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Ordinance 024-1976 ORDINANCE NO. 24 -1976 AN ORDINANCE PERTAINING TO MONROE COUNTY, FLORIDA, ESTABLISHING A FREE PUBLIC LIBRARY AND FREE LIBRARY SERVICE FOR SAID COUNTY; AUTHORIZING THE BOARD OF COUNTY CO~1ISSIONERS TO OPERATE AND MAIN- TAIN SAID LIBRARY; CREATING A LIBRARY BOARD TO BE COMPOSED OF FIVE (5) MEMBERS APPOINTED BY SAID BOARD OF COUNTY COMMISSIONERS TO ADMINISTER SAID LIBRARY AND LIBRARY SERVICE; PROVIDING TER}1S FOR SAID BOARD MEMBERS AND THEIR SUCCESSORS; PROVIDING FOR ELECTION OF OFFICERS FOR SAID LIBRARY BOARD; AUTHORIZING SAID LIBRARY BOARD TO ESTABLISH RULES AND REGULATIONS FOR ITS OPEP~TION; AUTHORIZING SAID BOARD TO EMPLOY THE NECESSARY PERSONNEL TO OPERATE SAID LIBRARY AND LIBRARY SERVICE AND TO FIX SALARIES, DUTIES AND COMPENSATION OF SAID EMPLOYEES; GRANTING ALL PRIVILEGES AND BENEFITS TO SAID EMPLOYEES GIVEN TO OTHER COUNTY EMPLOYEES; PROVIDING FOR SUBMISSION OF A TENTATIVE BUDGET AND REPORTS OF OPERATIONS TO THE BOARD OF COUNTY COMMISSIONERS; PROVIDING THAT TITLE AND OWNERSHIP OF LIBRARY AND BRANCH LIBRARIES TO BE IN SAID COUNTY; AUTHORIZING SAID LIBRARY BOARD TO ACCEPT GIFTS, BEQUESTS OR DEVISES FOR SAID LIBRARY WHICH SAID FUNDS SHALL BE DEPOSITED BY SAID BOARD OF COUNTY COMMISSIONERS IN A COUNTY FREE LIBRARY FUND; AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO LEVY AN ANNUAL TAX FOR THE PURPOSE OF FUNDING EXPENSES AND OPERATION OF SAID LIBRARY AND LIBRARY SERVICE; CREATING A COUNTY FREE LIBRARY FUND AND AUTHORIZING ALL EXPENSES TO BE PAID BY COUNTY WARRANTS OUT OF SAID FUNDS; LIMITING THE EXPENSES AND INDEBTEDNESS IN ANY YEAR TO THE AMOUNT AVAIL- ABLE FOR LIBRARY PURPOSES; REPEALING ALL SPECIAL ACTS OF THE LEGISLATURE, ORDINANCES AND RESOLU- TIONS IN CONFLICT WITH THIS ORDINANCE TO THE EX- TENT OF SAID CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. There is hereby established in Monroe County, Florida, a free public library and free library service. Section 2. The Board of County Commissioners of Monroe County, Florida, shall be responsible for the operation and main- tenance of said library and library services. Section 3. The Board of County Commissioners of Monroe County, Florida, shall appoint a library board to administer said library and library services which shall be comprised of five (5) members who shall be registered voters of the county, one of each who shall reside in each of the county commissioners' districts at the time of their appointment. The members of the library board created under Chapter 150, Florida Statutes 1969, shall remain in -2- office until their present terms expire. Their successors shall be appointed for a term of four (4) years, except that an appoint- ment to fill a vacancy shall be for the unexpired term only. Section 4. The library board shall annually elect one member chairman, another vice-chairman and another secretary, whose duties shall be those usually pertaining to said respective offices. The library board may establish rules and regulations for its own government and that of the library or library service not inconsistent with law, and may elect and employ a librarian and such assistants or employees as to said board may seem reason- able and proper, and fix their salaries, duties and compensation. All employees of said library board shall have all privileges and benefits of county employees. Section 5. On or before July 1 of each year, the library board shall file with the Board of County Commissioners a tenta- tive budget for the ensuing fiscal year; and on or before Novem- ber 1 of each year, the chairman of the library board shall file with the county board a report of the operation of the library dur- ing the last fiscal year, giving such statistics and other infor- mation as may be required by said county board. Section 6. The title and ownership of the free library and any branch libraries shall be in the County. Section 7. The county library board is authorized to receive on behalf of the county any gift, bequest, or devise for the county free library. Said county library board shall turn over to the Board of County Commissioners any moneys received under the provisions of this section to be deposited in the county free library fund. Section 8. The Board of County