HomeMy WebLinkAboutOrdinance 20993-10-2013 ORDINANCE NO. 20993-10-2013
AN ORDINANCE AMENDING CHAPTER 19, "LIBRARIES", ARTICLE 1, "IN
GENERAL" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986),
AS AMENDED, TO REMOVE RESERVED SECTION 19-15; TO AMEND
CHAPTER 19, "LIBRARIES", ARTICLE 11, "DEPARTMENT OF PUBLIC
LIBRARIES", BY ADDING SECTION 19-15, "DEFINITIONS"; TO AMEND
SECTIONS 19-17, 1.9-18, 19-23, 19-24, 19-25, AND 19-26 TO UPDATE
LANGUAGE TO REFLECT CURRENTLY AVAILABLE LIBRARY
MATERIALS, TO AUTHORIZE THE LIBRARY TO PROCESS ITS CASH
RECEIPTS IN ACCORDANCE WITH ESTABLISHED CITY POLICIES AND
PROCEDURES, AND TO AUTHORIZE THE LIBRARY DIRECTOR TO SET
NONRESIDENT USER FEES; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is desirable to amend Chapter 19, "Libraries" of the Code of the City of Fort
Worth to add a definition section, to update language to reflect management of current library materials
and their uses, to provide a system for processing cash receipts, and to provide staff flexibility with regard
to setting department of public library user fees for nonresidents.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
Chapter 19, "Libraries", "Article I", "In General", Section 19-15, Reserved, is moved to Chapter
19, "Libraries", of Article 11, "Department of Public Libraries", of the Code of the City of Fort Worth,
Texas(1986), as amended, and is hereby added to read as follows:
Section 19-15.— Definitions and policies.
For purposes of this section, the following definitions and policies shall apply:
Library Materials. Any book, pamphlet, periodical, picture or written or engraved or printed
paper, video or sound recording or other property that is subject to removal from the library
through the customary check out procedure of such library or to in-library only use.
Library Services. Library Services shall include, but not be limited to, access to available
information and recreational materials, access to computer technology services, use of conference
rooms, meeting rooms, auditorium facilities and tours and programs sponsored by the library.
Nonresident City Employee. A current employee of the City of Fort Worth living outside the
corporate limits of the city.
Ordinance No. 20993-10-2013
Page 1 of 6
Nonresident Donor. A Nonresident Individual, as defined herein, who donates one hundred
dollars ($100.00) or more to the Fort Worth Public Library, the Fort Worth Public Library
Foundation or the Friends of the Fort Worth Public Library. A Nonresident Donor shall receive a
maximum of one (1) library card entitling the donor to borrow Library Materials or use Library
Services free of charge during the time that the card is valid. Such card shall be valid for one (1)
year following receipt of the donation for every one hundred dollars ($100.00) donated; provided,
however, that such card shall not be valid for more than five (5) consecutive years regardless of
the amount donated.
Nonresident Individual. An individual who does not reside or own property located within the
corporate limits of the City of Fort Worth.
Nonresident Institution. A corporation, partnership, organization or other form of business
entity that does not have its offices or own property located within the corporate limits of the City
of Fort Worth.
Nonresident Student. A Nonresident Individual, who is currently enrolled in grades Pre-K
through 12, inclusive, of any formally recognized educational institution.
Nonresident User Fee. The fee charged to Nonresident Individuals and Nonresident Institutions
for the privilege of borrowing Library Materials and accessing Library Services from the
department of public libraries.
Nonresident Volunteer. A Nonresident Individual, who has completed one hundred (100) hours
of volunteer service to the Fort Worth Public Library as a participant in the volunteer program. A
Nonresident Volunteer shall receive a maximum of one (1) library card entitling the volunteer to
borrow Library Materials or use Library Services free of charge during the time that the card is
valid. Such card shall be valid for one (1) year following completion of the above one hundred
(100) hours of volunteer service and may be renewed upon completion of an additional one
hundred (100)hours of such volunteer service.
SECTION 2.
Chapter 19, "Libraries", of Article II, "Department of Libraries", Section 19-17, "Duties of
librarian", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended to
read as follows:
Sec. 19-17.- Duties of librarian.
The librarian shall have charge of the central library and all branch libraries and shall be
responsible for the care, classification and arrangement of all Library Materials, and keep same
catalogued and indexed consistent with approved library techniques and practices. The librarian
Ordinance No. 20993-10-2013
Page 2 of 6
shall promptly report any delinquencies, keep exact account of all moneys from all Oocs and
other amounts collected by the department process all moneys received in accordance with
established city policies, and perform and discharge such other duties as may be prescribed by the
city manager. The |ihnadao aba|\ be responsible to the city rounugcr for administration and
implementation ot the policies established hY the city council for the operation of the department
of public libraries.
