HomeMy WebLinkAboutOrdinance #1992 ORDINANCE NO. 1992
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING SECTIONS 2 . 88 . 110 AND 2 . 88 . 130
PERTAINING TO THE LIBRARY BOARD
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by repealing Sections 2. 88. 110 and 2 . 88 .130 .
SECTION 2 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the
passage of this ordinance and cause same to be published within
fifteen days after adoption in the Huntington Beach News, a
weekly newspaper of general circulation, printed and published
in Huntington Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington. Beach at a regular meeting thereof held on the 7th
day of July, 1975.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk C y Attor
APPROVED AS TO CONTENT:
City Administrator
JG :ahb
i
Ord. No. 1992
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 16th day of June
19 75 , and was again read to said City Council at a regular
meeting thereof held on the 7th day of July 19 75 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Wieder, Bartlett, Matney, Duke, Gibbs
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen, Shipley
i
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City of
Nuntin„ton mach and ,x-officio Clerk of the City
Council, d: h •; y ,r„ ,, , ;"s ^rd rtrce has
been P.,,l ; A,
In d amity.
-- ------al._CIA M. W,EN-'WORTH
City Clerk
Deputy y Clerk
U 1
OFFICE OF THE CITY ATTORNEY (+
Ci Y 61
OPINION NO. 75-21 N
May 30, 1975
SUBJECT: Powers, Responsibilities and Duties
of the Library Board
REQUESTED BY: Dave Wickershan, Chairman,
Library Board. of Trustees
P FPARED BY: Don P. Bonfa, City Attorney
James Georges, Deputy City Attorney
QUESTION: What are the powers , responsibilities
and duties of the Library Board?
ANSWER: The Library Board has those powers and
duties as listed in Section 807 of the
City Charter,
DISCUSSION:
This opinion updates this office 's memorandum Opinion dated
April 7, 1975 to Walter Johnson, Library Director.
The powers and duties of the Library Board are listed in
Section 807 of the City Charter:
"There shall be a Library Board consisting of
five members which shall have the power and duty to:
(a) Make recommendations to the City Council for
the operation and conduct of City libraries .
(b) Recommend to the City Council rules and regu-
lations and by-laws for the administration and protection
of City libraries .
(e) Recommend to the City Council the duties and
qualifications of the librarian and other officers and
employees of the libraries.
(d) Make recommendations concerning the acquisi-
tion of books , journals, reports, maps , publications and
ether personal property.
OFFICE OF THE CITY ATTORNEY May 30, 1975
' Opinion Ao. 75-21 Page 2
(e) P".ake recommendations concerning; the purchase
or lease of real property and the rental or provision
for adequate facilities , buildings or rooms for library
purposes .
(f) Make recommendations concerning the borrowing
of library materials from and lending library materials
to and exchanging; library materials with other libraries
subject to any costs and expenses approved by the City
Council.
(g) Consider the annual budget for library purposes
during, the process of its preparation and make recommeenda-
tions with respect thereto to the City Council and the
City Administrator.
(h) Within sixty days after the close of each fiscal
year, report to the City Council on the condition of the
libraries for the preceding fiscal year and on such other
matters deemed expedient by the Library Board.
( ) Exercise such other functions not inconsistent
with this Charter -as may be prescribed by ordinance."
Note that the Huntington Beach Ordinance Code, Article 514,_
Powers of Library Board, is inconsistent with and conflicts
with City Charter Section 807. Article 514 was adopted by the
City Council in June 1909 and the Huntington Beach City Charter
was adopted and certified on February 10, 1966, therefore, the
City Charter prevails over ordinances inconsistent with the
Charter. Ordinances are subjected to such restrictions and
limitations as may be provided in the Charter. Charter
Section 400. The Library Board may exercise such other
`unctions not inconsistent with the Charter as may be pre-
scribed by ordinance. Charter Section 807(1) .
The Huntington Beach Ordinance Code has been recodified and is
now titled the Huntington Beach Municipal. Code. Those sections
In Article 514 of the old code, which were inconsistent with
the City Charter, have been eliminated from the new code.
D0611 %. BONFA
Cityttorney
d
AMES GEORGES
Deputy City Attorney
DPB:JG:er
c . c. David D. ?lowlands, City Administrator ✓l
Walter Johnson, Library Director