§ 2-116. Adoption of provisions by reference; tax levy.

(a) The provisions of Chapter 57-1488, Laws of Florida Special Acts of 1957 are hereby adopted and the provisions of said act authorizing a board of directors of said library are hereby invoked and all of said act be, and the same is hereby adopted by reference and made a part of the ordinances of the city in all respects, other than the provisions referring to referendum.

(b) Any tax levy in compliance with said Act shall be levied on a year-to-year basis in the same manner as the general operating tax levy is made by said city, provided, said tax shall be used solely for the purposes and in the manner contained in said act.

(Code 1962, § 2-4)

Editor's note

Printed herein is the special act regarding the library board adopted by reference and enacted as Laws of Fla. ch. 57-1488.

CHAPTER 57-1488

HOUSE BILL NO. 750

AN ACT to authorize and empower the City of Lake Wales, a city located in Polk County, and incorporated under the laws of Florida, to establish and maintain a library; to establish a library board; to provide funds for support and maintenance; disbursements; to establish general powers of the library board; appointment of librarian; use of library; reports of library board to commissioners; amendments of by-laws; penalty for violation of rules recovered by civil action; donations to library; property exempt from execution and taxation; circulating library and providing referendum, providing effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Establishing and Maintaining Library.—In addition to the powers which it may now have, the city commission of Lake Wales, be and it is hereby authorized and empowered by ordinance to establish and maintain and operate a public municipal library and reading room, to be known as Lake Wales public library, for the use of the inhabitants of such city, and may levy a tax of not more than one (1) mill on the dollar annually, to be levied and collected in like manner as any other taxes of said City of Lake Wales, and to be known as the "library fund."

Section 2. Library Board.—When the City Commissioners of the City of Lake Wales shall have decided by ordinance to establish, maintain and operate a public municipal library and reading room, they shall appoint a library board to consist of five (5) directors, of which board neither the mayor-commissioner nor any member of the city commission shall be a member. Such directors first appointed shall hold their offices, one (1) for the term of one (1) year, one (1) for the term of two (2) years, one (1) for the term of three (3) years, one (1) for the term of four (4) years, one (1) for the term of five (5) years, from the first (1st) day of July following their appointment, and one (1) director shall be appointed annually thereafter for the term of five (5) years; and in cases of vacancies by resignation, removal or otherwise, the commissioners shall fill such vacancy for the unexpired term, and no director shall receive any pay or compensation for any service rendered as a member of such board, and such directors shall give such bond as the commissioners shall require. Such directors shall immediately after their appointment meet and organize by electing one of their number president, and such other officers as may be necessary.

Three (3) of such board shall be a quorum. They may make and adopt such by-laws, rules and regulations for their own guidance and for the government of the library and reading room as they may deem expedient, subject to the supervision and control of the city commissioners, and not inconsistent with law. They shall have exclusive control of expenditures of all monies collected or donated to the credit of the library fund, and of the renting or construction of any library building; and the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for the purpose.

Section 3. Funds for Support and Maintenance; Special Fund; Disbursements.—All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance or support of said public library shall be kept for the use of such library, separate and apart from all other funds of said city, and shall be drawn upon and paid out by the city manager, attested by the city clerk of said city, upon vouchers signed by the president of the library board, and authenticated by the secretary of such board, and shall not be used or disbursed for any other purpose or in any other manner.

Section 4. General powers of Library Board; Appointment of Librarian, etc.—The library board may purchase or lease grounds; erect, lease or occupy an appropriate building or buildings for the use of such library; appoint a suitable librarian and assistant; fix their compensation, and remove their appointments at pleasure; establish regulations for the government of such library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency; fix and impose by general rules, penalties and forfeitures for trespasses or injury to the library grounds, rooms, books or other property, or failure to return any book, or for violation of any by-law or regulation; and shall have and exercise such power as may be necessary to carry out the spirit and intent of law, in establishing and maintaining a public library and reading room.

Section 5. Free use of library by inhabitants; Proviso.—Said library and reading room shall be forever free to the use of the inhabitants of the City of Lake Wales, subject always to such reasonable regulation as the library board may adopt, to render said library and reading room of the greatest use to the inhabitants of said city, and the librarian may exclude from the use of the library and reading room any person who shall wilfully violate or refuse to comply with rules and regulations established for the government thereof; persons so excluded may appeal to the library board.

Section 6. Reports of Library Board to Commissioners.—The library board shall, on or before the second (2nd) Monday in June of each year, make a report to the city commissioners of the condition of their trust on the first (1st) day of June of such year, showing all monies received or expended, the number of books and periodicals on hand, newspapers and current literature subscribed for or donated to the reading room department, the number of books or periodicals ordered by purchase, gift or obtained during the year, the number lost or missing, the number of visitors attending, the number of and character of the books loaned or issued, with such statistics, information and suggestions as it may deem of general interest, or as the city commissioners may require, which report shall be verified by affidavit of the proper officers of said board.

Section 7. Amendment of By-laws.—Any by-law or regulation established by the library board may be amended by the commissioners of the City of Lake Wales.

Section 8. Penalty for violation of rules recovered by civil action.—Penalties imposed or accruing by any by-law or regulation of the library board may be recovered in a civil action before any justice of the peace, or other court having jurisdiction; such action to be instituted in the name of the library board of the city library, and monies collected in any such action shall be forthwith placed in the city treasury to the credit of the library fund.

Section 9. Donations to library; Title to vest in Library Board.—Any person may make any donation of money or lands for the benefit of such library, and the title of the property so donated may be made to and shall vest in the library board of the City of Lake Wales, and their successors in office, and such board shall thereby become the owners thereof in trust to the uses of the public library of the City of Lake Wales.

Section 10. Property exempt from execution and taxation.—The property of such library shall be exempt from execution, and shall also be exempt from taxation as other public property.

Section 11. Supplemental powers.—The powers conferred by this act shall be in addition and supplemental to the existing powers of the city commission, and this act shall not be construed as repealing any of the provisions of any other law, general or local, or charter.

Section 12. This act shall take effect immediately upon its becoming a law, subject to its ratification by a majority of the qualified freeholder electors of the City of Lake Wales, voting at a special election to be called by the city commissioners and held prior to December 31, 1957.

Became a law without the Governor's approval.

Filed in Office Secretary of State May 9, 1957.