SECTION 3.
Chapter lV, ^^[ihrudem", of Article U. "Department ofLjhrodeo", Section |9'l8, "Appointment ot
employees", of the Code of the (]1y of Fort Worth, Texas (1986)` as un000dcd' is hereby further uoucoded
\o read aa boUovvm:
Sec. l940' - Appointment ofemployees.
The librarian shall have the power to appoint, employ and remove such assistants, employees and
pn,snnoc) as deemed necessary for the ofUoieo\ udcuioiyiradoo of the affairs of the department of
public libraries, and to proyodbc and fix their duties, scope m/ uu\bolity and qualifications in
accordance with the annual budget of the department of public libraries as finally adopted by the
city council and the classification arid oornpnuaudon plan established by the city owuuoi\. All
assistants, employees and personnel of the department of public libranies shall be governed bythe
aonoe p*raouoo| rules and o|uooiGouboo and oonopoomxdon plan as is established for all other
employees o[the city.
SECTION 4.
Chapter 19, ^'Librodeu", o[Article Il, "Department of Libraries", Section 19-23, ^`lliegu) removal
of materials; Dne`, o[the Code o[the City o[Fort Worth, Texas (l90h). uaamended, iy hereby further
amended to read uafollows:
Sec. Ig-23' - Illegal removal oK library materials; fine.
Every person who shall take or boom* from o branch of the Fort VVoctb Public Library any
Library Matedu|o except through the customary check-out procedure of such library, ubu|1 he
deemed guilty of odadcnoeanor and, upon conviction thereof, shall he uu6ieoi to punishment as
provided in aeodou 1-6 of this Code. Any Oncy under such acobou ubuU not preclude the library
ammouuiog and collecting all Gnoa 0000u||y assessed by it for each day's violation of its rules,
including the rep|oocrucut ooa1 of the unzotucued property and associated teca as oc( bu7b in the
Library's Circulation Policy.
Ordinance No. 2OpV2'l0-20l3
Page 2uf6
SECTION 5.
Chapter 19, "Libraries", of Article II, "Department of Libraries", Section 19-24, "Overdue
borrowed materials; fines", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby
further amended to read as follows:
See. 19-24.- Overdue borrowed library materials; fines.
Every person taking or bon-owing from a branch of the Fort Worth Public Library any Library
Materials according to the customary check-out procedure of such library, who has not returned
the same by the due date thereof, and who shall neglect, refuse or fail to return the same within
two (2) weeks after the date of the mailing of a notice by certified mail, return receipt requested,
to the address noted on the current library card of the person taking or borrowing the same, shall
be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine as
provided in section 1-6 of this Code for each offense. Such fine shall not preclude the library
assessing and collecting all fines normally assessed by it for each day's violation of its rules,
including the replacement cost of the unreturned property and associated fees as set forth in the
Library's Circulation Policy. For purposes of such notification, it shall be the responsibility of
each person so taking or borrowing property to immediately notify the library of any change of
address, and in case of the library notifying such person pursuant to this section, he shall be
presumed to have received such notice if the library has not been advised of a change of address.
SECTION 6.
Chapter 19, "Libraries", of Article II, "Department of Libraries", Section 19-25, "Defacing
library materials; fine", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby
further amended to read as follows:
See. 19-25. -Defacing library materials and property; fine.
Every person who shall intentionally or knowingly cut, mutilate, mark, tear, write upon, deface or
otherwise injure, in whole or in part, any Library Materials belonging to the city department of
public libraries, or shall intentionally or knowingly permit any such injury to be inflicted while
such property is in his custody, or shall intentionally or knowingly injure any of the furniture or
property in any building or branch of the Fort Worth Public Library, or shall intentionally or
knowingly mark or deface or in any way injure the Fort Worth Public Library or any branch
thereof, or any fixtures therein or appertaining thereto, shall be deemed guilty of a misdemeanor
and, upon conviction thereof, be subject to punishment as provided in section 1-6 of tl-ds Code. A
fine Linder such section shall not preclude the library assessing and collecting all fines normally
assessed by it for each day's violation of its rules, including the replacement cost of the injured or
Ordinance No. 20993-10-2013
Page 4 of 6
destroyed property and associated fees as set forth in the Library's Circulation Policy.
SECTION 7.
Chapter 19, "Libraries", of Article 11, "Department of Libraries", Section 19-26, "Use of library
by nonresidents", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further
amended to read as follows:
See. 19-26.- Use of library by nonresidents.
