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Article 2 - Library Board

Article 2 – Library Board

SECTION 2-201:  LIBRARY; OPERATION AND FUNDING

SECTION 2-202:  MEMBERS; TERMS

SECTION 2-203:  OFFICERS; MEETINGS

SECTION 2-204:  POWERS AND DUTIES

SECTION 2-205:  ANNUAL REPORT TO CITY COUNCIL

Section 2-206:  REAL ESTATE; SALE AND CONVEYANCE

Section 2-207:  GROUNDS AND BUILDING

Section 2-208:  MORTGAGES; RELEASE OR RENEWAL

Section 2-209:  LIBRARY; DONATIONS

SECTION 2-210:  LIBRARY; COST OF USE; VIOLATION OF RULES

Section 2-211:  LIBRARY; DISCRIMINATION PROHIBITED

SECTION 2-212:  LIBRARY; BOOK REMOVAL

SECTION 2-213:  LIBRARY; LOST and DAMAGED MATERIALS

SECTION 2-214:  LIBRARY; sale, exchange, or disposal of books

Section 2-215:  LIBRARY; PENALTIES; RECOVERY; DISPOSITION

 

 

 

 

SECTION 2-201:  LIBRARY; OPERATION AND FUNDING

    A. The city council may levy a tax of not more than $0.105 on each $100.00 upon the taxable value of all the taxable property in the city annually to be levied and collected in like manner as other taxes in the city for support of the library.  The levy shall be subject to Neb. Rev. Stat. §§77-3442 and 77-3443.  The amount collected from such levy shall be known as the library fund and shall also include all gifts, grants, deeds of conveyance, bequests, or other valuable income-producing property and real estate from any source for the purpose of endowing the public library.  All money collected by the library shall be turned over at least monthly by the librarian to the city treasurer along with a report of the sources of the revenue.

 

    B. All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance, or support of the public library shall be kept for the use of the library separate and apart from all other funds of the city, shall be drawn upon and paid out by the city treasurer upon vouchers signed by the president of the Library Board and authenticated by the secretary of the board, and shall not be used or disbursed for any other purpose or in any other manner.  The city may establish a public library sinking fund for major capital expenditures.  (Neb. Rev. Stat. §§51-201, 51-209)

 

SECTION 2-202:  MEMBERS; TERMS

 

    A. The city owns and manages the city library through the Library Board.  The board shall consist of five appointed members who shall be residents of the city.  Each member shall serve a term of five years.  Neither the mayor nor any member of the City Council shall be a member of the Library Board.  The terms of members serving on the effective date of a change in the number of members shall not be shortened, and any successors to such members shall be appointed as the terms of those members expire.  In case of any vacancy by resignation, removal or otherwise, the City Council shall fill the vacancy for the unexpired term.

 

    B. No member shall receive any pay or compensation for any services rendered as a member of the Library Board.  The City Council may require the members of the board to give a bond in a sum as set by resolution of the council and conditioned upon the faithful performance of their duties.

 

    C. The Library Board shall have the authority to appoint a director and all other employees.  The board shall have supervisory authority over all employees of the library, including the director.  (Neb. Rev. Stat. §51-202)

 

SECTION 2-203:  OFFICERS; MEETINGS

 

    The Library Board shall meet at such times as the City Council may designate.  At the time of the first meeting in January of each year, the members shall organize by selecting from their number a chairman, secretary, and treasurer.  No member of the Library Board shall serve in the capacity of both chairman and secretary.  It shall be the duty of the secretary to prepare an agenda for all regular and special meetings, to keep the full and correct minutes and records of all meetings, and to file the same with the city clerk, where they shall be available for public inspection during office hours within ten working days or before the next board meeting, whichever is earlier.  A majority of the board members shall constitute a quorum for the transaction of business.  Special meetings may be held upon the call of the chairman or any three board members.  (Neb. Rev. Stat. §51-204)

 

SECTION 2-204:  POWERS AND DUTIES

         

    A. The Library Board shall have the power to make and adopt such bylaws, rules, and regulations for its own guidance and for the government of the library and reading room as it may deem expedient, not inconsistent with Neb. Rev. Stat. §§51-201 through 51-219.

         

    B. The Library Board shall have exclusive control of expenditures, all money collected or donated to the credit of the library fund, the renting and construction of any library building, and the supervision, care, and custody of the grounds, rooms, or buildings constructed, leased, or set apart for that purpose.

         

    C. The Library Board may erect, lease, or occupy an appropriate building for the use of such a library, appoint a suitable librarian and assistants, fix the compensation of such appointees, and remove such appointees at the pleasure of the board.  The City Council shall approve any personnel administrative or compensation policy or procedure before implementation of such policy or procedure by the Library Board.

         

    D. The Library Board may establish rules and regulations for the government of the library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency.  The board may fix and impose by general rules any penalties and forfeitures for trespasses upon or injury to the library grounds, rooms, books, or other property, for failure to return any book, or for violation of any bylaw, rule, or regulation.  All fees, penal­ties, and forfeitures may be collected in civil action in the event of failure, neglect, or refusal to pay the said assessments.  (Neb. Rev. Stat. §§51-205, 51-207, 51-211)

 

SECTION 2-205:  ANNUAL REPORT TO CITY COUNCIL

 

    The Library Board shall, on or before the second Monday in February each year, make a report to the City Council of the condition of its trust on the last day of the prior fiscal year.  The report shall show all money received and credited or expended; the number of materials held, including books, video and audio materials, software programs, and materials in other formats; the number of periodical subscriptions on record, including newspapers; the number of materials added and the number withdrawn from the collection during the year; the number of materials circulated during the year; and other statistics, information, and suggestions as the Library Board may deem of general interest or as the City Council may require.  The report shall be verified by affidavit of the proper officers of the board.  (Neb. Rev. Stat. §51-213)

 

Section 2-206:  REAL ESTATE; SALE AND CONVEYANCE

 

    A. The Library Board may, by resolution, direct the sale and conveyance of any real estate owned by the board or by the public library which is not used for library purposes or of any real estate so donated or devised to the board or to the library, upon such terms as the board may deem best.

