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14-64 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-64 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REPEALING EXISTING SECTION 1.04.001, "TIME LIMIT FOR SPEAKING AT CERTAIN MEETINGS" OF ARTICLE 1.04, "BOARDS, COMMISSIONS AND COMMITTEES," OF CHAPTER 1, "GENERAL PROVISIONS," OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, AND REPLACING IT WITH A NEW DIVISION 1, ENTITLED "LIBRARY BOARD" OF SAID ARTICLE AND CHAPTER; GENERALLY PROVIDING FOR THE LIBRARY BOARD'S NUMBER OF MEMBERS, TERMS OF OFFICE, VACANCIES, SELECTION OF CHAIR AND VICE-CHAIR, MEETINGS, AND POWER AND AUTHORITY, AMONG OTHERS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABLITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, in the past the Town Council of the Town of Prosper, Texas ("Town Council"), previously has appointed members to the Library Board ("Board"), and approved Bylaws related to said Board; and WHEREAS, recently the Board has requested to clarify its adopted Bylaws and wishes to provide for a Prosper Independent School District-selected, non-voting member who shall act as a liaison between the Board and the School District; and WHEREAS, the Town Council has determined that the additional non-voting member would be of benefit to both the Town and the Prosper Independent School District, and fully supports the creation of such a position; and WHEREAS, it is the desire of the Town Council to provide for the codification of the provisions related to the Board, which provisions now are found in the Board's Bylaws, and to place said Board in a status similar to other Town boards and commissions; and WHEREAS, the Town Council further has determined that the Board's powers and authority should be clear, and contained in the Town's Code of Ordinances, which Code is readily available to the public. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Section 1.04.001, "Time limits for speaking at certain meetings," of Article 1.04, "Boards, Commissions and Committees," of Chapter 1, "General Provisions," of the Town's Code of Ordinances is hereby repealed in its entirety and replaced with a new Division 1, "Library Board," of said article and chapter, and to read as follows: "ARTICLE 1.04 BOARDS, COMMISSIONS AND COMMITTEES Division 1. Library Board Sec. 1.04.001 Establishment There is hereby created and established within the Town a Library Board which shall be subject to the jurisdiction of the Town Council and shall constitute an advisory board to the Town Council. Sec. 1.04.002 Number of members (a) The Library Board shall be composed of seven (7) members appointed by the Town Council. Members of the Library Board shall be a resident of the Town or reside within the Town's extraterritorial jurisdiction. (b) The members shall serve at the pleasure of the Town Council and may be removed at the discretion of the Town Council. (c) Prosper Independent School District (PISD) shall appoint a non-voting member to the Library Board, with said member to serve as a liaison between the Library Board and PISD. The PISD liaison is not required to meet the eligibility requirements established by the Town Council for Town boards and commissions, does not have a term of office, may not vote, and may not serve as an officer of the Library Board. Sec. 1.04.003 Term of office The term of office of each Library Board regular member shall be two (2) years. Places 2, 4, and 6 shall be appointed in even-numbered years, and Places 1, 3, 5, and 7 shall be appointed in odd-numbered years. Sec. 1.04.004 Chair/Vice-Chair/Quorum and Procedure (a) The Library Board shall have a Chair and Vice-Chair whose terms shall be one (1) year, but not more than two (2) consecutive terms in one office and no regular member shall serve for a total period of more than two (2) consecutive years as Chair or Vice-Chair. (b) At the first scheduled meeting of the Board in October of each year, or as soon as practicable, the first item of business shall be the selection of the Board's Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by a majority vote of the Board. Four (4) regular members of the Library Board shall constitute a quorum for transaction of business. (1) The Chair shall preside over meetings and shall be entitled to vote upon each issue. (2) The Vice-Chair shall assist the Chair in directing the affairs of the Library Board. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair. (3) In the event of resignation or incapacity of the Chair; the Vice-Chair shall become the Chair for the unexpired portion of the term. Ordinance No.14-64,Page 2 (4) A vacancy of the office of Vice-Chair shall be filled for the unexpired term by special election of the Board. (5) The Chair shall preside at all meetings; represent the Library Board at public functions of the Town of Prosper and at events such as special Library events, local, state, or national advocacy activities for the Library or for local, state, or national association activities; appoint standing, special, or ad hoc committees; assist the Library Director in establishing the agenda for each meeting (agenda items requested by any Library Board member will be included); and act as liaison with the Town Council regarding library issues. (6) The Vice-Chair shall assist the Chair in directing the affairs of the Library Board and act in the Chair's absence; and serve as Chair of ad hoc or special committees or projects such as Chair of an advocacy initiative. (c) A simple majority of the regular members shall constitute a quorum at all meetings of the Library Board. If a quorum is not present, the meeting shall be cancelled. All questions presented for a vote of the Library Board shall be decided by a simple majority of the quorum, including the vote of the Chair. Robert's Rules of Order, Newly Revised, shall govern the parliamentary procedure of the Library Board in all cases to which they are applicable. Sec. 1.04.005 Meetings The regular meeting of the Library Board shall be held monthly, at a time designated by the Library Board, in the Library or such other place the Library Board may determine and at such other times as the Library Board, Town Council, and/or the Library Director deem necessary and appropriate. All meetings shall be held in a public place with public notice as prescribed by law. Sec. 1.04.006 Absences Library Board regular members are expected to maintain regular attendance at meetings in accordance with the attendance policy established by the Town Charter and the Board and Commission Appointment Policies and Procedures. Sec. 1.04.007 Powers and authority Library Board members provide opinion, support, and expertise as needed, but do not have governing authority. Library Board members shall: (1) Provide advice and counsel to the Library Director, Executive Director of Development and Community Services, the Town Manager, and the Town Council, as requested, in matters relating to the services rendered by the Library. (2) Study the need for, and encourage the development of, adequate Library facilities. (3) Recommend general policies of Library service for approval by the Town Council. (4) Recommend to the Town Council suggested programs for the development of Library facilities and necessary financial support for those facilities. (5) Receive, in the name of and for the Town, donations, gifts, and bequests whether of land, money, securities, books, and manuscripts, collections of historical Ordinance No.14-64,Page 3 nature or materials, or local historical relics to be devoted to Library uses or purposes. (6) Make any recommendations to the Town Council regarding Library matters that it deems advisable. (7) Assist in strategic planning. (8) The Library Board shall develop for Town Council review the rules and regulations as may be prescribed by the Town Council for the conduct of its business. (9) Encourage in every possible way the development and advancement of the public library at local, regional, state, and national levels. (10) Participate in advocacy initiatives including, but not limited to, local issues, including funding issues and requests, state advocacy activities, and federal advocacy initiatives. Division 2. Reserved" SECTION 3 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 23rd DAY OF SEPTEMBER, 2014. ATTE T: Ray Smith, Mayor i Robyn Bat e, Town`Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Weleh, Town Attorney Ordinance No.14-64,Page 4