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Ordinance - 1989 - 150 - Library Maintenance Fees - 02/14/1989ORDINANCE NO. 150 AN ORDINANCE AMENDING ORDINANCE NO. 25 OF THE CITY OF EAGLE TO AUTHORIZE THE EAGLE LIBRARY BOARD TO SET THE LIBRARY MAINTENANCE LICENSE FEE SUBJECT TO THE APPROVAL OF THE CITY COUNCIL AND TO WAIVE SUCH FEE UPON A SHOWING OF ECONOMIC NEED; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO,:that: Section 1: Ordinance No. 25 of the City of Eagle is hereby amended to read as follows: CREATED: There is hereby created and established a board of trustees to be known as the "Eagle Library Board" (Board) , to consist of five (5) members, as-it.-aeatei--ef hibrary--1Prttwhor--ers----txmmmr—empeive, shall be appointed by the Council---,Ae4- h -erg-effiee-expires; meter°r-el- -Bearel-shaii- po-i-:reed for a term of five (5) years. All vacancies on the Board shall be gid -by appointed by the Council, which appointments shall be for the resIdee-ef Lite -'benne -eater balance of a term only, if made before the term expires. Said Board of Trustees shall elect from their members a president who shall serve for a term of one (1) year and until his or her successor is elected, and shall adopt such rules for the transaction of business as may be necessary. SALARY: All members of the Library Board and the officers thereof shall serve without salary or any compensa- tion whatsoever. POWERS AND DUTIES: It shall be the duty of said Board of Trustees of the Library to have and they shall have control of the expenditure of all moneys collected for the Library Fund, subject to the approval of the Council, and such moneys shall be drawn from the City Treasury upon vouchers properly authenticated by the Board of Library Trustees, with the approval of the Council, said Board of Trustees shall have the supervision, care and custody of the room or building constructed, leased or set apart for library purposes, and they may, with the approval of the Council, lease and occupy or purchase or erect on purchased ground any appropriate building; provided that not more than one-half (i) of the income in any one year can be set apart in said year for such purchase or building. Said Board of Trustees may appoint a librarian and such assistants and employees as Page 1 may be necessary for the proper maintenance of such library, and may fix their salaries and prescribe rules for their conduct. Said Board shall make and adopt such by-laws, rules and regulations for their own guidance and for the government of the library and reading room as may be expedient, subject to the approval of the City Council. SUPERVISION: The Board shall take charge of the public library and reading rooms, and the branches thereof, and of all real and personal property thereunto belonging, or what may be acquired by loan, purchase, gift, devise or otherwise, when not inconsistent with the terms and conditions of the gift, devise or bequest. S ri-e&-gtrtb.e-ibrarp-a tel -rear #ng-reenea-are-rrob-eibttabed-ta three btbrary-bttrk&irrg,--leeabe&-err Sbabe-Sbreetr ] ag-Cityr-Ham art& -akar be-olceigi a -arra ]trrew -ae-" agke-Pmbkie-bibraryru ADDITIONAL POWERS: The Board, by a majority vote of all its members to be recorded in its minutes with ayes and nays, shall have power: 1. To elect a librarian and such assistants as may be necessary. 2. To make and enforce all rules, regulations and by- laws necessary for the administering, government and protection of the library and reading rooms and branches thereof, and all property belonging thereto, or that may be loaned thereto. 3. To administer any trust declared or created for such library and reading rooms and branches thereof, and provide memorial tablets and niches to perpetuate the memory of those persons who may make valuable donations thereto. 4. To define the powers and prescribe the duties of all officers and assistants, for good and sufficient cause remove any officer or assistant. 5. To purchase books, journals, publications and other personal property. MEETINGS OF THE BOARD: purposes at least once a month, may appoint, in a place to be majority of the Board shall transaction of business. It shall meet for business and at such other times as it provided for the purpose. A constitute a quorum for the LIBRARY FUND: There is hereby created in the City treasury a fund to be know as the "Library Fund" and the Page 2 Council shall include in its annual budget an appropriation for such fund. All vouchers paid out of said fund shall be drawn upon the recommendation of the Board of Trustees of the Library, with the approval of the Council, and shall be for the uses and purposes authorized by law. LIBRARY FUND; APPLICATIONS: The Library Fund, including all moneys or property derived by gift, devise, bequest or otherwise, for the purposes of the Library, shall be applied to the purposes herein authorized. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise, or bequest, the Board shall provide for the safety and preservation of the same and the applica- tion thereof to the use of the Library and reading rooms, in accordance with the terms and conditions of such gift, devise or bequest. REAL ESTATE TO VEST IN CITY: The title of all property, real and personal, now owned or hereafter acquired by purchase, gift, devise, bequest, or otherwise, for the purpose of the Library and reading rooms, when not inconsistent with the terms of its acquisition, shall vest in Eagle City, and in the name of Eagle City may be sued.for and defended by action at law or otherwise. DEFACING LIBRARY PROPERTY: No person shall wilfully or intentionally cut, tear, deface, break, injure or destroy any book, map, chart, picture, engraving, newspaper, magazine, pamphlet, manuscript or other property belonging to the Eagle Public Library or any branch thereof. UNLAWFUL RETAINING OF LIBRARY PROPERTY: No person shall retain any book, newspaper, magazine, pamphlet, manuscript or other property belonging to the Eagle Public Library, or any branch thereof, for more than three (3) days after notice in writing to return the same. Giving notice shall be deemed sufficient if given in person or if mailed to the address of such person as shown by the library records. Service by mail is complete at time of mailing. PENALTY: Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and shall upon conviction thereof in the court of Ada County, Idaho, be fined in any sum not exceeding the sum of one hundred dollars ($100.00). LIBRARY BORROWER'S CARDS: A Person must possess a Library Borrower's Card to borrow books from the Library. Library Borrower's cards issued to residents shall be valid for three (3) years, and Library Borrower's Cards issued to non-residents of Eagle City shall be valid or for one (1) year, from the month of issuance. Cards now outstanding Page 3 shall be valid until the expiration date tree now provided for such card or cards. BORROWERS OUTSIDE CITY; AND FEE: (A) No person who resides outside the corporate limits of Eagle City, regardless of post office or mailing address, shall be issued a Library Borrower's Card, or a renewal thereof, except upon the payment of an annual maintenance license fee by such person or a member of such person's household, e* -five -defilers f$5 -e9} which fee shall be set by the Board, subiect to the approval the City Council; provided, however, if any person, or a spouse thereof or a parent pays ad valorem taxes on real and/or personal property situated within Eagle City, such person or spouse thereof or a parent shall be deemed a resident library borrower; arra- rreN4Aed ft:rtlter,--4tentevetr-,--thet--tine-43ounc Ar-Tesetves--the right- o--waive--w h --e ^- } ei - 3.-ikatAorr;--the feregeing-1 eei e-fee-fer-a-bibrarr-E .:r' -Bard irepesed-ttpen-pereene-reeitling-elertei-ele-the-eerrererte 1-k rkte-ef-Etzg4e- Oi4 y The Board may waive the fore- going license fee upon a showing of economic hardship by the person applying for a Library Borrower's Card. (B) The Library Borrower's Card issued upon payment of the annual license fee eka3 --eone imAms 'may be either an individual or a family card. Such card shall be issued in the name of the individual, or if for a family, shall be issued in the name of the husband or wife, or both, and shall list the names of and be valid as to the children of such husband and wife. Section 2: This Ordinance shall take effect and be in force from and after its passage, approval, and publication. DATED this 14th day of February, 1989. CITY OF EAGLE ATTEST: City Clerk Page 4 By Mayor