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HomeMy WebLinkAboutOrd 74-1659ORDINANCE NO. 74-1659 AN ORDINANCE PROVIDING FOR THE REGULATION, MANAGEMENT, AND SUPER- VISION OF THE UNGER MEMORIAL LIBRARY; PROVIDING FOR A "LIBRARY ADVISORY COMMITTEE"; PRESCRIBING THEIR DUTIES AND FUNCTION IN THE REGULATION, MANAGEMENT AND SUPERVISION OF THE UNGER MEMORIAL LIBRARY; AND PROVIDING FOR THEIR APPOINTMENT, TERMS OF OFFICE AND DUTIES AND RESPONSIBILITIES; AND REPEALING ORDINANCE NO. 74-1569. WHEREAS, Mrs. Minnette K. Unger did by gift to the City of Plainview cause to be conveyed to the City of Plainview all that certain tract or parcel of land lying and being situated'?in the Town of Plainview, in Hale County, Texas, and described as follows: Ail of Lot No. 1, and the North ½ of Lot No. 2, in Block No. 42, Original Town of Plainview, in Hale County, Texas; and did by gift to the City of Plainview provide for the construction and erection of the original principal library building; and WHEREAS, it is provided in the deed to the above described property as follows: "This property is being paid for by Mrs. Minnette K. Unger for the purpose of furnishing a site for a public library which shall be known as The Unger Memorial Library. As a condition for the advancement of the purchase price by Mrs. Minnette K. Unger, acting herein by and through the Unger Memorial Library Trust, the Grantee herein agrees that said property shall forever be used for the benefit of a public library to be owned, operated and supervised by the City of Plainview, and will be known as The Unger Memorial Library. That said agreement on the part of the City of Plainview, Grantee herein, shall constitute a condition, covenant and limitation running with the land and any attempt by the Grantee or its successors or assigns to use said pro- perty for any other purpose, or the use of said property by the Grantee herein or its successors or assigns for any other purpose may be enjoined and restrained by Mrs. Minnette K. Unger, her heirs or assigns, and that this right to enjoin as herein provided and the limitation placed hereon on said land shall be a covenant running with the land, which restric- tion and covenant is one of the considerations enuring to Mrs. Minnette K. Unger, her heirs and assigns, for .the advance- ment of the purchase price for the land herein conveyed"; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The building which is a library building erected on the site hereinabove described designated and marked with a plaque and letters as The Unger Memorial Library, the same being a gift from Mrs. Minnette K. Unger, shall perpetually be known and designated as "The Unger Memorial Library" and is hereby dedicated for the uses and purposes for which the same was given to the City of Plainview by Mrs. Minnette K. Unger, and the said site and building shall perpetually be used for the purposes for which same was given the City of Plainview, as hereinabove pro- vided in the conveyance, a portion of which is quoted above. SECTION 2: There is hereby created The Unger Memorial Library Advisory Committee, which shall be composed of five per- sons recommended by the Mayor and approved by the City Council for staggering four year terms. The city Librarian shall be an ex officio, non-voting member of the Unger Memorial Library Advisory Committee. The librarian shall be excused from those discussions concerning the salary or term of employment of that position. SECTION 3: The Unger Memorial Library Advisory Committee shall from its appointed members, elect a President and a Vice President. SECTION 4: Members of The Unger Memorial Library Advisory Committee shall .hold their office for a term of four (4) years, except that two (2) of the five (5) members appointed during the year 1974 shall hold office for two (2) years and the other three (3) members shall hold office for terms of four (4) years, the term of each to be determined by lot and thereafter their successors shall hold office for four (4) years and until their successors are appointed. Should any member of The Unger Memorial Library Advisory Committee move out of the city limits of the City of Plainview permanently and cease to be a resident of the City of Plainview, his office shall automatically become vacant and shall be filled in the manner above provided. SECTION 5: Upon the death, resignation, removal or expira- tion of the term of office of any member of the Library Advisory Committee, such vacancy shall therefore be filled in the same manner by recommendation of the Mayor and approval of the City Council as is provided for the appointment of members to the Committee and as provided in Section 4 of this Ordinance, supra. In the event the best interests of the City require the removal of any member of the Committee, the removal shall be effected by -2- appointment of a successor by unanimous vote of the City Council of the City of Plainview. The City Manager shall be an ex- officio member of the Library Advisory Committee, without voting privileges, and shall act in an advisory capacity to the Committee or his appointed representative. SECTION 6: The duties of The Unger Memorial Library Advisory Committee shall be those as prescribed below, together with the fut~h~r duty of making recommendations to the City Council concerning each of their duties as herein by this ordinance prescribed for The Unger Memorial Library Advisory Committee. SECTION 7: The Unger Memorial Library Advisory Committee shall advise with the City Council concerning the preparation of a budget for The Unger Memorial Library for each year. These