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Editor's note-Section 2-44, establishing the Department of Public Libraries and providing for the appointment of a director, derived from Mont. Co. Code 1965, § 2-50, and 1969 L.M.C., ch. 34, § 9, was repealed by 1986 L.M.C., ch. 37, § 4. The department is now established in § 1A-201(a), and the office of director is established in § 1A-202(a).
The department of public libraries shall have the function of administering a county public library system with a central book depository, branches and stations, and bookmobile services for rural areas not adequately served by such branches and stations. Such branches and stations may be established and maintained in public schools and other public buildings in the county with the consent of the governmental authorities having jurisdiction over such buildings and in such other buildings as the council may provide. (Mont. Co. Code 1965, § 2-51.)
There is a Montgomery County Library Board composed of 13 members appointed by the Executive from the county at large, including 1 member recommended by Montgomery College, subject to the confirmation of the Council. The supervisor of school libraries is an ex officio member of the board. A member is appointed for a term of 3 years. A member appointed to fill a vacancy before a term expires serves the rest of the unexpired term. (Mont. Co. Code 1965, § 2-52; 1968 L.M.C., Ex. Sess., ch. 10, § 1; 1969 L.M.C., ch. 34, § 10; 1975 L.M.C., ch. 33, § 1; 1986 L.M.C., ch. 51, § 1; FY 1991 L.M.C., ch. 9, § 1; 2016 L.M.C., ch. 12, § 1.)
The library board shall have authority on its own motion, or on reference from the county executive, to inquire into matters affecting the county public library system including the acquisition and location of new library facilities, the adequacy of book collections, services to outlying districts and personnel needs of the department of libraries, and to make recommendations thereon to the county executive. (Mont. Co. Code 1965, § 2-53; 1969 L.M.C., ch. 34, § 11.)
The library board may designate, from among the residents of each area in which a branch library or station has been located, a local advisory committee of not less than 3 members, to consult with and make recommendations to the library board concerning local library needs. A local advisory committee may make recommendations to the county executive for filling vacancies on the library board and to the library board concerning the construction of new library buildings in the area which the committee represents. A member of a local advisory committee is appointed for a term of 3 years; in an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term. (Mont. Co. Code 1965, § 2-57; 1969 L.M.C., ch. 34, § 13; FY 1991 L.M.C., ch. 9, § 1.)
(a) Under the direction of the county executive, the director of the department of public libraries is hereby authorized and directed to negotiate with properly authorized representatives of the governing bodies of all public libraries or subscription libraries existing in the county or the governing bodies of any incorporated municipality within the county which operates, owns or supports, in whole or in part, a public library as of the effective date of this article for the transfer to the county, upon such terms and conditions as may be agreed upon, of all book collections, equipment and other facilities or property including land and buildings which such governing bodies may desire to transfer into the county public library system. The director is directed, at the request of such governing body, to include among such terms and conditions the following:
(1) Warranties to any such governing body that library facilities at least equivalent in value to the facilities and property transferred into the county system by any governing body will be made available by the county in the form of library facilities and services to the particular area represented by such governing body, and
(2) Provisions that any such governing body holding in trust cash, securities or any other evidences of indebtedness or unimproved real property acquired from proceeds of taxes levied for a library special taxing area may retain such cash, evidences of indebtedness and property for use in making available, at such times as there has been placed in operation a library building adequate to serve the council district in which located, such additional library facilities as such governing body in its discretion determines to be suitable and as may be approved by the director.
(b) After the terms and conditions of transfer of any such facilities and property have been agreed upon, the county executive is hereby authorized to accept, on behalf of the county, the transfer of such facilities and property to the county effective on the first day of July next following. The conveyance of title to the county of any property pursuant to the provisions of this article shall be evidenced by a written contract or agreement approved by the county attorney. (Mont. Co. Code 1965, § 2-58; 1969 L.M.C., ch. 34, § 14.)
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