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HomeMy WebLinkAbout1987-05-12-Ordinance 2084_Library Board of Trustees, Establishr-------------------- ORDINANCE NO.2084 AN ORDINANCE REPEALING CHAPTER 206,WAUKEE MUNICIPAL CODE, AND SUBSTITUTING THEREFOR PROVISIONS CONCERNING THE AP- POINTMENT,POWERS AND DUTIES OF A BOARD OF LIBRARY TRUS- TEES BE IT ENACTED by the Council of the City of Waukee: Section 1.Purpose.The purpose of this ordi- nance is to provide for the creation and appointment of a city library board of trustees,to confirm the establish- ment of a free public library for the city,to be known as the Waukee Public Library,and to specify the powers and duties of the board of library trustees. Section 2.Library Trustees.The board of trus- tees of the Waukee Public Library,hereinafter referred to as the board,cons is ts of 7 members.All board members are to be appointed by the mayor with the approval of the council. Section 3.Qualifications of Trustees.All of the members of the board shall be bone fide citizens and residents of the city of Waukee,Iowa,and all shall be over the age of eighteen (18)years. Section 4.Organization of the Board. A.Terms of Office.All appointments to the board shall be for six (6)years,except to fill vacancies.Each term shall commence on July first.Appointments shall be made every two (2)years of one-third of the total number as near as possible,to stagger the terms.The present incumbents are confirmed in their appointments and terms. B.Vacancies.The position of any trustee shall be vacant if he moves permanently from the city;or if he is absent without due ex- planation from six (6)consecutive regular meetings of the board,except in the case of sickness or if he is removed for cause by the mayor with the approval of the city council.The mayor,with approval of the council,shall fill any vacancy by appoint- -2- ment of a new trustee to fill the unexpired term. C.Quorum and Voting.All action by the board shall require a majority vote of the whole number of members appointed by the board. The removal of a librarian assistant,or em- ployee,however,shall require a two-thirds vote of the board as prov ided in Section 4 and 5 of this ordinance. D.Compensation.Trustees shall receive no compensation for their services. Section 4.owers and Duties.The Board have and exercise the following powers and duties: shall A.To meet and elect from its members a presi- dent,and a treasurer,and such other offi- cers as it deems necessary. B.To have charge,control and superv is ion of the public library,its appurtenances,fix- tures and rooms. C.To direct and control all of the affairs of the library. D.To employ a librian,assistants,and other employees necessary for the proper manage- ment of the library,and to fix their salar- ies. E.To remove by a two-thirds vote of the board the librarian,assistants or employees for misdemeanor,incompetency,or inattention to duty. F.To select and purchase all items considered necessary for the operation of the library. G.To authorize the use of the library by non- residents of the city and to fix charges for this privilege. r------ -3- H.To make and adopt,amend,modify or repeal bylaws,rules and regulations,for the care, use,government,and management of the lib- rary and the bus iness of the board,and to fix and enforce penal ties for violations. Copies of such bylaws,rules and regulations shall be posted in the I ibrary where they can be seen by the public. I.To control exclusively the expenditure of all portions of the municipal enterprise fund allocated for library purposes by the council,and of all money available by gift or otherwise for the erection library build- ings,and of all other money belonging to the library fund,including fines and ren- tals collected under the rules of the board. J.To make and send to the city council,on or before the fifteenth day of February in each year,an estimate of the amount necessary for the improvement,operation,and mainten- ance of the library for the coming fiscal year,the amounts expended for like purposes for the two preceding years,and the amount of income expected for the next fiscal year from sources other than taxation. K.To accept gifts,in the name of the library, of real property,personal property,or mix- ed property,and devises and bequests,in- cluding trust funds;to execute deeds and bills of sale for the conveyance of such property;and to expend the funds received from such gifts for the improvements of the library. L.To enforce the performance of conditions on gifts,donations,devises,and bequests ac- cepted by the city by action against the city council. M.To keep a record of its proceedings. -4- Section 5.Gifts to City.All gifts,donations, devises,and bequests that may be made to the City for the purposes of establishing,increasing,or improving the library shall be administered by the Board of Library Trustees. Section 6.Power to Contract for the Use of The Library. A.Contracting.The board may contract with any other city,town,school corporation, townships,county,or with the trustees of a county library district for the use of the library by their respective residents.Such a contract between the board and a county shall supersede all contracts between the board and townships or school corporations outside of cities or towns in that county. All of the contracts mentioned in this sub- section shall provide for the rate of tax to be levied by the other city,town,school corporation,township,county,or county li- brarian district. B.Termination.Such a contract may be termi- nated at any time by mutual consent of the contracting parties.It may also be termin- ated at any time by a majority vote of the electors represented by either of the cont- racting parties.Such a termination propo- sition shall be submitted to the electors by the governing body of a contracting party on a written petition presented to the govern- ing body not less than forty days before the election.The proposition may be submitted any election provided by law that is held in the territory of the party who is seeking to terminate the contract. §206.7.Nonresident Use of The Library.The board may authorize the use of the library by in non resi- dents anyone or more of the following ways: ,-- -5- A.By lending the books to nonresidents on the same terms and conditions as to residents of the city,or upon payment of a special nonresident library fee. B.By establishing depos it o r i.es of books to be loaned to nonresidents. library C.By establishing a traveling library so that books may be loaned to non residents. D.By establishing branch libraries for lending books to non residents. Section 8.Fund Treasurer.All money allocated by the council for the maintenance of the library shall be deposited with the city treasurer to the credit of the li- brary fund.This money shall be kept separate from all other moneys and shall be paid out only on orders of the board,signed by its president and secretary. Section 9.Annual Report.The board shall make a report to the city council immediately after the close of the municipal fiscal year.This report shall contain statements of the condition of the library,the number of books added thereto,the number circulated,the number lost or not returned,the amount of fines collected,the amount of money expended in the maintenance of the library during the year,and any further information required by the council. Section 10.Recovery of Library Books.If any book or other property of the library is retained by any person beyond the period provided by the rules and regula- tions of the board and is not returned upon request of the librarian,the mayor,upon the written request of the board,may issue an order to the chief of police to obtain such book or other property and to collect any fine set by the board for such retention or for damage to the book or property.This order shall be sufficient authority for any policeman to take lawful possession of the book or the property,collect the fine,and return the book or proper- ty and the fine to the librarian. Section 11.Injury to Library Property.Any per- son who willfully,maliciously,or wantonly tears,defac- -6- es,mutilates,injures,or destroys,in whole or in part, any newspaper,periodical,book,map,pamphlet,chart, picture,or other property belonging to the library shall be deemed guilty of a misdemeanor and shall be fined not more than one hundred dollars,or imprisoned not more than thirty days. Section 12.Repealer. ordinances in conflict with nance are hereby repealed. All ordinances or parts of the provisions of this ordi- Section 13.Saving Clause.If any section,pro- vision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section, provision,or part not adjudged invalid or unconstitution- al. Section 14.Effective be in effect after its final cation as required by law. Date.This ordinance shall passage,approval,and publi- Passed by the Council the 12th day of May,1987,and Ap- proved this 12th day of May,1987. Attest: