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Ord. 0187-3 2009-12-14ORDINANCE NO. 187-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 15, ARTICLE II, LIBRARY BOARD, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 15, Article II of the City Code of Ordinances is hereby amended to read as follows: "ARTICLE II" LIBRARY BOARD Sec. 15-18. Creation. There is hereby created a Board of Library Directors for the city to be known as the Pearland Library Board. Sec. 15-19. Composition. The Library Board shall be composed of seven (7) directors. Sec. 15-20. Qualifications. Directors of the Library Board shall reside within the city and be persons qualified to perform the duties of such Board. Sec. 15-21. Appointment. The directors of the Library Board shall be appointed by the Mayor by and with the consent of the City Council. ORDINANCE NO. 187-3 Sec. 15-22. Term. (a) The initial Board of Directors shall be appointed and hold office as follows: (1) Three (3) directors to be appointed for three (3) years; (2) Two (2) directors to be appointed for two (2) years; and (3) Two (2) directors to be appointed for one year. (b) Members thereafter appointed or reappointed shall hold office for a term of three (3) years from the date of their appointments and until their successors shall be appointed and qualified. Sec. 15-23. Compensation. The directors of the Library Board shall serve without compensation, but may be reimbursed for any personal expense incurred in the performance of their duties. Sec. 15-24. Removal of members. The Mayor and City Council shall have the power to remove from office any or all of the directors of the Library Board for nonperformance of duties or for misappropriation or wrongful use of funds or property and to require just and proper accounting of the same. Sec. 15-25. Meetings. The Pearland Library Board shall meet at least quarterly at a location in the City or the City's extraterritorial jurisdiction. The regular meeting time shall be set by the Board. The Chairman may call such special meetings as he deems necessary for the orderly transaction of business by the board. All meetings shall be public and shall conform to requirements of the Texas Open Meetings Act. Sec. 15-26. Quorum. A majority of the directors of the Library Board shall constitute a quorum for the transaction of business. ORDINANCE NO. 187-3 Sec. 15-27. Election of Chairman and other officers. The officers of the Board shall consist of Chairman, Vice-chairman, Secretary and Treasurer. These officers shall be elected annually by the directors at the Board's first regular meeting of each calendar year and shall serve for one-year terms and may be re- elected for consecutive terms. Sec. 15-28. Chairman and Vice-chairman. The Chairman, on behalf of the Board and in accordance with Section 15-34 (2) of this Article, shall act as the liason between City of Pearland and the County Library System. The Chairman shall be responsible for developing agendas for Board meetings and shall preside over the meetings. The Vice-chairman shall serve in the stead of the Chairman during the absence or disability of the Chairman, and while so serving shall have all of the duties and powers afforded the Chairman. Sec. 15-29. Secretary. The Secretary shall keep a permanent record of the proceedings of the board. Sec. 15-30. Treasurer. The Treasurer shall have the custody of all money and property received by said Board from any and all sources, and shall pay out the same only on vouchers, orders or checks properly co -signed by the Treasurer and the Chairman, Vice-chairman or the Secretary. The Treasurer shall keep permanent books of records of all such funds, all receipts and disbursements thereof, and for what purposes received and disbursed. The Treasurer shall present a financial report at each regular meeting of the Board and provide a copy of the financial report to the City Secretary. Secs. 15-31--15-33. Reserved. ORDINANCE NO. 187-3 Sec. 15-34. Powers and function. The Pearland Library Board shall be advisory in nature and shall perform the following functions: (1) The Board shall advise the Pearland Branch Librarian(s) and the County Library Director of library needs. (2) The Board shall act as a liaison between the City of Pearland and the County Library System. (3) After consulting with the Board, the Pearland Branch Librarian(s) shall submit an annual local operations budget to the City Manager. (4) The Board shall handle monies given to it for use in support of Pearland Branch Libraries. (5) The Board shall accept gifts, donations and grants on behalf of the City for the enhancement of the library and library facilities. (6) The Board shall cooperate with all other public and private groups in advancing the best interests of Pearland Branch Libraries and the Brazoria County Library System. (7) The Board shall render to the City Council all recommendations it considers advisable regarding Pearland Branch Libraries. Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable 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 the remaining portions thereof. ORDINANCE NO. 187-3 Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 5. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. PASSED and APPROVED ON FIRST READING this the 23rd day of November, A. D., 2009. a�L TOM REID MAYOR ATTEST: SONIA WEBB DEPUTY CITY SECRETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 14th day of December, A. D., 2009. TOM REID MAYOR 4-2" ORDINANCE NO. 187-3 ATTEST: f-f`!Q WAti SONIA WEBB DEPUTY CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY