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HomeMy WebLinkAboutOrdinance 9317~• .~ ti ,~ ~~ " J .: , ~= ORDINANCE NO. 7~/ AN ORDINANCE AMENDING CHAPTER 40, "DEPARTMENT OF PUBLIC LIBRARIES", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964) AS AMENDED, BY ADDING SECTION 40-11 THERETO, INSTI- TOTING A FEE FOR USE OF THE FORT WORTH PUBLIC LIBRARY BY CERTAIN NON-RESIDENT USERS; DEFINING CERTAIN TERMS; PRO- VIDTiVG FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR `\,, ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE I'T~ ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 40, "Department of Public Libraries", of the Code of the City of Fort Worth, be amended, and is hereby amended by adding Section 40-11 thereto, to read as follows: "Sec. 40-11. Fees for certain non-resident users. (a) Non-resident users of Fort Worth Public Library materials and services shall be assessed a fee for such use, which shall entitle a non-resident individual or institution to borrow library materials or use other library services, according to the following fee and usage level schedule, to wit: Fee Individual Non-resident $ 5.00 10.00 25.00 50.00 -- Institutional (Organizations and Business) $150.00 Usage Level 3 items borrowed 7 items borrowed 18 items borrowed 40 items borrowed Library Services Only One per month 150:00 Circulation only- 50 items borrowed per ``4- month 300.00 ~ C.irculation and ser- _``,~..~ vices- both of the ``~~' above. (b) Definitions: For purpose f~t.his Section, the following definitions shall apply: 1. "Non-resident". An individual or instituti`on"`°which does not reside within or have its offices within tFie-~. corporate limits of the City of Fort Worth. Exception: An individual or institution which owns property located within the corporate limits of the City of Fort Worth shall be exempted from the payment of non-resident user fees for library use. 4 ~, 2. "Library Materials". Any_ book,--pamphlet, periodical, paper, so~ndw r-e cording; `~fi1m videocassette or other ,property which is subject to removal from the library through the customary check-out procedure of such library. 3. "Library Services". Services shall include but not be limited to use of conference rooms, meeting rooms, and auditorium facilities, and library tours and programs. (c) Payment of non-resident user fees shall not pre- elude payment of any regularly assessed fees which may be required for the use of library facilities or materials. (d) Non-resident status shall be determined accord- ing to procedures established by the librarian." SECTION 2. That this Ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1964), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Section 1 in the minutes of the City Council and by filing this ordinance in the ordinance records of the City. -2- M -~~ ` ;;" a .; ~_ SECTION 5. That this ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney ,- ~ - 1 ~-- -.. g ~ Date: ADOPTED: ~ ~ ~~ EFFECTIVE : - /a-g~ lee -3- S,!'ER fllE•1; M CITY MANAGER 1 ACCOUNTtNG•2 ~~11/1®~ ~~~j ~~~~~~~ (~®~~~~~~rr,',~~®~ TRAN3PORTA7 LIBRARY 1 J N~PUtlL~I: vvUnna•o DATE REFERENCE SUBJECT Librarv User Fee for. Nan- ~ PAGE NUMBER /12/85 G-6254 Residents ion 2 ckProu.nd eQinning with FY 1985, Tarrant Co,Inty Cnmissioners have voted to discontim~e ny ravmPnt to municinal libraries in the Crnlnty fir usage ~f library sPrvxces v County residents. Presently, annroximately 25 percent of the users of the ort Worth Public Library reside outside the corporate limits of the Citv of nr.t Worth and thus these ner.sons, in cPneral, nay no taxes to s„nnort the ibrary. Other ,cr.ban libraries in Texas and the United States char.Qp ten-residents for use of their n,Iblir_ libraries. Soma other Tarrant County I,nicina.l libr.ar.ies ?ither have approved or ar? consider.inp, the charPinQ of P.P_s to nAri-rP.Sidents. he library staff racnmmends that a fee schedule be instituted fur nun..-resident Isers of the Fort Worth Public Librarv, excluding those persons who own ronerty in Fort Worth. These non-resident users T•*ill bP chareed based ~n heir level of usage of library materials, facilities and services, as ndicatpd by their purchases of cards c•~hirh entitle them to b~rrnc•~ a certain „tuber of library items or use certain services and facilities. The proposed ee schedl?le ifi as follocaG, Indfvid„a1 Nnn-Resident Card S 5.00 10.00 25.00 50.00 Institutional Cards OrAani~ations and Businesses) $150.00 URaP.e Leval Allni•,Pd 3 Items Borrowed 7 Items B~rrnc•ed 18 Items R~rrowPd 40 Items Borrowed Services Only - (Such as one visit, t~nr nr nr~Pram ner month) 150.00 300.00 M Circnlati~n. Only (50 items bor- rowed ner month) Circ„lation and Services (combi- nation of above) the Library staff further. recommends that the Citv consider contracting c•*ith ether Tarrant Cnnnty m„nicinalities to nrnvidP libr.ar.v servic?s to residents of ChP_SP_ Cities. . `` i~, ` ~* ~ Y DATE REFERENCE SUBJECT Library User Fee for Non- PAGE NUMBER Residents 2 2 2/12/85 G-b254 of Financing It is anticipated that r.evennes for the first fill veer (12 months) will be approximately S175,000. RPVennes could reach as mesh as $500,000 annually in five vear.s if cities without Iibrary services choose to contract with the Citv of Fort W~r.th. Recommendation It is recommended that the City Crn,ncil: 1) Adopt the attached ordina nce instit,ttinn_ the fee sched»le n„tlined above t~ charPe fees fur library ~,ser.s ~.*h~ do nit either reside in ~r oTan property t~~ithin the corporate city limits of Fart Wirth, effective May 1, 1985; and, 2) Anthori~e City staff to stndv the possibility of contracting with ether Tarrant County cities for the nrovisinn ~f library services to their residents. RAM:kc~ 'APPRO~~D~ C AL C11~ CQU~t ~~~ ~~ ~~~ CityCitY s~of tho Cit7~ of Fozt ~1~5'' SUBMITTEb FOR THE CITY MANAGER'S "/J~/", ~ ~ ' DISPOSITION BY COUNCIL. PROCESSED BY ~/ / OFFICE BV ~ (~ APPROVED ORIGINATING I ~ OTHER (DESCRIBE) DEPARTMENT HEAD Linda Allmand CITY SECRETARY CON ACDITIONAL tNFORM/tln~a Allmand jL, Ext. 7706 Ad0 ted prd~nance No, ~~ ~ --~ DATE