[Prior code § 18-1]
A free public library is established
and created in the City, for the free use of its inhabitants, under
the proper rules and regulations for the government and management
thereof. The library shall be managed by a board of trustees as provided
in this chapter.
[Ord. 75-385 § 1 (part); prior code § 18-2]
The board of trustees of the City
public library, referred to in this chapter as the board, consists
of nine members. All board members are to be appointed by the Mayor
with the approval of the Council.
[Ord. 75-385 § 1 (part); prior code § 18-3]
All the members of the board shall
be bona fide citizens and residents of the City.
[New; Ord. 75-385 § 1 (part); prior code § 18-4(1)]
All appointments to the board shall
be for six years, except to fill vacancies. Each term shall commence
on July 1st. Appointments shall be made every two years of one third
the total number as near as possible, to stagger the terms.
[Ord. 75-385 § 1 (part); prior code § 18-4(2)]
The position of any trustee shall
be vacant if he moves permanently from the City; or if he is absent
from six consecutive regular meetings of the board, except in the
case of sickness or temporary absence from the City. Vacancies in
the board shall be filled by appointment of the Mayor, with approval
of the Council, and the new trustee shall fill out the unexpired term
for which the appointment is made.
[Ord. 75-385 § 1 (part); prior code § 18-4(3)]
Trustees shall receive no compensation
for their services.
[New; Ord. 75-385 § 1 (part); prior code § 18-5]
The board shall have and exercise
the following powers and duties:
A.
To meet and elect from its members a president,
secretary, and such other officers as it deems necessary; the finance
director or his designee shall serve as board treasurer, but shall
not be a member of the board.
B.
To have charge, control and supervision
of the public library, its appurtenances, fixtures and rooms containing
the same;
C.
To direct and control all the affairs of
the library;
D.
To employ a librarian, and authorize the
librarian to employ such assistants and employees as may be necessary
for the proper management of the library, and fix their compensation:
provided, however, that prior to such employment, the compensation
of the librarian, assistants and employees shall have been fixed and
approved by a majority of the members of the board voting in favor
thereof:
E.
To remove by a two-thirds vote of the board
the librarian and provide procedures for the removal of assistants
or employees for misdemeanor, incompetency or inattention to duty,
subject, however, as established by state law;
F.
To select, or authorize the librarian to
select, and make purchases of books, pamphlets, magazines, periodicals,
papers, maps, journals, other library materials, furniture, fixtures,
stationery and supplies for the library within budgetary limits set
by the board;
G.
To authorize the use of the library by
nonresidents of the City and to fix charges therefor:
H.
To make and adopt, amend, modify or repeal
rules and regulations, not inconsistent with ordinances and the law,
for the care, use, government and management of the library and the
business of the board, fixing and enforcing penalties for violations:
I.
To have exclusive control of the expenditure
of all funds allocated for library purposes by the Council, and of
all moneys available by gift or otherwise for the erection of library
buildings, and of all other moneys belonging to the library, including
fines and rentals collected, under the rules of the board:
J.
To accept gifts of real property, personal
property, or mixed property, and devises and bequests, including trust
funds; to take the title to said property in the name of the library;
to execute deeds and bills of sale for the conveyance of said property;
and to expend the funds received by them from such gifts, for the
improvement of the library;
K.
To keep a record of its proceedings;
L.
To enforce the performance of conditions
on gifts, donations, devises and bequests accepted by the City by
action of the City Council;
M.
To have authority to make agreements with
the local county historical association, where such exists, and to
set apart the necessary room and to care for such articles as may
come into the possession of the association. The trustees are further
authorized to purchase necessary receptacles and materials for the
preservation and protection of such articles, as are in their judgment
of a historical and educational nature, and pay for the same out of
funds allocated for library purposes.
[Ord. 75-385 § 1 (part); prior code § 18-5.01]
A.
The board may contract with any other boards
of trustees of free public libraries, any other City, school corporation,
private or semi-private organization, institution of higher learning,
township, or county, or with the trustees of any county library district
for the use of the library by their respective residents.
B.
Such a contract may be terminated at any
time by mutual consent of the contracting parties. It also may be
terminated by a majority vote of the electors represented by either
of the contracting parties. Such a termination proposition shall be
submitted to the electors by the governing body of a contracting party
on a written petition of not less than 5% in number of the electors
who voted for governor in the territory of the party at the last general
election. The petition must be presented to the governing body not
less than 40 days before the election. The proposition may be submitted
by any election provided by law that is held in the territory of the
party who is seeking to terminate the contract.
[Ord. 75-385 § 1 (part); prior code § 18-5.02]
The board may authorize the use of
the library by nonresidents in any one or more of the following ways:
A.
By lending the books or other materials
of the library 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 depositories of library
books or other materials to be loaned to nonresidents;
C.
By establishing bookmobiles or a traveling
library so that books or other library material may be loaned to nonresidents;
D.
By establishing branch libraries for lending
books or other library materials to nonresidents.
[New; Ord. 75- 385 § 1 (part); prior code § 18-5.04]
All money appropriated by the Council
from the general fund for the operation and maintenance of the library
shall be set aside in an account for the library. Expenditures shall
be paid for only on orders of the board, signed by its president and
secretary. The finance director or his designee will issue checks.
[Ord. 75-385 § 1 (part); prior code § 18-5.05]
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 amount of fines collected, and the amount of money expended in
the maintenance of the library during the year, together with such
further information required by the Council.
[Ord. 73-385 § 1 (part); prior code § 18-5.06]
Any person who willfully and maliciously
injures, defaces or destroys any book, paper, map or other thing belonging
to the public library, shall be deemed guilty of a simple misdemeanor.
