AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS, AMENDING CHAPTER 1, GENERAL PROVISIONS OF THE BASTROP CITY CODE OF ORDINANCES, TO ADD ARTICLE 1.1900, CITY LIBRARY BOARD, AND ARTICLE 1.2000, LIBRARY DIRECTOR, PROVIDING A SEVERABILITY CLAUSE, REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in order to enhance the health, well-being and generally welfare of the Citizens of Bastrop, the City Council has determined that it is necessary to amend the current City Code of Ordinances to create a City Library Board, to be known as the Bastrop Public Library Board, and to create the position of Library Director;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
Part 1: That Chapter 1, of the Bastrop Code of Ordinances, City of Bastrop, Texas, "General Provisions," is hereby amended to add Articles 1.1900 and 1.2000 to the Code of Ordinances of the City of Bastrop, Texas, to be read as follows:
ARTICLE 1.1900 CITY LIBRARY BOARD
Sec. 1.1901 Library Board Created
There is hereby created a public library board to be known as the Bastrop Public Library Board.
Sec. 1.1902 Membership of the Board
The Board shall consist of nine members, appointed in accordance with the City Charter, at least eight of whom shall be citizens of the City of Bastrop, and one member who may be a resident of Bastrop County who resides within the Bastrop Independent School District, to serve without compensation for a term of three years. Board terms will run from June 1 through May 31. Terms will be staggered with three board positions expiring per year. Library Board members will recruit new and replacement members and make recommendations to the City Council.
Sec. 1.1903 Powers and Duties of the Board
- The members of the Library Board shall serve in an advisory capacity only,shall represent the people of the library area, and shall make recommendations to the City Council and to the staff for the supervision, management and operation of such library, and shall carry out the directives and policies established by the City Council.
- The Library Board shall act in such capacity as to allow the public the means to appeal or challenge any library rules, policies, fines or acquisitions made to the books, magazines, pamphlets, and other types of material that make up the library collection.
- The Library Board shall be authorized to accept donations, gifts, and bequests from individuals, firms, or companies, other than library related materials, for the general use of the library system. Monetary contributions shall be deposited to the City in a separate general fund Library Board account in accordance with established City policies and procedures, and shall be subject to regular City audit and budgetary procedures. All donations made to the library are limited to expenditures made by and for
the library in accordance with City Purchasing policies and restrictions.
- The Library Board shall render, by the Library Director to the City Council,through the City Manager, monthly attendance, minutes, reports, recommendations, and budgetary items for capital improvements and resolutions of the Library Board.
Sec. 1.1904 Charter Bylaws
The Library Board is authorized to establish its own Charter and Bylaws, and shall provide for the regular and special meetings and procedures necessary to carry out its business. Such Charter and Bylaws shall be reviewed and approved by the City Council at a minimum of every three (3) years, or whenever the Board amends same.
Sec. 1.1905 Incurring Expenses
The Library Board shall not be authorized to incur, on behalf of the city, any expenses incident to the operation of the library.
ARTICLE 1.2000 LIBRARY DIRECTOR
Sec. 1.2001 Office Created
There is hereby created the office of Library Director, who shall be employed by the City Manager, and who shall be a person with a master's degree in library and information science, or its equivalent, from an ALA accredited school.
Sec. 1.2002 Powers and Duties
The Library Director shall have power and responsibility to:
(a) Prepare for adoption, with the concurrence of the Bastrop Public Library Board, all policies, rules and regulations deemed necessary for the administration, governance, and protection of the library and all other library property, and to enforce all such policies, rules and regulations.
(b) Cause to Purchase, through the Finance Department of the City, in the manner provided by the Charter and Ordinances of the City, all books, journals, publications, audio-visual materials and other library materials in a myriad of formats. In addition, the Library Director shall purchase other necessary personal property, including but not limited to computers, furniture, appliances, and supplies for the operations of the public library.
(c) Render to the City Council and the City Manger monthly reports of the library's operations, together with recommendations of action for the benefit of the City's public library system.
(d) Prepare and submit to the City Manager, with input from the Library Board, a proposed annual budget for the Bastrop Public Library for the ensuing fiscal year.
(e) Prepare and submit to the City Manager, with input from the Library Board, a proposed annual budget for the Bastrop Public Library Board for the ensuing fiscal year.
(f) Render, as Library Director, through the City Manager, to the City Council, all reports from the Library Board.
(g) Prepare and submit reports, at the request of the City Manager.
Sec. 1.2003 Personnel
(a) The employment of personnel of the library shall be made by the Library Director, subject to approval by the City Manager and in accordance with the City Charter, and such personnel shall be subject to the personnel policies of the City.
(b) The exception to the above shall be the employment and supervision of theLibrary Director, which will be made by the City Manager, with advice from the Library Board and in accordance with the City Charter, and such person shall be subject to the Personnel policies of the City.
Part 3: If any section or part of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, that holding shall not .invalidate or impair the validity, force or effect of any other section or part of this Ordinance or Code of Ordinances, City of Bastrop, Texas.
Part 4: This Ordinance supersedes and repeals all Ordinances or parts of Ordinances, if any, in conflict herewith; however, such present Ordinances shall remain in full force and effect until the effective date of this Ordinance.
Part 5: This Ordinance shall take effect upon the date of final passage noted below, or when all applicable publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of State of Texas.
READ and Acknowledged on First Reading on the 12th the day of February 2008.
READ and Adopted on Second Reading on the 26th day of February 2008.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED AS TO FORM:
Jo-Christy Brown
Law Offices of J.C. Brown, P.C.
City Attorney
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