HomeMy WebLinkAboutOrdinance 4402 ORDINANCE NO, 4402
AN ORDINANCE RECOGNIZING AND AFFIRMING
THE FAYETTEVILLE PUBLIC LIBRARY AND ITS
BOARD OF TRUSTEES AS THE DULY AUTHORIZED
PUBLIC LIBRARY FOR TH E CITY OF FAYETTEVILLE
WHEREAS, Act 417 of 1991, requires that public libraries be established
"by ordinance," and;
WHEREAS, the Fayetteville Public Library and its Board of Trustees have
been operating as the duly authorized public library for the City of Fayetteville
by resolution of the City Council since July 27, 1959.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas
hereby recognizes and affirms the Fayetteville Public Library and its Board of
Trustees as the duly authorized public library for the City of Fayetteville in
accordance with the provisions of Act 417 of 1991, as it may be amended from
time to time.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby reaffirms the provisions of the resolution of July 27, 1959, as amended, a
copy of which marked Exhibit "A" is attached hereto and made a part thereof.
PASSED and APPROVED this the 18t11 day of June, 2002.
APPROVED:
L ! /E til . By:
DAN COODY, or
Tier Woodruff, Cit lerk
0 0
NAME OF FILE: Ordinance No. 4402
CROSS REFERENCE:
06/18/02 Ordinance No. 4402
05/22/02 Departmental Correspondence to Hugh Earnest, from Louise Schaper,
Library Director
06/18/02 Staff Review Form
06/19/02 Memo to Louise Schaper, Library, from Heather Woodruff, City Clerk
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DEPARTMENTAL CORRESPONDENCE
TO: Hugh Earnest
FROM: Louise Schaper, Library Director
DATE: May 22, 2002
SUBJECT:
Background
The Fayetteville Public Library ("FPL") was begun in 1916 as a project by city residents
and was opened that year on June 7 in a courthouse basement. It was then moved to
the City Administration Building in 1937 and was operated until 1959 by a board of
interested citizens. The status of the library changed by vote of the Fayetteville City
Council on Monday, July 27, 1959. This vote approved a resolution taking over the City
Library and making appointments of its Trustees in accordance with Arkansas Statutes
(section 19-3201 ).
In 1991 the above-mentioned statute was amended by Act 417. The 1991 amendment,
among other changes, added the words "by ordinance establish and" immediately
preceding the words "maintain a public library." The statute, therefore, currently
provides: "The city council or governing body of any city of the first class may by
ordinance establish and maintain a public library for the use and benefits of the
inhabitants of the city".
Current Status
In response to a request from the Board of Trustees, the Library's attorney, Vince
Chadick, and the City Attorney have affirmed that the library has been and is
operating and functioning as a duly-authorized municipal library in accord with
state and local law. On August 14, 2001 , the FPL Board of Trustees approved a
resolution seeking formal affirmation from the City of Fayetteville of the creation,
existence, organization and operation of the FPL and its Board of Trustees, so
that the best interests of all library patrons and citizens can be served.
Recommendation
To affirm the relationship of the Fayetteville Public Library to the City of
Fayetteville, we recommend the City Council confirm, via ordinance, that the FPL
and its Board are, and have been, operating and functioning as a duly authorized
municipal library in accord with state and local law.
RESOLUTION
WHEREAS, we, duly-appointed and authorized members of the Board of
Trustees of the Fayetteville Public Library ("FPL") , seek affirmation from the City
of Fayetteville ("City") of the existence and organization of the FPL and of the FPL's
relationship with the City; and,
WHEREAS, we, in this regard, have caused to be prepared a history of the
existence of the institution presently known as the FPL and a summary of the
laws pursuant to which the FPL and its Board of Trustees are appropriately
operating, such history and summary being attached hereto and incorporated by
reference; and,
WHEREAS, we request that, upon due consideration and application of
relevant law(s) and ordinance(s) , the City hereby acknowledge and affirm, by
ordinance, proclamation, or otherwise, that the FPL and its Board of Trustees
were created and established in 1959 pursuant to effective law, that the FPL and
its Board have been and are operating and functioning as a duly-authorized
municipal library in accord with state and local law, and that the City recognizes
the FPL's status and the FPL's relationship with the City borne of state law; and,
THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
FAYETTEVILLE PUBLIC LIBRARY, that a formal request be made seeking
affirmation from the City of Fayetteville of the creation, existence, organization,
and operation of the Fayetteville Public Library and its Board of Trustees, so that
the best interests of all library patrons and citizens can be served.
