TITLE V HUMAN DEVELOPMENT – EDUCATION AND CULTURE
CHAPTER 1 LIBRARY SERVICES
5-1-1 – Public Library
5-1-2 – Library Trustees
5-1-3 – Qualifications of Trustees
5-1-4 – Organization of the Board
5-1-5 – Powers and Duties
5-1-6 – Power to Contract with Others for the Use of the Library
5-1-7 – Non-Resident Use of the Library
5-1-8 – Library Accounts
5-1-9 – Annual Report
There is hereby established a free public library for the City, to be known as the
Fertile Public Library.
The board of trustees of the Fertile Public Library, hereinafter referred to as the board, consists of five (5) members. All resident board members are to be appointed by the Mayor
with two (2) board members shall be non-residents, appointed by the mayor with the
approval of the City Council. (Code of Iowa, Sec. 392.5)
All of the members of the board shall be bona fide citizens and residents of the
City. The non-resident members of the board shall be bona fide citizens and residents
of Worth County. All board members shall be over the age of eighteen (18).
- Terms of office. All appointments to the board shall be for three (3) years, except
to fill vacancies, terms shall commence on the first day of the fiscal year, July
- Vacancies. The position of any trustee shall be declared vacant if said trustee
moves permanently from the City or if said trustee is absent from six (6) consecutive
regular meetings of the board, except in the case of sickness or temporary absence
from the City. Vacancies in the board shall be filled by the City Council, and the
new trustee shall fill out the unexpired term for which the appointment is made.
- Compensation. Trustees shall receive no compensation for their services. (Code of Iowa Sec. 336.7)
The board shall have and exercise the following powers and duties:
- To meet and elect from its members a president, a secretary, and such other officers
as it deems necessary.(Code of Iowa Sec. 336.8(1)
- To have charge, control and supervision of the public library, its appurtenances,
fixtures and rooms containing the same.(Code of Iowa Sec.336.8(2)
- To direct and control all the affairs of the library.
- To employ a librarian, and authorize the librarian to employ such assistants and
employees as may be necessary for the proper management of the library, and fix
their compensation; provided, however, that prior to such employment, the compensation of the librarian, assistants and employees shall have been fixed and approved by a majority of the members of the board voting in favor thereof.(Code of Iowa Sec. 336.8(3)
- To remove by a two-thirds vote of the board the librarian and provide procedures
for the removal of assistants or employees for misdemeanor, incompetency or inattention to duty, subject, however, to the provisions of Chapter 35C, Code of Iowa. (Code of Iowa Sec. 336.8(4)
- To select, or authorize the librarian to select, and make purchases of books, pamphlets,
magazines, periodicals, papers, maps, journals, other library materials, furniture,
fixtures, stationery and supplies for the library within budgetary limits set by
the board.(Code of Iowa Sec. 336.8(5)
- To authorize the use of the library by non-residents of the City and to fix charges
therefor.(Code of Iowa Sec. 336.8(6)
- To make and adopt, amend, modify or repeal rules and regulations, not inconsistent
with Ordinances and the law, for the care, use, government and management of the
library and the business of the board, fixing and enforcing penalties for violations.(Code of Iowa Sec. 336.8(7)
- To have exclusive control of the expenditure of all funds allocated for library
purposes by the City Council, and of all monies available by gift or otherwise for
the erection of library buildings, and of all other monies belonging to the library
including fines and rentals collected, under the rules of the board.(Code of Iowa Sec.336.8(8)
- To accept gifts of real property, personal property, or mixed property, and devises
and bequests, including trust funds; to take the title to said property in the name
of the library; to execute deeds and bills of sale for the conveyance of said property;
and to expend the funds received by them from such gifts, for the improvement of
the library. (Code of Iowa, Sec. 336.8(9)
- To keep a record of its proceedings.
- To enforce the performance of conditions of gifts, donations, devises and bequests
accepted by the City. The board shall enforce performance by taking action against
the City Council.
- To have authority to make agreements with the local County historical associations,
where such exists, and to set apart the necessary room and to care for such articles
as may come into the possession of the association. The trustees are further authorized
to purchase necessary receptacles and materials for the preservation and protection
of such articles as are in their judgment of a historical and educational nature
and pay for the same out of funds allocated for library purposes.(Code of Iowa Sec. 336.17)
- Contracting. The board may contract with any other boards of trustees of free public
libraries, any other City, school corporation, private or semi-private organization,
institution of higher learning, township, or County, or with the trustees of any
County library district for the use of the library by their respective residents.
(Code of Iowa, Sec. 336.18 (I))
- Termination. Such a contract may be terminated at any time by mutual consent of
the contracting parties. It also may be terminated by a majority vote of the electors
represented by either of the contracting parties. Such a termination proposition
shall be submitted to the electors by the governing body of a contracting party
on a written petition of not less than five (5) percent in number of electors who
voted for governor in the territory of the party at the last general election. The
petition must be presented to the governing body not less than forty (40) days before
the election. The proposition may be submitted at any election provided by law that
is held in the territory of the party who is seeking to terminate the contract.
(Code of Iowa, Sec. 336.18(2)(a and b))
The board may authorize the use of the library by non-residents in any one or more
of the following ways:
- By lending the books or other materials of the library to non-residents on the same
terms and conditions as to residents of the City, or upon payment of a special non-resident library fee.
- By establishing depositories of library books or other materials to be loaned to
- By establishing bookmobiles or a traveling library so that books or other library
materials may be loaned to non-residents.
- By establishing branch libraries for lending books or other library material to
All money appropriated by the council for the operation and the maintenance of the
library shall be set aside in an account for the library. Expenditures shall be
paid for only on the orders of the board, signed by its president and secretary.
The check writing officer is the librarian.
The board shall make a report to the City Council immediately after the close of
the municipal fiscal year. This report shall contain statements of the condition
of the library, the number of books added thereto, the number circulated, the amount
of funds collected, and the amount of money expended in the maintenance of the library
during the year, together with such further information required by the City Council.
Editor’s Note: The Council may retain the power to hire, discharge, set salaries,
expend funds unless the library board was in existence prior to July 1, 1974. (See
Sections 5-1-5(4), 5-1-5(5), 5-1-5(9) and 5-1-8)
Any proposal to alter the composition, manner of selection, or charge of a library
board, or to replace it with an alternate form of administrative agency, is subject
to the approval of the voters of the City. See Code of Iowa, Sec. 392.5.