Ordinance 908 ORDINANCE NO. 908
•
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 Iii-P TpB:ERS, 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, Florida, which Board 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 the 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. That
each member of the Board of T rustees heretofore appointed in the
manner herein set forth and serving as such member on November 1,
1949, shall continue to serve as such member of the Board of Trustees
until the expiration of the term for which he or she was appointed
and until his or her successor is appointed and has qualified. At
the expiration of such terms of appointment, successors shall be
appointed by the City Manager by and with the consent of the City
Council for terms of four (4) 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,
for 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
incident to the office of secretary, then that office shall be held by
some one other than a member of the said Board.
SECTION 4: No member of said Board, as member, as chairman, or as
secretary, shall receive any compensation for his services.
SECTIONS: 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.
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SECTION 7: The Board of Trustees shall prepare an annual budget for its
operations , following and utilizing the same fiscal or budget-
ary year as the City of Miami Beach and shall submit the
same to the City ,;Manager in the regular course of established City depart-
mental procedures.
SECTION 8: The Board of Trustees 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 the budget pro-
vided for in Section 7 hereof; provided, however, the City Council may,
as it deems advisable, authorize unanticipated expenses and may make appro-
priations for such from funds available from other sources , and may permit
the expenditure of unanticipated additional revenues, or permit transfers
from one item to another within said budget. Private contributions or
endowments shall be held in a separate fund to be controlled and expended
solely by the Board of Trustees.
SECTION 9: 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 10: 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 presc,ribed by the City Accounting Depart-
ment, 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 11: All monies and receipts , earned and received, at, in and by
said Library shall be remitted and paid over weekly into the
City Treasury.
SECTION 12: 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 case of other expenses and disburse-
ments of the City of Miami Beach.
SECTION 13: All ordinances or parts of ordinances in conflict herewith,
are hereby repealed.
SECTION 14: If any phrase , clause, sentence, paragraph, section, or other
part hereof, shall for any reason be held unconstitutional or
invalid by any court of competent jurisdiction, the remainder
of this ordinance not so held unconstitutional, or invalid, shall never-
theless remain in full force and effect, andeach and every part thereof
shall be deemed separable and distinct from every other part thereof.
SECTION 15: This ordinance shall go into effect immediately upon its
passage and posting as required by law.
PASSED and ADOPTED this 7th day of December A. D. 1949
ATTEST: ,:'Payor pro tem.
City Clerk
1st reading - November 16 , 1949
2nd reading - November 16 , 1949
3rd reading - December 7, 1949
POSTS - December 8, 1949
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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. 908, 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 OF ITS MEMBERS; 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, one of
which was at the door of the City Hall in said City on the
8th day of December, A. D. 1949, 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 11th day of January, A. D. 1950.
City Clerk
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