recommendations shall be submitted to the City Manager of the City of Plainview on or before the 1st day of June of each year. This budget so recommended by The Unger Memorial Library Advisory Committee shall be for the next succeeding fiscal year beginning October 1st and ending September 30th. All expenditures made by The Unger Memorial Library shall be made within the budget finally adopted by the City Council of the City of Plainview for the operation of The Unger Memorial Library and the total expenditures to be made for the operation of said Library in any fiscal year shall be determined by the budget so approved and adopted by the City Council as hereinabove provided. The Unger Memorial Library Advisory Committee shall encourage the development of the public library. It shall, subject to the review and approval of the City Council, establish policies and programs for the library. The Committee shall cooperate with all other public and private groups in advancing the best interests of the public library. It shall render to the City Council all recommendations it considers advisable regarding the library. The Unger Memorial Library Advisory Committee shall recommend to the City Council a Librarian or Assistant Librarian whenever one is needed, together with a recommended salary for each such employee. Ail paid personnel of The Unger Memorial Library shall be City employees and shall be entitled to all benefits and policies of Social Security, retirement, vacation and other benefits and policies in accordance with the Ordinances and regulations and policies of the City of Plainview pertaining to its employees~. The Unger Memorial Library Advisory Committee shall have the authority to make contracts with any other subdivision of the State of Texas, such as any other municipality, or county, for the use of said Library by members of the public residing outSide of the City -3- Plainview and shall be authorized to accept payments and emoluments in consideration thereof; except, however, that no said contract shall be in derogation of the purposes of The Unger Memorial Library as designated by Mrs. Minnette K. Unger in the deed and instrument by which the site of said Library was acquired and which is quoted above. Neither shall it have the authority to enter into any such contract which is in violation of any existing City Ordinance or statute of the State of Texas or law of the United States. The Unger Memorial Library Advisory ~commi%tee shall have the authority to fix minimum fees for regulatory purposes concerning said Library, but none of which shall be such as to be in derogation of the purposes of said Library which is that of a public library as provided as the purpose of same in the gift from Mrs. Minnette K. Unger. Any fees or other donations or emoluments from any contracts entered into with other municipalities or counties, or donations from organizations to said Library, shall be, by the President of The Unger Memorial Library Advisory Committee, deposited with the City Clerk of the City of Plainview. All of such funds shall be, by the said City Clerk, placed in a separate fund to be known as The Unger Memorial Library Fund, and such funds shall not be used by the City of Plainview for any purpose except for the operation and maintenance of the Library and for the purchase of equipment, supplies, books or any other items that may be needed or useful in the operation and maintenance of The Unger Memorial Library. All expenses of the operation and maintenance of said Library, within the budget for same or which may be designated as an emergency by the City Council, shall, subject to the approval of the City Council, be paid by check drawn by the City Clerk of the City of Plainview, either on the City's general funds, or on The Unger Memorial Library fund or other appropriate fund. An audit of all receipts and expen- ditures made in any way in connection with the operation of The Unger Memorial Library shall be made for each fiscal year of the City of Plainview, and a copy of same shall be furnished to The Unger Memorial Library Advisory Committee and to the City of Plainview, Texas. SECTION 8: It is hereby declared that this Ordinance is passed for the purpose of enumerating the manner and method of operation of The Unger Memorial Library, and for the purpose of establishing an orderly procedure in regard to its operation, and for the purpose of continuing~ as near as practical, the operation of same along me~hods and lines that it has heretofore been operated. SECTION 9: Nothing in this Ordinance shall be construed as a delegation of the duties and responsibilities of the City Council nor a delegation of its power and authority to make such Ordinances, regulations or rules as it may see fit to do in the future concerning the operation of The Unger Memorial Library as one of the functions and duties of the City government of the City of Plainview. -4- SECTION 10: The Unger Memorial Library Advisory Committee shall make such rules and regulations as it may deem advisable concerning its parliamentary procedure and the duties of the Librarian and other employees of The Unger Memorial Library, and the active management and supervision of said Library shall be in accordance with the regulations and rules as may be made by The Unger Memorial Library Advisory Committee, all of which rules and regulations shall be subject to the approval of the City Council of the City of Plainview. SECTION ll: Ordinance No~ 74-156.9 of the City of Plainview is hereby repealed. 1974 PASSED AND APPROVED, this 22nd day of __Q_~Lt~A~_, A. D., / / ATTEST: M. L~ ~R~A, City Clerk