Chapter 12 · Public Property

Article 4. City Library

Sections 12-401 to 12-411 · 11 sections

12-401 City library established.

The library of the city shall be known as “The Russell City Library.”

(Code 1973, 12-401)

12-402 Corporate status of board; powers.

The library board shall constitute a body corporate and politic, possessing the usual powers of a corporation for public purposes, under the name and style of “The Board of Directors of the Russell City Library” and under such name may contract, sue and be sued and acquire, hold and convey real and personal property in accordance with law. The acquisition or disposition of real property shall be subject to the approval of the governing body.

(K.S.A. 12-1223; Code 1973, 12-402)

12-403 Board; appointment; terms; eligibility; vacancies; expenses.

The library board shall consist of seven members who shall be appointed by the mayor with the approval of the council. Members shall be appointed for four year terms expiring on successive years on April 30th or his or her successor takes office. Two members shall be appointed each year except that every fourth year only one member shall be appointed. In addition to the appointment of each member of the board, the mayor of the city shall be ex-officio a member of the library board with the same powers as appointed members; but no person holding any office in the city shall be appointed a member while holding such office. All members appointed to the library board shall be residents of the city. Vacancies occasioned by removal from the city, resignation or otherwise shall be filled by appointment for the unexpired term. No person who has been appointed for two consecutive four year terms to the library board shall be eligible for further appointment to such board until two years after the expiration of the second term. A member of the board who has been appointed to fill an unexpired four year term and who serves more than one-half of said term shall be deemed to have served the full term for reappointment qualification purposes. Members of the library board shall receive no compensation for their services as such but shall be allowed their actual necessary expenses in attending meetings and in carrying out their duties as members.

(K.S.A. 12-1222; Code 1973, 12-403; Ord. 1563; Code 2018)

12-404 Officers of board; meeting; notice.

The members of the library board shall at the first regular meeting in February of each year, meet and organize by the election of a chairperson, a secretary, a treasurer and such other officers as they may deem necessary. The board shall fix the date and place of its regular meeting and special meetings may be called by the chairperson or upon written request of a majority of the members. Written notice, stating the time and place of any special meeting and the purpose for which called, shall unless waived, be given each member of the board at least two days in advance of such meeting, and no business other than that stated in the notice shall be transacted at such meeting.

(K.S.A. 12-1224; Code 1973, 12-404; Code 2018)

12-405 Powers, duties of board.

The library board shall have the following powers and duties:

(a)To make and adopt rules and regulations for the administration of the library;

(b)With the approval of the governing body of the city, to purchase or lease a site or sites and to lease or erect a building or buildings for the use of the library;

(c)To acquire by purchase, gift or exchange, books, magazines, papers, printed materials, slides, pictures, films, projection equipment, phonograph records and other material and equipment deemed necessary by the board for the maintenance and extension of modern library service;

(d)To employ a librarian and such other employees as the board shall deem necessary and remove them and to fix their compensation;

(e)To establish and maintain a library or libraries and traveling Library service within the city or within any other city with which service contract arrangements have been made;

(f)To contract with other libraries established under the provisions of this act or with the governing body of a city not maintaining a public library for the furnishing of library service to the inhabitants of such city to the extent and upon such terms as may be agreed upon, and to contract with any school board to furnish library service to any school library or to use the library facilities of the public school to supplement the facilities of the public library;

(g)To receive, accept and administer any money appropriated or granted to it by the state or the federal government or any agency thereof for the purpose of aiding or providing library service;

(h)To receive and accept any gift or donation to the library and administer the same in accordance with any provisions thereof;

(i)To make annual reports to the state librarian and the governing body of the city on or before January 31st of each year for the preceding calendar year, showing receipts and disbursements from all funds under its control, and showing such statistical information relating to library materials acquired and on hand, number of library users, library services available, and other information of general interest as the governing body may require;

(j)As to money received from sources other than a tax levy for library purposes, in its discretion, to place such money in a separate fund or funds, or to place the money in the fund to which the tax levy money is credited unless the grantor or donor shall direct how and for what purpose the money shall be handled and spent.

(K.S.A. 12-1225; Code 1973, 12-405)

12-406 Treasurer of board; bond; duties.

The treasurer of the library board shall give bond in the amount prescribed by sections 1-603 and 1-605 of this code for the safekeeping and due disbursement of all funds that may come into his or her hands as such treasurer. The bond shall be filed with the city clerk. Except where otherwise provided by law, the treasurer of the city shall pay over to the treasurer of the library board all funds collected for the maintenance of the library, and the treasurer of the library board shall payout the funds on orders of the board signed by the secretary and chairperson thereof. Such treasurer shall keep an accurate record of all moneys received and disbursed by him or her and make a report thereof to the library board monthly, or as often as the board shall require.

(K.S.A. 12-1226; Code 1973, 12-406)

12-407 Use of library; rules, regulations.

The city library shall be free to the use of the inhabitants of the city, subject always to reasonable rules and regulations as the library board may adopt, and the board may exclude from the use of the library any and all persons who shall willfully violate such rules. The library board may extend the use and privilege of the library to nonresidents of the city and may make exchanges of books with any other library upon such terms and conditions as the board may from time to time by its regulations prescribe.

(K.S.A. 12-1227; Code 1973, 12-407)

12-408 Trespass; damage to library property.

It shall be unlawful for any person to willfully injure or damage any building owned or occupied by the city library or to injure or fail to return any book or other library material belonging to the library.

(K.S.A. 12-1228; Code 1973, 12-408)

12-409 Removal of library property.

It shall be unlawful for any person to take from the library or any premises thereof any book, map, plat, chart, picture or other personal property belonging to or under control of the library except with the permission of the librarian or person or persons in charge thereof, and in compliance with the rules of the library or to retain such book, map, plat, chart or other personal property in his or her possession or keep the same out of the library for a longer period of time than that designated on each book or date card.

(K.S.A. 12-1228; Code 1973, 12-409)

12-410 Chief of police shall notify.

Upon complaint to the chief of police by the librarian or person, or persons in charge of the library of the violation of the rules as referred to in this article, the chief of police shall notify the person accused of the violation and if restitution is not made within five days from the date of the notification by the chief of police, the librarian may file a complaint in the municipal court charging the person with the violations and a warrant shall be issued for the accused and upon conviction he or she shall be punished as hereafter provided.

(Code 1973, 12-410)

12-411 Penalty.

Any person violating any provisions of this article shall be fined not less than $50 nor more than $500.

(Code 1973, 12-411; Code 2018)