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Home My WebLink About2009-06-09; City Council; CS-036; Duties of the Library Board of Trustees...EXHIBIT # 1 1 ORDINANCE NO. CS-036 2 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2 OF THE MUNICIPAL 3 CODE TO UPDATE THE DUTIES AND RESPONSIBILITIES OF THE LIBRARY BOARD OF 4 TRUSTEES AND AMENDING TITLE 3 TO INCLUDE A , CLARIFYING REFERENCE AND REPEALING CARLSBAD MUNICIPAL CODE SECTION 3.24.010 6 The City Council of the City of Carlsbad, California hereby ordains as follows: 7 SECTION 1: That Title 2 of the Carlsbad Municipal Code is amended to read as 8 follows:9 Chapter 2.16 n BOARD OF LIBRARY TRUSTEES 12 Sections: 13 2.16.005 Created 2.16.010 Membership-Appointment-Terms 14 2.16.025 Monthly meetings 2.16.030 Special meetings 2.16.035 Quorum ]() 2.16.040 President 2.16.045 Record of proceedings 17 2.16.050 Rules, regulations and bylaws 2.16.055 Administration of trusts-Receipt, holding and disposal of property 18 2.16.060 Recommendations to city council 2.16.070 Purchase of real property-Erection or rental and equipment of 19 buildings or rooms 2.16.075 State publications 2.16.080 Borrowing library materials 21 2.16.085 Incidental powers of board 2.16.090 Annual report 22 2.16.095 Safety, preservation and application of funds not payable into library trust fund 23 2.16.105 Free use of library by residents and nonresident taxpayers- Exclusions 24 2.16.110 Contracts for lending books with neighboring municipalities or county-Compensation 25 2.16.115 Title to property 26 27 28 1 2.16.005 Created The board of library trustees is created to advise the city library. (Ord. NS-169 § 7 (part), 2 1991) 3 2.16.010 Membership-Appointment-Terms 4 The board of library trustees shall consist of five members, appointed by the mayor with the approval of the city council. The trustee shall serve a four-year term. Trustees may 5 serve no more than two complete terms. If a vacancy occurs as a result of a trustee leaving the board before the end of his or her term, the successor shall serve for the 6 remaining term of his or her predecessor. (Ord. NS-176§7(part), 1991) 7 2.16.025 Monthly meetings 8 Boards of library trustees shall meet at least once a month at such times and places as they may fix by resolution. (Ord. 1072 § 6) 1() 2.16.030 Special meetings Special meetings may be called at any time by three trustees, by written notice served 11 upon each member at least twenty-four hours before the time specified for the proposed meeting. (Ord. 1072 §7) 12 2.16.035 Quorum 13 A majority of the board shall constitute a quorum for the transaction of business. (Ord. 14 1072 §8) 15 2.16.040 President The board shall appoint one of its members president, who shall serve for one year and 16 until his/her successor is appointed, and in his/her absence, shall select a president pro tempore. The president shall serve as chair of the board and in his/her absence, the 17 president pro tempore shall serve as vice-chair of the board. (Ord. 1072 § 9) 18 2.16.045 Record of proceedings The board of library trustees shall cause a proper record of its proceedings to be kept. 19 (Ord. 1072 §10) 20 2.16.050 Rules, regulations and bylaws 21 The board of library trustees may make and enforce all rules, regulations and bylaws necessary for the administration of the board of library trustees and all property 22 belonging thereto. (Ord. 1072 § 11) 23 2.16.055 Administration of trusts-Receipt, holding and disposal of property Subject to city council approval, the board of library trustees may administer any trust declared or created for the benefit of the library, and receive by gift, devise, or bequest 25 and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the library. (Ord. 1072 26 § 12) 27 28 * 1 2.16.060 Recommendations to city council The board of library trustees may make recommendations to the city council and advise 2 the city council in matters pertaining to the following: (1) The duties and powers of the librarian and other library employees; 3 (2) The number of employees; 4 (3) The purchase of equipment, real estate and buildings; (4) The advisability and desirability of facilities of the county-free library; 5 (5) The amounts of moneys required to operate the library; (6) Rules and regulations necessary for the administration of the library. (Ord. 1072 § 6 13) 7 2.16.070 Purchase of real property-Erection or rental and equipment of buildings or rooms 8 Subject to city council approval, the board of library trustees shall have the authority to 9 purchase real property, and erect or rent and equip, such buildings or rooms as may be necessary, providing they have sufficient funds in the "library trust fund" provided for in 10 Section 3.24.020. (Ord. 