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Chapter 93: Library
Code of Ordinances for the City of Wayne, Nebraska


Chapter 93: Library

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93.01 Operation and Funding

The city owns and manages the city library through the Library Board. The Council, for the purpose of defraying the cost of the management, purchases, improvements and maintenance of the library, may each year levy a tax not exceeding the maximum limit prescribed by state law, on the actual valuation of all real estate and personal property within the city that is subject to taxation. The revenue from the tax shall be known as the Library Fund and shall include all gifts, grants, deeds of conveyance, bequests or other valuable income-producing personal property and real estate from any source for the purpose of endowing the city library. The Board shall have the power and authority to appoint the librarian and to hire such other employees as it may deem necessary and may pass such other rules and regulations for the operation of the library as may be proper for its efficient operation. All actions by the Board shall be under the supervision and control of the Council.

(2002 Code, § 54-1)

Statutory reference:

Related provisions, see Neb. RS 51-201
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93.02 Books

The Library Board may authorize the sale, exchange or disposal of any surplus, damaged, defective, obsolete or duplicate books in the library. Records shall be kept of any such surplus, damaged, defective, obsolete or duplicate books so disposed of.

(2002 Code, § 54-2)

Statutory reference:

Related provisions, see Neb. RS 51-207
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93.03 Rules and Regulations

The Library Board shall establish rules and regulations for the governing of the city library for its preservation and efficient management thereof. It shall fix and impose by general rules, penalties and forfeitures for injury to the library grounds, rooms, books or other property, or for failure to return a book. All fees, penalties and forfeitures may be collected in civil action in the event of failure, neglect or refusal to pay the assessments.

(2002 Code, § 54-3)

Statutory reference:

Similar provisions, see Neb. RS 51-205
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93.04 Damaged and Lost Books

Any person who injures or fails to return any book taken from the library shall forfeit and pay to the library not less than the value of the book in addition to any replacement costs and penalty which the Library Board may assess.

(2002 Code, § 54-4)
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93.05 Cost of Use

The city library shall be free for the use of the inhabitants of the city. The librarian may exclude from the use of the library and reading rooms any person who shall willfully violate or refuse to comply with the rules and regulations established for the government of the library.

(2002 Code, § 54-5)

Statutory reference:

Related provisions, see Neb. RS 51-212
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93.06 Money Collected

Any money collected by the library shall be turned over monthly by the librarian to the City Treasurer, along with a report of the sources of the revenue.

(2002 Code, § 54-6)

Statutory reference:

Related provisions, see Neb. RS 51-209
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93.07 Circulating Materials

The Library Board shall have power to authorize any circulating library, reading matter or work of art of any private person to be deposited in the public library rooms to be used within the library rooms in the same manner as the books and property of the library, but to be drawn upon and used outside of the rooms only on payment of such fees or membership as the person owning them may require. The books or other reading matter so deposited in the rooms of the public library shall be separately and distinctly marked and kept upon shelves apart from the books of the public library.

(2002 Code, § 54-7)

Statutory reference:

Related provisions, see Neb. RS 51-219
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93.08 Library Board; Appointment, Terms and the Like

(A)  The Library Board shall be appointed. The members are to be chosen by appointment of the Mayor and the nominated members must receive a majority vote of the Council. The Board shall consist of five members, who shall be residents of the city.

(B)  The members of the Board shall serve a four-year term of office as specified by Neb. RS Chapter 19.

(C)  The Board shall serve without compensation and may be required, in the discretion of the Council, to give a bond in a sum set by resolution and conditioned upon the faithful performance of their duties.

(D)  At the time of the Board’s first meeting in July of each year, the Board shall organize by selecting from its members a Chair and Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file them with the City Clerk, where they shall be available for public inspection at any reasonable time.

(E)  A majority of the Board members shall constitute a quorum for the transaction of business. The Board shall meet at such times as the Council may designate. Special meetings may be held upon the call of the Chair or any three members of the Board.

(F)   The Board shall have the authority to appoint a librarian and all other employees. It shall be the duty of the Board to have general charge of the city library and to establish appropriate rules and regulations for its management, operation and use. The Board shall have supervisory authority over all employees of the library, including the librarian. All actions of the Board shall be subject to the review and supervision of the Council. The Board shall be responsible for making such reports and performing such additional duties as the Council may designate. No member of the Council shall serve as a member of the Board while serving a term of office as a member of the Council. No member of the Board shall serve in the capacity of both the Chair and Secretary of the Board.

(2002 Code, § 54-41)

Statutory reference:

Library board generally, see Neb. RS 51-202 et seq.

Related provisions, see Neb. RS 51-202
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93.09 Unlawful Library Conduct

It shall be unlawful for any person to take or retain possession beyond the due date of, or to remove from the public library building, in violation of any bylaw, rule or regulation adopted by the Library Board or City Council for the protection and government of the public library or in violation of any agreement entered into by any person concerning utilization of the public library, or to willfully and maliciously write upon, deface, injure or destroy any book, periodical, record, film or other property owned by, or in custody of, the public library.  Any person who shall violate the terms of any agreement concerning utilization of the public li­brary, or who unlawfully takes or retains possession beyond the due date of, or re­moves from the public library building, writes upon, defaces, in­jures or destroys any book, periodical, record, film or other property owned by or in the custody of the public library, shall be guilty of an offense. 
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93.10 Penalties Imposed; Recovery in Civil Action

Penalties imposed or accruing under any bylaw, rule or regu­lation adopted by the Library Board or City Council may be recovered in a civil action before any court having juris­diction thereof.  Such action shall be instituted and maintained in the name of the city.  This remedy shall be in addition to that provided in section 54-8.
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