Ordinance 83-2395 ORDINANCE NO. 83-2395
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING ARTICLE 2 OF CHAPTER 22, OF
THE MIAMI BEACH CITY CODE, DEALING WITH THE
BOARD OF TRUSTEES OF THE MIAMI BEACH PUBLIC
LIBRARY, PROVIDING FOR DESIGNATION AND CREA-
TION OF THE BOARD, ESTABLISHING THE BOARD'S
COMPOSITION, ESTABLISHING QUALIFICATIONS ,
PROVIDING FOR VACANCIES AND REMOVAL FROM
OFFICE; ESTABLISHING BY-LAWS; ESTABLISHING
DUTIES , PROVIDING FOR BUDGET; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1:
That Article 2 of Chapter 22. of the Miami Beach City Code dealing
with the Board of Trustees of the Miami Beach Public Library; and
the same is hereby amended to read as follows:
Article 2 . Board of Trustees.
Section 22-6 . Designation and Creation.
There is hereby created a board for the management and oper-
ation of the Miami Beach City Library, which board shall be
designated "The Board of Trustees of Miami Beach City
Library" .
Section 22-7 . Com•osition; A••ointment; Term of Office;
Qualification; Vacancies; Removal from Office.
The Board of Trustees shall consist of seven -4} nine (9)
members . whe shall be appefated by the Gity Manager; by and
w4th the appreva1 e€ the G}ty Geuneff- Eaeh member e€ the
Beard ef Trustees hefetefere appefsted fs the manner hefefa
set Earth and serefsg as saeh member es Nevember 1 1949
shall eentfnae to serve as saeh member ef the Beard ef
Trustees unt41 the expfratfen ef the term fer yah}eh he was
appefnited and unit41 saeeessef 4s appefsted and has quaffffed-
At the emp};<at}es ef saeh teems ef ap e4ntment; seeeessei's
Board members shall be appointed by the City Manager by and
with the consent of the City Ge+ nsef Commission-fet terms of
feat years eaeh- New members shall serve for two (2) year
terms and thereafter three (3) year terms. The existing
members as of the effective date of this ordinance may serve
an additional three (3) years upon expiration of their terms .
No members shall serve for more than two successive terms .
All members of the Board shall be residents of the City. The
following criteria may be considered in the selection of
members:
1 . Library experience
2 . Business experience
3 . Community work experience
4 . Education experience
5 . Particular interest in library flourishing
Any vacancy on the Board caused by death, resignation,
removal or otherwise shall be filled by the City Manager by
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OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
and with the approval of the City Geuneil Commission for the
balance of the unexpired term of the person, the termination
of whose office shall have caused the vacancy. The City
€eu eil Commission may at any time upon recommendation of the
City Manager , for any cause or reason satisfactory to it, by
a 5/7ths vote of its members , remove any member of the Board
of Trustees.
Section 22-8 . Officers.
The members of the Board of Trustees shall select a chairman
from among their number . and likewise shall appeint a seefe-
tafy whe may et may net be a member ef the Beard, but in the
event any eempensatien shall be paid fee the peefermanee ef
the duties ineident to the 9f€lee e€ Seeeetary, then that
effiee shall be held by semeene ether than a member of the
Beard- City staff shall act as the secretary for the Board,
and additional city personnel may be used by the Board as
needed.
Section 22-9 . Compensation.
No member of the Board .of Trustees as a member , as the chair-
man or as secretary shall receive any compensation for his or
her services.
Section 22-10 . By-Laws, Rules and Regulations.
The Board of Trustees shall have the power to adopt by-laws ,
rules or regulations, for the conduct of its own meetings or
business, and for the regulation and control of the operation
of the Miami Beach City Library.
Section 22-11. Duties Generally.
The Board of Trustees shall have the power and authority, and
it is made the duty of the Board, to exercise general control
and management over the City libraries; except that the hand-
ling of receipts, the payment of expenses and budgetary con-
trol shall be as set forth in this Article.
Section 22-12 . Budget; Private Contributions and Endowments.
The Beard of Trustees Head Librarian shall prepare an annual
budget for its operations, following and utilizing the same
fiscal or budgetary year as the City, and shall submit the
same to the City Manager in the regular course of established
City department procedures.- , following review thereof by the
Board of Trustees.
The Beard of Trustees shall permit ne empeenditure ef any
sort, nature, kind er eharaetef whatseevee to be made unless
the same shall be inelt:ded in, and in aeeerdanee with the
budget provided fey in this Seetien, presided, hewevee, that
the eity eemmissien may, as it deems advisable, autherite
unantieipated empenses and may make appfepflatiens for stteh
ffem funds available ffem ether seurees, and may permit the
expenditure of ttnantieipated additienal revenues, ei permit
transfers ffem one item to another within the budget-
Private contributions or endowments shall be held in a
separate fund to be controlled and expended solely by the
Board of Trustees.- , in consultation with the City Manager
and in accord with the City' s purchasing procedures.
SECTION 2 : SEVERABILITY.
If any section, sub-section, sentence, clause, phrase or other
portion of this ordinance is , for any reason, held invalid or
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent
provision, and such holding shall not affect the validity of of
the remaining portions of this ordinance.
SECTION 3: REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 4: EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after adoption in
accordance with law.
PASSED AND ADOPTED this 7th day of December
1983 .
)97
MAYOR
ATTEST:
CITY CLERK
1st Reading - November 16, 1983
2nd Reading - December 7, 1983
APPROVED AS TO FORM:
�L gal Department
DATED 5--'217- 2>
JK/jhd
5243B
1st reading 11/16/83
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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