(A) Creation of the Board. There is hereby created the Whitesboro Library Board, hereafter called the Board, consisting of five members. The members thereof shall be appointed by the City Council.
(B) Terms of appointment. The Whitesboro Library Board shall consist of five members to be appointed by the City Council for the term of two years; provided, that of the first five appointments made under this section, three shall be appointed for two years and two shall be appointed for one year. Thereafter, members shall be appointed for two year terms.
(C) Chairman of the Board. The Chairman of the Board shall be elected by a majority of the members of the Board. The first Chairman shall be elected at the beginning of the first meeting held after the members are appointed and each successive Chairman shall be elected at the first meeting held after new appointments to the board are made after each council election in may.
(D) Library director to act as Secretary. The Library Director or his or her representative shall act as Secretary of the Board and shall attend and keep the minutes of all meetings except those meetings where another representative shall be designated by the Library Board. He or she shall act only in an advisory capacity and shall participate in its discussions but shall have no right to vote.
(E) Meetings. The Board shall meet at regular intervals with advance notice posted in accordance with the Texas Open Meeting Law, as amended (Tex. Gov't Code §§ 551.001 et seq.). Additionally, meetings may be called upon request of the Chairman, or upon written request of three members, or upon notice from the Library Director that a matter requires the consideration of the Board.
(F) Quorum. Four members shall constitute a quorum, and action taken at a meeting shall require the affirmative vote of a majority of the members in attendance.
(G) Powers and duties. The Library Board shall have the following powers and perform the following duties:
(1) It shall follow the rules and regulations prescribed by the City Council for the conduct of its business.
(2) It shall act only in an advisory capacity to the Library Director in all manners pertaining to the library.
(3) It shall encourage the development of adequate library facilities for the residents of the city.
(4) It may solicit for the city gifts, revenues, bequests, or endowments of money or property as donations or grants from persons, firms, or corporations. All gifts, revenues, bequests, or endowments of money or property as donations or grants from persons, firms, or corporations are subject to the approval and acceptance by the City Council.
(H) Penalty for noncompliance with library rules.
(1) Any person who shall willfully cut, mutilate, mark, tear, write upon, deface, or otherwise destroy or injure in whole or in part, any book, pamphlet, periodical, map, document, picture, or any written, engraved, or printed paper belonging to the public library or shall suffer such injury to be inflicted while such property is in custody shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 10.99.
(2) Any person who shall take from the public library any book, pamphlet, periodical, paper, or other property, except in accordance with the rules of the library, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 10.99.
(3) A person commits an offense if he or she intentionally or knowingly fails to return library materials to the public library which were loaned to the actor's name. The actor's intent and knowledge shall be presumed if:
(a) Pursuant to agreement, the library materials were to be returned on a date specified;
(b) Actual notice is given or notice in writing is sent by depositing in the United States mail stating that the library materials were not returned on the date specified, such notice when mailed is to be sent to the address shown on the records of the library;
(c) The library material is not returned to the owner within ten days of receipt of such notice;
(d) If notice is sent by mail in accordance with division (H)(3)(b), it is presumed that the notice was received no later than five days after it was sent;
(e) In prosecution under this subsection, it is no defense that the actor, through the actual borrower, no longer possesses the library materials.
(Ord. 757, passed 12-13-94) Penalty, see § 10.99