The following terms, when used in this chapter, shall have the meaning
subscribed below:
COUNCIL
The Horsham Township Council, the governing body of Horsham Township,
Montgomery County, Pennsylvania.
LIBRARY
To be defined as set forth in the Pennsylvania Library Code.
LIBRARY CODE
The Pennsylvania Library Code, the Act of June 14, 1961, P.L. 324
(24 P.S. § 4401 et seq.), as amended.
PERSON
Includes individuals, corporations, firms, associations and their
servants, agents or employees.
The Horsham Township Council does hereby declare its intent to create
a free, public, nonsectarian library in Horsham Township to be known as the
"Horsham Township Library," and designates the Horsham Township Library as
the provider of public library service to the residents and taxpayers of Horsham
Township for and on the behalf of Horsham Township in accordance with Section
415 of the Library Code. The Horsham Township Library shall be an integral
part of Horsham Township.
Council agrees to support and assist in the maintenance of the Horsham
Township Library in accordance with the provisions of Section 401 of the Library
Code.
In accordance with Section 411 of the Library Code, Council hereby establishes
a Library Board of Directors to be appointed by Council, subject to the following
terms and conditions:
A. Appointment, terms and qualifications. The Library Board
shall consist of five members who shall be appointed by Council. Members of
the Library Board shall be residents of the Township. One of the initial five
members appointed to the Library Board shall serve a term of one year, two
of the initial five members appointed to the Library Board shall serve terms
of two years, and the remaining two initial members of the Library Board shall
serve terms of three years. All subsequent appointments to fill expired terms
on the Library Board shall be for terms of three years. Any appointments to
fill vacancies shall be for the unexpired terms. All members shall serve until
their successors are appointed.
B. Vacancies. If a vacancy shall occur on the Library Board
for any reason, a majority of Council shall fill such vacancy by appointing
a person qualified to hold such office for the remainder of the unexpired
term.
C. Organization of Library Board. The Library Board of Directors
shall organize as soon as possible after appointment by election of a President,
Secretary and Treasurer from its membership, and such other officers and agents
as the Board may deem necessary. The Treasurer shall give bond to the municipality,
with satisfactory surety, in such amount as the Township Council may deem
appropriate.
D. Compensation. The members of the Library Board shall
serve without compensation.
E. Duties of the Library Board.
(1) Rules and regulations. The Library Board shall adopt
such rules and regulations as may be necessary for carrying out the intent
of this chapter. Such regulations for the planning, conducting and maintaining
of a "free, public, nonsectarian library" for the residents of Horsham Township
shall be vested in the members of the Library Board of Directors. In carrying
out the provisions of this chapter, the Library Board may be guided by the
Pennsylvania Advisory Council on Library Development, the Library Code, and
the regulations set forth in the Pennsylvania Code. The rules and regulations
adopted hereunder by the Library Board shall not become effective until approved
by Council.
F. Budgets and finance. All monies appropriated for the
establishment or maintenance, or both, of a free, public, nonsectarian library
as established by this chapter and all monies, if any, received from other
sources for its use, shall be under the ultimate control of the Council. The
Board of Library Directors, together with the Library Director, shall prepare
an annual budget no later than October 1 of each calendar year for submission
and approval of the Council. The library budget shall be approved by Council
in the manner set forth in the Horsham Township Charter for the approval of
the budget. The accounts of the library shall be audited as in the case of
other municipal expenditures.
G. Annual reports.
(1) The Board shall report annually to Council of the monies
received by such library and the disposition made thereof. The annual report
submitted to the Board of Supervisors shall cover the calendar year and shall
contain the following:
(a) An itemized statement of all receipts and expenditures.
(b) The condition of the library.
(c) The number of volumes, maps, pamphlets and other material
available in the library.
(d) The number of volumes acquired by purchase, gift or otherwise.
(e) The number of items lost or withdrawn.
(f) The number of registered borrowers and readers.
(g) A classified statement of the circulation materials,
with such information and suggestions as may be deemed desirable.
(2) A copy of each annual report shall be sent to the State Library
Commission.
Council hereby establishes the position of Library Director. The Library
Director shall serve under the direction of the Horsham Township Manager.
The Library Director shall be responsible for implementing the policies established
by Council and the Library Board of Directors, and shall be responsible for
implementing and enforcing the rules and regulations promulgated by the Library
Board.
The library and/or libraries so ordained and authorized by virtue of
this chapter shall be free to the use of all residents of Horsham Township
subject to such reasonable rules and regulations as the Library Board may
adopt, and the Library Board may exclude from the use of the library any person
or persons who willfully violate such rules. The Library Board may extend
privileges of such library to persons residing outside the Township upon such
terms and conditions as the Library Board may prescribe.
The real and equitable title to all the real estate and personal property
which may be acquired as part of the ownership and operation of the library,
either by gift or by purchase, shall be vested in Horsham Township. In the
event the municipality receives bequests or donations of books, money, personal
property or real estate for the benefit of the library, and such bequests
or donations shall contain terms and conditions, Horsham Township is deemed
to be a trustee of said property subject to any terms and conditions placed
on the gift by the donor. Otherwise the donated property is mandated to be
administered by the Library Board, under the direction of Council.
Council may, upon recommendation of the Library Board, establish branches,
deposit stations, traveling libraries, and such other agencies as it may deem
necessary to bring the books within convenient reach of all the residents.