1072 § 15) 11 2.16.075 State publications The board of library trustees may request the appropriate state officials to furnish the 12 library with copies of any and all reports, laws and other publications of the state not otherwise disposed of by law. (Ord. 1072 § 16) 2.16.080 Borrowing library materials The board of library trustees shall authorize the library director to borrow library 15 materials from, lend library materials to, and exchange library materials with other libraries, and may allow residents and nonresidents to borrow library materials upon 16 such condition as the board may prescribe. (Ord. 1072 § 17) 17 2.16.085 Incidental powers of board The board of library trustees may do and perform any and all other acts and things 18 necessary or proper to carry out the provisions of this chapter. (Ord. 1072 § 18) 19 2.16.090 Annual report 2Q The board of library trustees, or if there is no board of trustees, then the library director shall, on or before September 30, in each year, report to the legislative body of the 21 municipality and to the state librarian on the condition of the library, for the year ending the thirtieth day of June preceding. The reports shall, in addition to other matters 22 deemed expedient by the board of trustees or library director, contain such statistical and other information as is deemed desirable by the state librarian. For this purpose, 23 the state librarian may send to the several boards of trustees or library director instructions or question blanks so as to obtain the material for a comparative study of 24 library conditions in the state. (Ord. 1072 § 19) 25 26 27 28 1 2.16.095 Safety, preservation and application of funds not payable into library trust fund 2 If payment into the library trust fund or other fund is inconsistent with the conditions or terms of any gift, devise or bequest, the board of library trustees shall provide for the 3 safety and preservation of the funds/and the application thereof to the use of the library 4 in accordance with the terms and conditions of the gift, devise or bequest. (Ord. 1072 § 22) 5 2.16.105 Free use of library by residents and nonresident taxpayers-Exclusions 6 Every city library established pursuant to this chapter shall be forever free to the residents and nonresident taxpayers of the municipality, subject always to such rules 7 and regulations as may be made by the board of library trustees. Any person who violates any rule or regulation may be fined or excluded from the privileges of the 8 library. (Ord. 1072 §24) 9 2.16.110 Contracts for lending books with neighboring municipalities or county- 10 Compensation The board of library trustees and the legislative body of any neighboring municipality or 11 the board of supervisors of the county in which the public library is situated, may contract for lending the books of the library to residents of the county or neighboring 12 municipality, upon a reasonable compensation to be paid by the county or neighboring municipality. (Ord. 1072 § 25) 2.16.115 Title to property The title to all property acquired for the purposes of the library, when not inconsistent 15 with the terms of its acquisition, or otherwise designated, vests in the municipality in which the library is situated, and in the name of the municipal corporation may be sued 16 for and defended by action at law or otherwise. The city council may authorize title to any property acquired for the purposes of the library to be vested in the board of library 17 trustees. (Ord. 1076 § 1; Ord. 1072 § 26) 18 SECTION 2: That Title 2, Chapter 3.24 of the Carlsbad Municipal Code is amended by 19 repealing Section 3.24.010. 20 SECTION 3: That Title 2, Chapter 3.24 of the Carlsbad Municipal Code is amended to read as follows:21 Chapter 3.24 Library Trust Fund 22 3.24.020 Trust fund 23 3.24.020 Trust fund. 24 The revenue derived from all money acquired by gift, devise, bequest and moneys transferred to such fund by the city council, but specifically excepting money derived 25 from the city tax levy, other than funds transferred by the city council to the library trust 26 fund for the purpose of the library, shall be apportioned to a fund to be designated the "library trust fund," and shall be applied for the purpose authorized in chapter 2.16. (Ord. 27 1072 §21) 28 f/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cause it to be published at least once in a general circulation newspaper in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 2- day of June. 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9^ day of June. 2009 by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None; ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONATD R. BALL, City Attorney ATTEST: