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HomeMy WebLinkAboutOrdinance #18 ORDINANCE NO. 18. AN ORDINANCE RECITING THE ACCEPTANCE OF A GIFT FROM THE HUNTINGTON BEACH LIBRARY ASSOCIATION, AND PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF A FREE PUBLIC LIBRARY WITHIN THE CITY HUNTINGTON BEACH Whereas, the Huntington Beach, Library Association has donated, dedicated, transferred and given to the City of Huntington Beach about Three Hundred dollars' ($300.00)worth of property suitable for library purposes; and, Whereas, the same has been accepted by the said City of Huntington Beach by a resolution passed the 7th day of June, 1909. Now therefore, the Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. That a specific library, under the provisions of an act of the Legislature of the State of California, entitled, "An act to provide for the Establishment and Maintenance of Public libraries within Municipalities," approved March 23, 1901. is hereby established in and for the said City of Huntington Beach, the inhabitants thereof and the non-resident tax payers of said city, and the same shall be maintained by the levy of taxes upon the taxable property of the City of Huntington Beach herein after mentioned, and said library shall be controlled under the provisions of said library act of 1901, and all amendments, thereto, and the duties of the Board of Library Trustees herein after mentioned shall be the same as those duties specified for such officers in said library act of 1901, and all amendments thereto and the same shall be known as the "Huntington Beach Public Library." Section 2. Such public library shall be managed by a board designated as the Board of Library Trustees of said city, by and with the consent of the Board of Trustees of said city. Such Trustees shall severally hold office for three (3)years, serving with out compensation; provided, that the members of the first board appointed shall so classify themselves by lot that one of their member shall go out of office at the end of the current fiscal year, two at the end of one year, and the other two at the end of two years thereafter. Men and women shall be equally eligible to such appointment, and vacancies shall be filled my appointment for the unexpired term in the same manner. Section 3. The Board of Library Trustees shall meet at least once a month at such times and places as they may fix by resolution. Special meetings may be called at any time by three trustees, by written notices served upon each member at least three hours before the time specified for the proposed ORD. 018 1 meeting. (A majority of the board shall constitute a quorum for the transaction of business. Such boards shall appoint one of their member president, who shall serve for one year and until his successor is appointed, and in his absence shall select a president protempore. Such Board shall cause a proper record of their proceedings to be kept, and at the first meeting of such Board it must immediately, upon organization, cause to be made out and filed with the State Librarian at Sacramento, a certificate showing that such library has been established with the date thereof the named of the trustees and the officers of the Board chosen for the first year. Section 4. The Board of Library Trustees shall have power: First. To make and enforce all rules and regulations and by-laws necessary for the administration, government and protection of the libraries under their management, and all property belonging there to. Second. To administer any trust declared or created for such libraries, and receive by gift, devise, or bequest and hold in trust or otherwise, property situated in the State or elsewhere, and where not otherwise provided, dispose of the same for the benefit of such libraries. Third. To prescribe the duties and powers of the librarian, secretary, and other officers and employees of and such libraries; to determine the number of and appoint all such officers and employes, and fix their compensation, which said officers and employes shall hold their offices or positions at the pleasure of said Board. Fourth. To purchase necessary books,journals, publications and other personal property. Fifth. To purchase such real property, and erect our rent and equip, such building or buildings, room or rooms as may be necessary when in their judgment, a suitable building, or portion thereof, has not been provided by the Board of Trustees of said city for such libraries. Sixth. To require the Secretary of State and other State officials to furnish such laws and other publications of the State not otherwise dispensed by the law. Seventh. To borrow books from, lend books to and exchange the same with other libraries, and to allow non-residents to borrow books upon such conditions as they may prescribe. ORD. 018 2 Eighth. To do and perform any and all other acts and things necessary or proper to carry out the provisions of this act. Section 5. The Board of Library Trustees shall on or before the last day of July in each year, make a report to the Board of Trustees of said city, giving the condition of the library on the thirtieth day of