NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 1104

HOUSE BILL 1231

 

 

AN ACT TO AUTHORIZE THE COUNTY OF WAKE TO ESTABLISH AND OPERATE A COUNTY LIBRARY AND TO AUTHORIZE THE ESTABLISHMENT OF LIBRARY BRANCHES WITHIN INCORPORATED CITIES OF WAKE COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. Wake County is hereby authorized to establish and support a public library system which shall be known as the "Wake County Library System" and shall be forever free to the inhabitants of the county. The library system shall consist of a main library and one or more branches to be maintained in a building or buildings which may be made available for such purposes by any of the municipalities located in the County of Wake. This Act shall be deemed to provide an additional and alternate method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to the powers conferred by other laws, and shall not be regarded as in derogation of or as repealing any powers now existing under any other law, either general, special or local.

Sec. 2. The County Commissioners of Wake County are authorized to levy upon all property taxable by the county a special library tax of not more than five cents (5¢) on each one hundred dollars ($100.00) in value of real and personal property for the purpose of supporting the Wake County Library System, provided that a majority of the qualified voters of the county voting in a special election called as provided herein shall approve the levy of such tax. The Board of County Commissioners is hereby authorized to call a special election at any time within two (2) years after the effective date hereof and may provide either of the following types of election:

A. An election in which said proposed library tax levy must be approved on a county-wide basis by a majority vote of the qualified voters of the county voting at said election. The ballot for such special election shall contain only one proposition similar to Proposition A as set out in Section 2.3 below.

B. An election in which said proposed library tax may be approved either on a county-wide basis by a majority vote of the qualified voters of the county voting at said election, or in which as a separate proposition a municipal library tax may be approved by a majority of the qualified voters in any one or more municipalities within said county, if a majority of the voters of the entire county should disapprove said special county library tax. The Board of Wake County Commissioners shall call for an election under this subparagraph only if one or more municipalities shall, by duly adopted resolutions, request that the voters within such municipality be permitted to vote upon a separate municipal library tax. The ballot for such election for the voters of any municipality requesting such election upon a municipal library tax shall contain two propositions in manner and form as set out in Section 2.3 below.

In the event that a majority of the voters within one or more of such petitioning municipalities within said county shall approve the levy of a municipal tax, but a majority of the qualified voters of Wake County shall disapprove the levy of a county library tax, then the governing board of such one or more municipalities shall be authorized to levy said special library tax for the support of a municipal library system, as provided in Article 8 of Chapter 160 of the General Statutes of North Carolina.

Sec. 2.1. Any municipality within Wake County may also call a special election for the purpose of approving the levy of a library tax as provided in Article 8 of Chapter 160 of the General Statutes of North Carolina. Such election may be held on the same date as any county-wide election called by the County Commissioners of Wake County as provided above.

Sec. 2.2. If either of the special elections provided hereinabove in Section 2 or Section 2.1 shall be called, such election or elections shall be held and notice thereof given and the result determined as provided in the County Finance Act for elections on bond orders.

Sec. 2.3. The proposition, or propositions to be submitted to the voters under provisions of this Act should be substantially similar to the following:

 

PROPOSITION A

 

Shall the qualified voters of the County of Wake approve the levy annually of a special library tax of not more than five cents (5¢) on each one hundred dollars ($100.00) in value of real and personal property for the purpose of supporting the Wake County Library System ?

 

PROPOSITION B

 

If a majority of the voters of Wake County voting in this election shall disapprove PROPOSITION A, shall the qualified voters of the City of ............................  approve the levy annually of a special library tax of not more than five cents (5¢) on each one hundred dollars ($100.00) in value of real and personal property for the purpose of supporting a municipal library system in accordance with the General Statutes of the State of North Carolina?

Sec. 3. The City of Raleigh is authorized to establish a main library building within its corporate limits to be used by the commission in connection with the county library system established by the county. The City of Raleigh and other municipalities of Wake County are authorized to establish branch library buildings within their corporate limits to be used by the commission for library purposes. Said municipalities are authorized to issue bonds or notes for the purpose of purchasing land and constructing buildings thereon or purchasing existing buildings and the land on which said buildings are situated and equipping any of said buildings for any of the purposes set out above and to that end may submit to the electors of the municipality, under the provisions of the Municipal Finance Act, the question of issuing bonds and notes for those purposes. Said municipalities may also lease land and buildings and otherwise acquire the same for library use, and shall place the same at the disposal of the commission. The exterior of the buildings so provided by municipalities for the use of the commission shall be maintained by the municipality and used by the commission rent free, but the county shall have the obligation of maintaining the grounds, the interior of the buildings and equipment in good repair and making such replacements to such equipment and interior as might be required to keep the same in good condition. Any municipality participating in the county library system by providing buildings and equipment for the use of the commission may withdraw from participation by giving one year's written notice to the commission of its intention so to do, and upon such withdrawal may take possession of the buildings and equipment furnished by it for the commission's use and make such disposition or use thereof as the law permits, but the equipment and furniture furnished by the county shall remain county property. Upon withdrawal, the commissioner or commissioners appointed to the Library Commission by the municipality withdrawing shall automatically cease to be a member or members of the Library Commission and in such event support from county funds shall cease.