         

    B. Before any such sale is made, the Library Board shall advertise the sale once each week for three consecutive weeks in a legal newspaper published in or of general circulation in the city.  The notice shall set out the time, place, terms, manner of sale, legal description of such real estate, and the right to reject any and all bids.  If the bids have not been rejected, then the real estate shall be sold to the highest bidder for cash and the president of the Library Board, upon resolution of the board directing him or her so to do, shall convey the real estate to the purchaser of such real estate upon payment of said bid.  If within 30 days after the third publication of the notice a remonstrance against the sale is signed by 30% of the registered voters of the city voting at the last regular city election and filed with the City Council, the property shall not then nor within one year thereafter be sold.  If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the 30-day period but the filing shall be considered timely if filed or postmarked on or before the next business day.  (Neb. Rev. Stat. §51-216)

 

Section 2-207:  GROUNDS AND BUILDING

 

    The Library Board may purchase or lease grounds, exercise the power of eminent domain, and condemn real estate for the purpose of securing a site for a library building.  The procedure to condemn property shall be exercised in the manner set forth in Neb. Rev. Stat. §§76-704 through 76-724.  (Neb. Rev. Stat. §51-210)

 

Section 2-208:  MORTGAGES; RELEASE OR RENEWAL

 

The president of the Library Board shall have the power to release, upon full payment, any mortgage constituting a credit to the library fund and standing in the name of the board.  The signature of the president on any such release shall be authenticated by the secretary of the board.  The president and secretary in like manner, upon resolution duly passed and adopted by the board, may renew any such mortgage.  (Neb. Rev. Stat. §51-206)

 

Section 2-209:  LIBRARY; DONATIONS

 

    Any person may make donation of money, lands, or other property for the benefit of the public library.  The title to property so donated may be made to and shall vest in the Library Board and its successors in office, and the board shall thereby become the owners thereof in trust to the uses of the public library.  (Neb. Rev. Stat. §51-215)

 

SECTION 2-210:  LIBRARY; COST OF USE; VIOLATION OF RULES

 

    A. Except as provided in subsection (B) of this section, the library shall be free of charge for the use of the inhabitants of the city, subject always to such reasonable regulations as the Library Board may adopt to render the library of the greatest use to the inhabitants. The board may exclude from the use of the library any person who willfully violates or refuses to comply with rules and regulations established for the government thereof.

         

    B. The public library shall make its basic services available without charge to all residents of the city. The board may fix and impose reasonable fees, not to exceed the library's actual cost, for non-basic services.

         

    C. For the purpose of this section:

 

        1. “Basic services” shall include, but are not limited to, free loan of circulating print and non-print materials from the local collection and general reference and information services.

        

        2. “Non-basic services” shall include but are not limited to the use of:

            

            a.         Photocopying equipment;

            

            b.         Telephones, facsimile equipment, and other telecommunications equipment;

            

            c.         Media equipment;

            

            d.         Personal computers; and

            

            e.         Videocassette recording and playing equipment.  (Neb. Rev. Stat. §§51-201.01, 51-211, 51-212)

 

Section 2-211:  LIBRARY; DISCRIMINATION PROHIBITED

 

    No library service shall be denied to any person because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status.  (Neb. Rev. Stat. §51-211)

 

SECTION 2-212:  LIBRARY; BOOK REMOVAL

 

    It shall be unlawful for any person not authorized by the regu­lations made by the Library Board to take a book from the li­brary without the consent of the librarian or an authorized employee of the library.  Any person removing a book from the library without properly checking it out shall be deemed guilty of an offense.  (Neb. Rev. Stat. §51-211)

 

SECTION 2-213:  LIBRARY; LOST and DAMAGED MATERIALS

 

    Any person who injures or fails to return any item checked out from the library shall forfeit and pay not less than the value of the item in addition to any replacement costs and penalty which the Library Board may assess.  (Neb. Rev. Stat. §51-211)

 

SECTION 2-214:  LIBRARY; sale, exchange, or disposal of books

 

    The Library Board may authorize the sale, exchange, or disposal of any sur­plus, damaged, defective, obsolete, or duplicate books in the li­brary.  Records shall be kept of any such books so disposed of.  (Neb. Rev. Stat. §51-211)

 

Section 2-215:  LIBRARY; PENALTIES; RECOVERY; DISPOSITION

    

    Penalties imposed or accruing by any bylaw or regulation of the Library Board and any court costs and attorney's fees may be recovered in a civil action before any court having jurisdiction, such action to be instituted in the name of the Library Board.  Money collected in such actions, other than any court costs and attorney's fees, shall be placed in the treasury of the city to the credit of the library fund.  Attorney's fees collected pursuant to this section shall be placed in the treasury of the city and credited to the budget of the city attorney's office.  (Neb. Rev. Stat. §51-214)