Ordinance 765 ORDINANCE NO. 765
AN ORDINANCE CREATING A BOARD OF TRUSTEES OF MIAMI
BEACH CITY LIBRARY; PRESCRIBING THE POWERS AND DUTIES
OF SAID BOARD, THE MANNER. OF APPOINTMENT OF ITS MEMBERS,
THE LENGTH OF TERMS OF SERVICE OF ITS MEMBERS; REQUIRING
AN ANNUAL BUDGET OF SAID BOARD, AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That there be, and there is, hereby created, a Board for
the Management and operation of the Public Library, located
in Collins Park and owned by the City of Miami Beach, Flori-
da, which shall be designated "The Board of Trustees of Miami Beach
City Library" , and said Library is hereby designated "Miami Beach City
Library".
SECTION 2: That said Board of Trustees shall consist of seven (7)
Members, who shall be appointed by the City Manager by and
with the approval of the City Council of the City of Miami
Beach, Florida; and that of the first Board of Trustees, two members
shall be appointed for terms of one year each; two others for terms of
two years each; one other for a term of three years; and the remaining
two for terms of four years each. At the expiration of the terms as
above set forth, the successors of the members of said first Board
shall be appointed by the City Manager by and with the approval of said
City Council for terms of three years each. All members of said Board
shall be residents of the City of Miami Beach, Florida. Any vacancy
on said Board caused by death, resignation, removal or otherwise, shall
be filled by the said City Manager by and with the approval of said
City Council for the balance of the unexpired term of the person, the
termination of whose office shall have caused the vacancy. The City
Council may at any time upon recommendation of the City Manager f or
any cause or reason satisfactory to it, by a five-sevenths (5%7) vote
of its members, remove any member of said Board of Trustees.
SECTION : The members of said Board shall select a chairman from among
their number and likewise shall appoint a secretary, who
may or may not be a member of said Board, but in the event
any compensation shall be paid for the performance of the duties inci-
dent to the office of secretary, then that office shall be held by
some one other than a member of said Board.
SECTION 4: No member of said Board, as member, as chairman, or as
secretary, shall receive any compensation for his services.
SECTION 5: The Board shall have the power to adopt by-laws, rules or
regulations, for the conduct of its own meetings or busi-
ness, and for the regulation and control of the operation
of the Miami Beach City Library.
SECTION 6: The said Board shall have power and authority, and it is
made the duty of said Board, to exercise general control and
management over said Library, except that the handling of
receipts,., the payment of expenses, and budgetary control, shall be as
hereinafter set forth.
SECTION : Said Board shall employ a librarian and all other personnel
excepting the accounting personnel necessary to operate said
Library, and shall designate their duties, and determine and
fix their respective titles, and fix the salaries of all employees in
accordance with the budget of said Library.
SECTION 8: The Board of Trustees shall, within thirty (30) days after
----- the appointment and organization of said Board as herein.
before provided, prepare a budget covering the remainder of
the fiscal year ending September 30th, 1946, and shall submit the same
to the City Manager, and thereafter said Board of Trustees shall prepare
an annual budget, following and utilizing the same fiscal or budgetary
year as the City of Miami Beach and shall submit the same to the City
- _t_--Manager.
- 1 -
SECTION 9: Said Board shall permit no expenditure of any sort, nature,
kind or character, whatsoever, to be made unless the same
shall be included in, and in accordance with, said budget;
provided, however, said budget may be amended from time to time by
said City Council in order to authorize unanticipated expenses or to
permit the expenditure of unanticipated additional revenues or to
permit transfers from one item to another within said budget, or in
any other manner which shall seem advisable to said Council. Private
contributions or endowments shall be held in a separate fund to be con-
trolled and expended solely by the Board of Trustees.
SECTION 10: All purchases to be made by, or on behalf, of said Board of
said Library shall be made by and through the City Purchasing
Agent of the City of Miami Beach.
SECTION 11: All accounting and bookkeeping of and for said Library,
shall be done in such manner and form, and shall consist of
such records, as may be prescribed by the City Accounting
Department, and the City Auditor shall audit all accounts of said Board
and said Library and shall make quarterly reports to said Board, and to
the City Council as to his findings and recommendations relative thereto.
SECTION 12: All monies and receipts, earned and received, at, or in and
by said Library shall be remitted and paid over monthly
into the City Treasury.
SECTION 13: All disbursements to be made for, or on behalf of said Board,
and said Library shall be based on vouchers and shall first
be approved by said Board, and thereafter the routine of
handling shall be the same as in the ease of other expenses and dis-
bursements of the City of Miami Beach.
SECTION 14: All ordinances or parts of ordinances in conflict herewith,
are hereby repealed.
SECTION 15: If any phrases, clauses, sentences, paragraphs, sections,
or other part hereof, shall for any reason be held unconsti-
tutional or invalid by any court of competent jurisdiction,
the remainder of this ordinance not so held unconstitutional, or invalid,
shall nevertheless remain in full force and effect, and each and every
part thereof shall be deemed separable and distinct from every other
part thereof.
SECTION 16: This ordinance shall go into effect immediately upon its
passage and posting in accordance with law.
PASSED and ADOPTED this lstday of May A. D. , 1946.
IOW 11 I ei
'ayo
ATTEST:
y C erk
1st reading - April 17, 1946
2nd reading - April 17, 1946
3rd reading May 1st, 1946
Posted - May 1st, 1946
STATE OF FLORIDA )
COUNTY OF DADE )
I, C. W. TOMLINSON, City Clerk in and for the City of
Miami Beach, Florida, do hereby certify that Ordinance No. 765
entitled: " AN ORDINANCE CREATING A BOARD OF TRUSTEES OF MIAMI
BEACH CITY LIBRARY; PRESCRIBING THE POWERS AND DUTIES OF SAID
BOARD, THE MANNER OF APPOINTMENT OF ITS MEMBERS, THE LENGTH OF
TERMS OF SERVICE CF ITS MEMBaRS; REQUIRING AN ANNUAL BUDGET OF
SAID BOARD, AND FOR OTHER PURPOSES" . , having been passed and
adopted by the City Council of the City of Miami Beach, Florida,
has been posted by me in three conspicuous places in the City of
Miami Beach, Florida, one of which was at the door of the City
Hall in said City on the 1st day of May, A. D. , 1946, and that
said Ordinance remained posted for a period of at least thirty
days in accordance with the requirements of the City Charter of
the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 5th day of June, A. D. , 1946.
Q4 Ci v Clerk
0
fi p(D
IA
co cm 4.A
o• td
o
C] H O1
k'• cb •
c+
•.<HHi H) C
F• H
d +i
MD
(p
to