Motion that this Resolution be adopted made by:
Maurice Roberts
Motion seconded by:
Beverly Schaffer
Motion unanimously approved August 14, 2001
Board President
Date
14
STAFF REVIEW FORM
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of June 18, 2002
FROM:
Louise Schaper Library Urban Development
Name Division Department
ACTION REQUIRED: Approve an ordinance recognizing that the FPL and its Board are, and have been,
operating and functioning as a duly authorized municipal library in accord with state and local law.
COST TO CITY:
0 $ Services and Charges
Cost of this Request Category/Project Budget Category/Project Name
$ New Library
Account Number Funds Used To Date Program Name
N/A $ General
Project Number Remaining Balance Fund
BUDGET REVIEW:: N/A Budgeted Item N/A Budget Adjustment Attached
Budget r' Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
AccotmC:gZer Date In[emal Auditor Date
�3/ Z
ity Attomey Date ADA Coordinator Date
Purchasing Manager Date
STep REC MMENDATION: Staff recommends approval.
L3 0 i
Asion Head Date Cross Reference
New Item: Yes No
Ex�t Director Date
Prev Ord/Res N :
&trativc Services Direc r Date
y -v Orig Contract Date:
Mayor Da e
FAYETTEVILE
THE CITY OF FAYETTEVIEEE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Louise Schaper, Library
From: Heather Woodruff, City Clerk
Date: June 19, 2002
Please find attached a copy of Ordinance No. 4402-02 recognizing and affirming the Fayetteville
Public Library and its Board of Trustees as the duly authorized Public Library for the City of
Fayetteville. The original will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Audit
Hugh Earnest, Urban Development
NORTHVST DSAS �ITION
A. nsas Demomt IV Gazette
MICROFILMED
AFFI AVIT OF PUBLICATION
I, , do solemnly swear that I am
Lega( Clerk of the Arkansas Democrat-Gazette newspaper, printed and
published in Lowell , Arkansas, and that from my own personal knowledge
and reference/ / to the files of said publication , the advertisement of:
�/Voo was inserted in the regular editions on
lyd)/.
** Publication Charge: $
Subscribed and swom to before me this
I I day of � � y 2002.
Nota
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My ORDINANCE NO. 4402 '
AN ORDINANCE RECOGNZING AND AFFIRMING THE
FAVETTEVIU.E PI LIBRARY SAND IR BOARD OF
** Please do not pay from Affidavit. TRUSTEES AS THE DULY AUTHORIZED PUBUC UBRAAV
FOR THE CRY OF FAYETTEMLLE
An Invoice will be Sent. WHEREAS Act 417 of 1881 requhs that Pow @ranee 1.18
established aid
lafad Eby ordnance: City of Fayetteville
WHEREAS. the FayeneWle PI Ubrary and 149 Board of TrLW809 Ie`.e bean oPerelnp M ftdlay
WAhVI PAft Ryary M the Cny of FayetlaAIq W MWKX n of the Cly Coulca entre Jlay 27, 1858.
NOW. THEREFORE. BE IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYE rEMLLE.
ARKANSAS:
p�
Section 1. That ft Gry Cour9 0/ tM Cny of FayatteWle. Arken9e9 haretp' reropl4zea erid eRerla the
R EC F ` ®r F"nrI PI Ubrery e 0 na BomC of Turtees a9 Ne Crdy aunbrlm0 fro �•Y br Ne G y of
Fayenav9e In acaoidarce WN1 tM prwlebru of W 417 of 1981 , a9 It may be amaded hom tyre to
the.
NOV 1 3 2002 Sealbn 2. That IM Day Canoe of the Day W FayMe+0e, Arkaraea Mreby IVI ftPnMebra 01
the ra9oeabn of Jiffy 27. 1959, aa amaded,a gap/of VI marked E#iNt 119 atlecned Malo and
II a pert tlareoL
CnY OF FAYc i i . :_�E
CITY CLERICS OFFICE PASSED " APPROVED tw9flathday of ". 2002.
APPROVED:
BY
DAN COODY. Mayor
ATTEST:
y MIfW WaofaM. CRY CIO* _._.
212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 9 (501 ) 442-1700