(a) Nonresidents Individuals and Nonresident Institutions shall pay a Non-resident User Fee in
order to borrow Library Materials or use Library Services of the Fort Worth Public Library.
This -fee shall not apply to Non-resident City Employees, Non-resident Donors, Nonresident
Students and Nonresident Volunteers.
(b) Payment of Non-resident Individual and Nonresident Institution user fees shall not preclude
payment of any regularly assessed fees which may be required for the use of Library
Materials or Library Services.
(c) The Library Director shall establish a schedule of user fees for Nonresident Individuals and
Nonresident Institutions.
(d) Nonresident status, and other policies relating to this section, shall be determined according
to procedures established by the Fort Worth Public Library.
SECTION 8.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort
Worth, Texas, (1986), as amended, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordunanccs and such Code, in which event conflicting provisions of such ordinances
and such Code are hereby repealed.
SECTION 9.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or
section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remain=ing 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.
Ordinance No. 20993-10-2013
Page 5 of 6
SECTION 10.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of the City,
that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances,
same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts.
SECTION 11.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined an amount
not exceeding five hundred dollars ($500.00) for each offense. Each day that a violation exists shall
constitute a separate offense.
SECTION 12.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and
penalty of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by Section 52.013 of the Texas Local Government Code; Chapter XXV of the Charter of the
City of Fort Worth; and section 34-205 of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 13.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney ary J. Ka s,,/C$ y S dretary
ADOPTED and EFFECTIVE: October 15, 2013
Ordinance No. 20993-10-2013
Page 6 of 6
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10115/2013 - Ordinance No. 20993-10-2013
DATE: Tuesday, October 15, 2013 REFERENCE NO.: **G-18037
LOG NAME: 84CHARTERFY2013
SUBJECT:
Adopt Ordinance Adding Section 19-15, Definitions and Policies to Provide Definitions and Amending
Sections 19-17, Duties of Librarian, 19-18, Appointment of Employees, 19-23, Illegal Removal of Materials,
Fine, 19-24, Overdue Borrowed Materials, Fines, 19-25, Defacing Library Materials, Fine and 19-26, Use of
Library by Nonresidents of Article ll, Department of Libraries, Chapter 19, Libraries of the Code of the City
of Fort Worth, Texas (1986), as Amended to Update Language to Reflect Management of Library Materials
and Uses to Provide a System for Processing Cash Receipts, and to Provide Flexibility in Setting Non-
Resident User Fees (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance adding Section 19-15, Definitions
and Policies to provide definitions and amending Sections 19-17, Duties of Librarian, 19-18, Appointment
of Employees, 19-23, Illegal Removal of Materials; Fine, 19-24, Overdue Borrowed Materials; Fines, 19-
25, Defacing Library Materials; Fine and 19-26, Use of Library by Nonresidents of Article ll, Department of
Libraries, Chapter 19, Libraries of the Code of the City of Fort Worth, Texas (1986), as amended, to
update language to reflect management of library materials and uses, to provide a system for processing
cash receipts, and to provide flexibility in setting nonresident user fees.
DISCUSSION:
Staff recommends the following amendments to Article ll, "Department of Public Libraries," Chapter 19,
"Libraries" of the Code of the City of Fort Worth, Texas (1986), as amended:
Section 19-15 - remove this reserved section from Article I "In General" and place it in Article II,
"Department of Public Libraries" to provide definitions and policies. The majority of this section was
moved from Section 19-26, Use of Library by Nonresidents;
Section 19-17 - allow library staff to deposit cash receipts directly to the bank utilizing a procedure
governed by administrative regulations;
Section 19-18 - update language to provide for the management of current Library Materials;
Section 19-23 - revise language to make it gender-neutral;
Sections 19-24 and 19-25 - remove listing of specific items subject to fines if not returned at the end of
the borrow period and replaces item list with defined term of"Library Materials" in order to ensure
inclusion of all current items available for borrowing; and
Section 19-26 - allow Staff flexibility in setting library fees through the budget process and provide library
fees for Nonresidents, with the exception of Nonresident City Employees, Nonresident Donors,
Logname: 84CHARTERFY2013 Page 1 of 2
Nonresident Students, and Nonresident Volunteers. As noted above, the majority of the definitions and
policies subsection of Section 19-26 has been moved to Section 19-15.
The impact on revenue is minor as the library only collects a few thousand dollars annually from
nonresident fees. Adoption of the attached ordinance will authorize the Library Director to implement
these changes.
FISCAL INFORMATION / CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Gleniece Robinson (7706)
Additional Information Contact: Adam Wright (8522)
Logname: 84CHARTERFY2013 Page 2 of 2