AN ORDINANCE TO ESTABLISH A FREE PUBLIC LIBRARY, TO PROVIDE FOR THE APPOINTMENT, POWERS, AND DUTIES OF A BOARD OF LIBRARY TURSTEES, AND TO PROVIDE PENALTIES FOR VIOLATIONS. Be it enacted by the Council of the City of Central City, Iowa: SECTION 1. Establishment. There is hereby established a free public library for the use of the residents of the City of Central City, Iowa and rural residents of Linn County, Iowa, to be known as the J.C. Clegg Public Library. SECTION 2. Library Trustees. The Mayor, with the approval of the City Council, shall appoint nine (9) persons to constitute a Board of Library Trustees, hereafter referred to as the Board. He or she shall appoint bonafide citizens and residents of the City of Central City, Iowa or rural Linn County over the age of twenty-one (21) years. However, at no time shall more than two members of the Board be non-residents of the City. SECTION 3. Organization of the Board. 1. Terms of office. The originally appointed Trustees shall cast lots at their first meeting to determine their respective terms of office and shall report the results to Council. Three (3) Trustees shall hold office for two (2) years, three (3) Trustees shall hold office for four (4) years, and three (3) Trustees shall read six (6) years from the first day of July following the date of their appointment. All subsequent appointments shall be for six (6) years, except to fill vacancies. 2. Vacancies. The position of any Trustee shall be vacant if he or she moves permanently from the City of Central City, Iowa, of if he or she is absent without due explanation from six (6) consecutive regular meetings of the Board, except in case of sickness, or if he or she is removed for cause by the Mayor with approval of the Council. The Board may nominate for consideration by the Mayor nominees for appointment to fill any vacancy by appointment of a new Trustee to fill the unexpired term. The Mayor, with the approval of the Council, is not bound to appoint a nominee of the Board, but may appoint his own nominee. 3. Quorum and voting. All action by the Board shall require a majority vote of the whole number of members appointed to the Board. The removal of a Librarian, assistant or employee, however, shall require two-thirds (2/3) vote of the Board as provided in Section 4.5 of this Ordinance. SECTION 4. Powers and Duties. The Board shall have an exercise the following powers and duties: 1. To meet and elect from its members a President, Vice-President, a Secretary and such other officers as it deems necessary. The City Clerk shall serve as Board Treasurer, but shall not be a member of the Board. 2. To have charge, control and supervision of the Library, its appurtenances, fixtures and rooms. 3. To direct and control all of the affairs of the Library. 4. To employ a Librarian, assistants, and other employees necessary for the proper management of the Library, and to fix their salaries. 5. To remove by a two-thirds (2/3) vote of the Board, the Librarian, assistants, or employees for misdemeanor, incompetency or inattention to duty, subject to the provisions of Chapter 70 Code of Iowa. 6. To select and purchase all items considered necessary for the operation of the Library within the budgetary limits set by the City Council. 7. To authorize the use of the Library by non-residents of Linn County and to fix charges for this privilege. 8. To make and adopt, amend, modify or repeal By-Laws, rules and regulations for the care, use, government and management of the Library and the business of the Board, and to fix and enforce penalties for violations. Copies of such By-Laws, rules and regulations shall be posted in the Library where they can be seen by the public. 9. To control exclusively the expenditure of all portions of the municipal enterprise fund allocated for the Library purposes by the Council, and of all the money available by gift or otherwise for the erection of Library buildings, and of all other money belonging to the Library fund, including fines and rentals collected under the rules of the Board. 10. To make and send to the Council, on or before the first day of January in each year, an estimate of the amount necessary for the improvement, operation, and maintenance of the Library for the coming year, the amounts expended for like purposes for the two preceding years, and the amount of income expected for the next fiscal year from sources other than taxation. 11. To accept gifts, in the name of the Library, of real property, personal property, or mixed property, and devises and bequests including trust funds, to execute deeds and bills of sale for the conveyance of such property, and to expend the funds received from such gifts for the improvement of the library. 12. To enforce the performance of conditions on gifts, donations, devises, and bequests accepted by the City of Central City, by action against the Council. 13. To keep a record of its proceedings. SECTION 5. Gifts to the City. All gifts, donations, devises, and bequests that may be made to the City explicitly and solely for the purpose of establishing, increasing, or improving the Library shall be administered by the Board. SECTION 6. Power to Contract for the Use of the Library. 1. The Board may contract with any other Town, City, School Corporation, Township, County, or with the Trustees of a County Library district for the use of the Library by their respective residents. Such a contract between the Board and a County shall supersede all contracts between the Board and Townships or School Corporations outside of cities or towns in that County. All contracts levied by the other City, Town, School Corporation, Township, County or County Library district. 2. Termination. Such a contract may be terminated at any time by mutual consent of the contracting parties. Such a termination proposition shall be submitted to the electors by the governing body of a contracting party on a written petition of not less than five (5) percent in number of the electors who voted for Governor in the territory of the party at the last general election. The petition must be presented to the governing body not less than forty (40) days before the election. The proposition may be submitted at any election provided by law that is held in the territory of the party who is seeking to terminate the contract. SECTION 7. Non-resident Use of the Library. The Board may authorize, the use of the Library by non-residents of the City in any one or more of the following ways: 1. By lending library books to the non-residents on the same conditions as to residents of the City of Central City, Iowa. 2. By establishing depositories of library books to be loaned to non-residents. 3. By establishing a traveling library so that books may be loaned to non- residents. 4. By establishing branch libraries for lending books to non-residents. SECTION 8. Annual Report. The Board shall make a report to the City Council immediately after the close of the municipal fiscal year. This report shall contain statements of the condition of the Library, the number of books added, the number circulated, the number lost or not returned, the amount of fines collected, the amount of money expended for maintenance of the Library during the year, and further information required by the Council. SECTION 10. Recovery of Library Books. If any book or other property of the Library is retained by any person beyond the period provided by the rules and regulations of the Board and is not returned upon request of the Librarian, the Mayor, upon written request of the Board, may issue an order to the Linn County Sheriff’s Department to obtain the book or other property and to collect any fine set by the Board for such retention or for damage to the book or property. This order shall be sufficient authority for the Linn County Sheriff’s Department to take lawful possession of the book or the property, collect the fine, and return the book or property and the fine to the Librarian. SECTION 11. Injury to Library Property. Any person who willfully, maliciously or wantonly tears, defaces, mutilates, injures, or destroys, in whole or in part, any newspaper, periodical, book, map, chart, picture, or other property belonging to the Library shall be deemed guilty of a misdemeanor and shall be fined not more than One Hundred Dollars ($100.00) or imprisoned for not more than thirty (30) days.
