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2006-305S10ur Documents\0rdinanceA6\Library Amendments.doc ORDINANCE NO. 2A9k ",305'" AN ORDINANCE AMENDING ARTICLE V, LIBRARY, OF CHAPTER 2 OF THE CITY CODE ESTABLISHING OPERATING POLICIES AND PROCEDURES; ESTABLISHING FEES FOR FULL ACCESS LIBRARY CARDS FOR NON-RESIDENTS AND STUDENTS AND FOR LIMITED ACCESS PUNCH CARDS; ESTABLISHING ADDITIONAL REQUIREMENTS FOR RETURN OF BORROWED MATERIALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR EACH VIOLATION NOT TO EXCEED $500; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager and the Director of Libraries have recommended certain changes to Article V "Library" of Chapter 2 of the City Code regulating the purchase of full access and limited access punch cards, the return of borrowed materials, and making certain other changes regarding charges for library cards for students and certain non-residents; and WHEREAS, the City Council has determined that these changes to Article V "Library" of the City Code are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Sections 2-157 and 2-158, of Article V Library, of Chapter 2 of the City Code are hereby amended to read as follows: ARTICLE V. LIBRARY DIVISION 1. GENERALLY Sec. 2-157. Library cards. An adult applicant is eligible for a library card free of charge upon making proper application if they reside within the city limits of the City of Denton, Texas. City employees and non-residents who own real property within %the city limits and non-residents who operate a business within the City limits and who render business personal property for ad valorem taxes and who pay those taxes will also be eligible to obtain a library card free of charge. An annual non-resident fee of fifty dollars ($50.00) shall be charged for those living outside of the city limits of Denton, Texas who wish to purchase full access to library services. The non-resident fee will be charged per household and not penperson. The non-resident applicant shall have the burden of proving real property ownership, rendition and payment of personal property taxes for taxation purposes and household membership which will be determined by proof of residency. A nonresident individual who is currently enrolled full time in grades 1 through 12 in a formally recognized or accredited public, private or parochial school or who is being home schooled in accordance with the requirements of the Texas Education Code may purchase full access to library services for thirty dollars ($30.00). University, college, community college and other students not meeting this criteria are not eligible for this card. Limited access punch cards which allow nonresidents to borrow up to 15 items may be purchased for fifteen dollars ($15.00) and S.AOur DocumentsVOrdinancesV06A1_ibrary Amendments.doc those which allow nonresidents to borrow up to 30 items may be purchased for twenty dollars ($20.00) per year. The annual fee may be amended and changed by the city council as is deemed necessary. See. 2-158. Return of borrowed materials. It is unlawful for any person, including the parent or guardian of a child under the age of seventeen (17) years who shall take or borrow from the public library any book, VHS video, CD, pamphlet, periodical, paper or other property, to neglect, refuse or fail to return the property within twenty-one (21) days (fourteen (14) days for DVD video) of the date noted on the charge receipt at the time of check out. A notification will be sent to his or her address, telephone number or email address as noted on the current customer record after the item has been overdue for five days. SECTION 2. A person violating a provision of this Ordinance may be fined up to a maximum fine of five hundred dollars ($500.00). A person is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. All provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 7 day of 2006. PE R. MCNEILL, MAYOR - F - ATTEST: JENNIFER WALTERS, CITY SECRETARY By - Page 2 of 3 SAOur Documents\Ordinances\WLibrary Amendments.doc APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 3 of 3