Commissioners shall levy an annual tax, in the same manner and at the same time as other county taxes are levied, not exceeding one mill upon all taxable property within such county, or shall appropriate from the general fund of the county a sum not to exceed the yield of a one mill tax, • -3- for the purpose of providing the funds required to pay the expenses of the operation and maintenance of such free library or free library service. Section 9 . All funds of the county free library, whether derived from taxation or otherwise, shall constitute a separate fund to be known as the county free library fund, and shall be expended only for library purposes . The expenses incurred by the county library board shall be paid by warrants drawn by the Board of County Commissioners , payable out of the county free library fund. Section 10 . The county library board shall not make ex- penditures or incur indebtedness in any year in excess of the amount available for library purposes . Section 11. All special acts of the legislature, ordi- nances , and resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 12 . This ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknowl- edging receipt of certified copy of this ordinance and that said ordinance has been filed in said office. • • 41111 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, October 26 , 1976 , at 2 : 00 P .M. at the Monroe County Courthouse Annex, Key West , Florida, the Board of County Commis- sioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance : ORDINANCE NO . -1976 AN ORDINANCE PERTAINING TO MONROE COUNTY, FLORIDA, ESTABLISHING A FREE PUBLIC LIBRARY AND FREE LIBRARY SERVICE FOR SAID COUNTY; AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS TO OPERATE AND MAIN- TAIN SAID LIBRARY; CREATING A LIBRARY BOARD TO BE COMPOSED OF FIVE (5) MEMBERS APPOINTED BY SAID BOARD OF COUNTY COMMISSIONERS TO ADMINISTER SAID LIBRARY AND LIBRARY SERVICE ; PROVIDING TERMS FOR SAID BOARD MEMBERS AND THEIR SUCCESSORS ; PROVIDING FOR ELECTION OF OFFICERS FOR SAID LIBRARY: BOARD; AUTHORIZING SAID LIBRARY BOARD TO ESTABLISH RULES AND REGULATIONS FOR ITS OPERATION; AUTHORIZING SAID BOARD TO EMPLOY THE NECESSARY PERSONNEL TO OPERATE SAID LIBRARY AND LIBRARY SERVICE AND TO FIX SALARIES, DUTIES AND COMPENSATION OF SAID EMPLOYEES ; GRANTING ALL PRIVILEGES AND BENEFITS TO SAID EMPLOYEES GIVEN TO OTHER COUNTY EMPLOYEES ; PROVIDING FOR SUBMISSION OF A TENTATIVE BUDGET AND REPORTS OF OPERATIONS TO THE BOARD OF COUNTY COMMISSIONERS; PROVIDING THAT TITLE AND OWNERSHIP OF LIBRARY AND BRANCH LIBRARIES TO BE IN SAID COUNTY; AUTHORIZING SAID LIBRARY BOARD TO ACCEPT GIFTS , BEQUESTS OR DEVISES FOR SAID LIBRARY WHICH SAID FUNDS SHALL BE DEPOSITED BY SAID BOARD OF COUNTY COMMISSIONERS IN A COUNTY FREE LIBRARY FUND; AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO LEVY AN ANNUAL TAX FOR THE PURPOSE OF FUNDING EXPENSES AND OPERATION OF SAID LIBRARY AND LIBRARY SERVICE ; CREATING A COUNTY FREE LIBRARY FUND AND AUTHORIZING ALL EXPENSES TO BE PAID BY COUNTY WARRANTS OUT OF SAID FUNDS ; LIMITING THE EXPENSES AND INDEBTEDNESS IN ANY YEAR TO THE AMOUNT AVAIL- ABLE FOR .LIBRARY PURPOSES; REPEALING ALL SPECIAL ACTS OF THE LEGISLATURE, ORDINANCES AND RESOLU- TIONS IN CONFLICT WITH THIS ORDINANCE TO THE EX- TENT OF SAID CONFLICT; AND PROVIDING AN EFFECTIVE DATE . DATED at Key West, Florida, this 29th day of September, A. D. 1976 . RALPH W. WHITE Clerk of the Circuit Court of . Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of • Monroe County, Florida (SEAL) Publish: Monday, October 4, 1976 ~ttrtta11! .o-f ~tatt STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 (904) 488-3918 BRUCE A. SMATHERS SECRETARY OF STATE November 1, 1976 Honorable Ralph W. White Clerk of Circuit Court Monroe County Courthouse Key West, Florida 33040 Attention: Virginia Pinder, Deputy Clerk Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of October 28 and certified copy of Monroe County Ordinance No. 76-24, which was received and filed in this office on November 1, 1976. Kindest regards. Cordially, BRUCE A. SMATHERS Secretary of State r~ a ugh NK/mb ~~'i,",I":":.1R _. '-.. -;.'"'?1 ~t'\~. '.'~. ''"'fA> ': f"~ ... " .' M n ~..;;I -::~"::J \. ~! 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