collected in like manner as any other taxes of said city or town, and to be known as the "library fund." E124ary.. ;1, cb. 6I22. 18I1; BOB 1876; 001. 2295.' 167.30 Library board.— (1) 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 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 year, one for the term of two years, one for the term of three years, one for the term of four years, and one for the term of five years, from the first day of July following their appointment, and one director shall be chosen annually thereafter for the term of five years; and in cases of vacancies by resignation, removal or otherwise, the council shall fill such vacancy for the unexpired term, and no direc- tor shall receive any pay or compensation for any service rendered as a member of such board, and such directors shall give auch bond as the rovncil may require. Such directors shall, immediately after their appointment, meet and organize by electing one of their number presi- dent, and such other officers as may be necessary. (2) Three 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 supervision and control of the city or *own 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 con- struction of any library building; and the sup- ervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for the purpose. 18i�ry+ -♦3, ob. 6192, 1511; R08 1977; CGL 2987. 167.31 Funds for support and maintenance; spacial fund; disbursements. —All taxes levied or collected 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 Ch. 167 GENERAL POWNRS OF hilUNICIPAL1TI >w Ch. 167 167.38 Penalty for violation of rules recov- ered by civil 'artioa.— penalties Imposed or ac- cruing by any by -law or regul$tion of the library board may be recovered in a civil action before any justice of the peace or ether court having jurisdiction; such action to be instituted in the name of the library board of the city or town library. And moneys collected in any such action shall be forthwith placed in the city treasury to the credit of the library fund. $ K7r 44, eb. 6199, 1911; Ra8 1883; COL 299*. 167.37 Donation to library; title to vest in library board. —Any person May make any do- nation of money or Lands tar the benefit of such library, and the title of the property so donated may be made to and shall vest in the library board, and their puccessors in of- fice, and such board shall th reby become the owners thereof in trust to the uses of the public library of such city or town. St.teee. -at, ee. s199, 1911; ROB 1334; COL 2994. 16728 Property exempt from exeeutioli and taxation. —The property of such library shall be exempt from execution, and shall also be exempt from taxation as other public prop- erty. nist•ryr —fio, ch. 6199, 1911; ROB 1896; COL 2993. 167.39 Circulating library. —The library board may authorize any circulating library, reading matter, or work of art, of any private person, association or corporation, to be de- posited in the public library rooms, to be drawn or used outside of the rooms only on. payment of such fees or membership as corporation or association owning the same ay require. De- posits may be removed by th owner thereof at pleasure, but the books or r ding matter so deposited in the rooms of anyl such public li- brary shall be separately and distinctly marked and kept upon shelves apart from the books of the city or town' library, and every such private or associate library or other property so deposited in any public library, while so placed or remaining, shall be subject to use and reading within the library room without charge by any person and inhabitant of said city or town, and entitled to the use of the free library. HLfery, -111, ch. 6199, 1911; R08 1399; COL 2996. I67.40 To provide for election of officers.— The city or town council may provide for the election by the qualified vote of the city or town of a treasurer and assessor and a col- lector of city or town taxes, end such other executive officers as the council may deem ex- pedient, who shall continue in office for one year, or until their successors re elected and qualified; provided, however, that it is lawful for the city or town council of any city or town to confer upon any qualified person the two offices of marshal and collector of taxes or the two offices of clerk and treasurer, or the offices of clerk, assessor and treasurer. ntatery. -¢24, ch. 1688, 1869; RS 200; Gd. 1060; Ra8 1888; CGL 2998. board and authenticated by the secretary of ouch board, and shall not be used or disbursed for any other purpose or in any other manner. HteNrsr -13. ch. 6199. 1911; Roa 1375; COL 29811. 167.32 General powers of library board; appointment of librarian, etc. --The library board may purchase or lease grounds; erect, Lease or occupy an appropriate building or build- ings for the use of such library; appoint a suitable librarian and assistants; fix their com- pensation, and remove their appointments at pleasure; establish regulations for the govern- ment of such library as may be deemed neces- sary for its preservation and to maintain its usefulness and efficiency; fix and imps by general rules, penalties and forfeitures for tres- ses or injury to the library grounds, rooms, ks or other property', or failure to return any book, or for violation of any by -lapis or regulation; and shall have and exercise such power as may be necessary to carry out the spirit and intent of law, in establishing and maintaining a public library and reading room. ntetery.-44, ch. 619*, 1911; RO8 1979: COL 2939. • • 167.83 Free use of library by inhabitants of city; proviso, —Every library and reading room shall be forever free to the use of the inhabitants of the city or town, subject always to such reasonable regulation as the library board may adopt, to render said library and reading room of the greatest use to the in- habitants of said city or town, and the librarian May exclude from the uae of the library and reading room any person who shall willfully vio- late or refuse to comply with rules and regula- tions established for the government thereof; persons no excluded may appeal to the library board. Et ry.— 5, ch. 6199, 1911; R08 1390; COL 7990. 167.34 Reports of library board to council. . —The library board shall, on or before the second Monday in June in each year make a report to the city or town council of the con - dition of their trust, on the first day of June in such year, showing all moneys received or ex- pended, the number of boob and periodicals. on hand, newspapers and current literature sub- scribed for or donated to the reading room de- partment, the number of books and periodicals ordered by purchase, gift or obtained during the umberr of� visitors attending, the numinbertof and character of books loaned or issued, with such statistics, information and suggestions as they may deem of general interest, or as the city or town council may require, which report shall be verified by affidavit of the proper of- ficers of said board. • nlator7. -16, ch. 9190, 1911; RCS 1881; COL 2991. 167.35 Amendment of bylaws. —Any by- law or regulation established by the library board may be amended by the council of said city or town. 13tatery. -17, ch. 6199, 1912; 11O8 1332; COL 2992. 690