June preceding, together with a statement of their proceedings for the year than ended, and must immediately upon the publications of such report forward a copy thereof to the State library at Sacramento. Section 6. The Board of Trustees of the City of Huntington Beach shall in making the annual tax levy and as a part thereof, if the maintenance of the library has not been otherwise provided for, levy a tax for the purpose of maintaining such library and purchasing property necessary therefore, which tax shall be in addition to other taxes, the levy which is permitted in said city provided that after two (2)years from the establishment of this library such levy of taxes shall not exceed 2 mills on the dollar of assessed valuation. Section 7. The revenues derived from said tax together with all money acquired by fist, devised, bequest or otherwise, for the purpose of the library shall be appointed to a fund to be designated the Library Fund. and be applied to the purposes here in authorized. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise, bequest, the Board of Trustees shall provide for the safety and preservation of the same, and the application thereof to the use of the library, in accordance with the terms and conditions of such gifts, device or bequest. Payments from said fund shall be made in the manner provided for the payment of other demands against the said city; provided, that demands upon said fund shall be presented to the Board of Library Trustees for allowance rather than the Board of Trustees of said city. Section 8. Said public library here by established under said act of the Legislature shall be forever free to the inhabitants and non-resident tax payers of the City of Huntington Beach, subject always to such rules, regulations and by-laws as may be made by the Board of Library Trustees, and provided, that for violations of the same, a person may ne fined or excluded from the privileges of the library. Section 9. The Board of Library Trustees of said public library of the City of Huntington Beach may contract with the legislature bodies of neighboring municipalities or Board of Supervisors of the county in which any public library or libraries are situated, the lending of books of such library to residents of such counties or neighboring municipalities upon a reasonable compensation to be paid by such counties or neighboring municipalities. ORD. 018 3 Section 10. The title to all property acquired for the purpose of said library when not inconsistent which the term of its acquisition, or otherwise designated, shall vest in the city if Huntington Beach in which such library is or is to be situated and in the name of the City if Huntington Beach may be sued for land defended by action at law or otherwise. Section 11. Nothing in this ordinance shall be constructed as being in conflict with any act of the Legislature of the State of California, entitles "An Act to provide for the Establishment and Maintenance of Public libraries within Municipalities," approved March 23, 1901, or any amendment thereto; and all the duties commerated in said act shall devolve upon and be discharged by the officers and employes mentioned in said act, and this ordinance. Section 12. All ordinances and parts or ordinances in conflict here with are hereby repealed. Section 13. The City Clerk shall certify to the passage of this ordinance, and cause the same to be published once in the "Huntington Beach News," a newspaper printed and published in the City of Huntington Beach, and there upon and there after it shall take effect and be in full force. Ed Manning President of the Board of Trustees of the City of Huntington Beach. M. D. Rosenberger M. D. Rosenberger. City Clerk and Ex-officio Clerk of the Board of Trustees. I, M. D. Rosenberger, City Clerk of the City of Huntington Beach, do hereby certify that the foregoing ordinance was passed at a regular meeting of the Board of Trustees of the City of Huntington Beach, held on the 141h day of June 1909, by the following vote. Ayes. Stewart, Howard, Helme, Manning Noes. None. Absent Warner. M. D. Rosenberger M. D. Rosenberger City Clerk of the City of Huntington Beach California. I, M. D. Rosenberger, City Clerk and Ex officio Clerk of the Board of Trustees of the city of Huntington Beach, hereby certify that the foregoing ordinance is a true and correct copy of an ordinance of the City of Huntington Beach Numbered 18 and entitled, ORD. 018 4 "An Ordinance reciting the acceptance of a gift from the Huntington beach Library Association, and provided for the establishment and maintenance of a Free Public Library within the City of Huntington Beach." And that the same has been published in the `Huntington Beach News" a newspaper published and permited in the City of Huntington Beach according to law. Published June 18th 1909 M.D. Rosenberger M.D. Rosenberger City Clerk. ORD. 018 5 phis Ordinance was reproducedfrom a lool lool handwritten original in its exact form to maintain its historicaCtntegrity. This tyyewrtttenformat alCotivs for keyword searching. the lool lool handwritten originaCs can be viewed in the City Cterk 's office on request.