Sec. 4. If the county library system shall be established by the county, as herein provided, the same shall be governed by a board of commissioners to be composed of five persons to be named by the Board of County Commissioners of Wake County, one person to be named by the governing body of the City of Raleigh for each separate library, if the City of Raleigh should participate in the county-wide library system by providing a central or branch library building or buildings, and one person by the governing body of each of the other municipalities in Wake County which shall participate in the library system by providing a branch library building or buildings to be used in connection therewith. Of the library commissioners first appointed by Wake County, two shall be appointed for a period of two (2) years; two for a period of four (4) years; and one for a period of six (6) years. Thereafter, their terms shall be for a period of six (6) years. Library commissioners appointed by the municipalities of the county shall be appointed for a period of six (6) years. The library commissioners so appointed shall continue to serve until their successors are appointed and qualified.

Vacancies occurring on the board shall be filled for the unexpired term by the appointment of the governing body of the appointing unit. Any member may be removed by the governing body appointing him for incapacity, unfitness, misconduct or neglect of duty. Members of the Library Commission shall serve without compensation.

Sec. 5. The Library Commission shall organize immediately after appointment and shall elect one of its members as chairman, one as secretary, and one as treasurer, and such other officers as it may deem necessary.

The Library Commission shall have the power:

(1)       To adopt such bylaws, rules and regulations for its own guidance and for the government of the library as may be necessary and in conformity with law.

(2)       To supervise and care for the rooms or buildings constructed, leased or set apart for library purposes.

(3)       To appoint a chief librarian and, upon recommendation of such librarian, assistant librarians and other employees, and to remove such librarians or employees; provided, that no vacancies existing or occurring in the position of chief librarian in such libraries shall be filled by the appointment or designation of any person who is not certified by the North Carolina Library Certification Board under the provisions of G. S. 125-9 or G. S. 125-10.

(4)       To recommend the compensation of the chief librarian and in consultation with such librarian to recommend the compensation of the assistant librarians and all employees of the library and to prescribe rules for their conduct.

(5)       To prepare the annual budget for the library for submission to the governing body of Wake County,

The Library Commission shall make an annual report to the governing body of the county covering the work of the library during the fiscal year.

Sec. 6. If a Library Commission is established by Wake County, the county is authorized to appropriate from the proceeds of the special tax funds the cost and expense of operation, providing funds for the purchase of books, the payment of salaries, making repairs and replacements to equipment, grounds, and the interior of the buildings used by the Library Commission, and to pay all other expenses incident and necessary to the operation of a modern and efficient library system.

Sec. 7. The Treasurer of the Library Commission, before entering upon his duties, shall give bond to the county in an amount fixed by the governing body of the county, conditioned upon the faithful discharge of his official duties. All moneys received for such library shall be paid into the county treasury, shall be earmarked for the use of the library, and shall be paid out on warrants signed by the county treasurer and countersigned by the county accountant: Provided, the countersigning officer shall countersign such warrants only when they are within the funds earmarked for the library and within the amount of appropriations duly made by the governing body of the county.

Sec. 7.1. In lieu of establishing a Library Commission as herein provided, the County of Wake, if it establishes a library system, may enter into a contract with existing libraries as provided in G. S. 160-74 and make appropriations for the support by contract from funds collected from the special tax levy herein authorized by county election.

Sec. 8. Any municipality in Wake County may accept any gift, grant, devise or bequest made or offered by any person for library purposes and may carry out the reasonable conditions of such donations consistent with the purposes of this Act.

Sec. 9. Title to all property given, granted or conveyed, donated, devised or bequeathed to, or otherwise acquired by any municipality for a library shall vest in and be held in the name of such municipality, and any conveyance, grant, donation, devise, bequest or gift to or in the name of the Wake County Library Commission shall be deemed to have been made directly to the Library Commission unless specifically otherwise provided.

Sec. 10. The use of every library established under this Article shall be forever free to the inhabitants of the county, subject to such reasonable rules and regulations as may be adopted by the Wake County Library Commission and approved by the governing body of the county.

Sec. 11. The Library Commission shall have the power to impose penalties for any damage to or failure to return any book, plate, picture, engraving, map, magazine, pamphlet, newspaper, manuscript, film, recording, audio-visual equipment, or other specimen, work of literature, or object of art or of curiosity belonging to such library.

Sec. 12. Whoever wilfully or intentionally fails to return to a public library any book, plate, picture, engraving, map, newspaper, magazine, pamphlet, manuscript, film, recording, or audio-visual equipment belonging to such public library within fifteen (15) days after the librarian has mailed or delivered in person notice in writing that the time for which such book, plate, picture, engraving, map, newspaper, magazine, pamphlet, manuscript, film, recording or audio-visual equipment may be kept under library regulations has expired, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than fifty dollars ($50.00) or imprisonment for not more than thirty (30) days; Provided, that the notice required by this Section shall bear upon its face a copy of this Section.

Sec. 13. If for any reason Wake County shall not establish a county library system pursuant to the authority herein contained, or if any municipality shall withdraw from participation in the county-wide library system, any of the municipalities of Wake County may exercise any of the powers conferred upon municipalities by the General Statutes of North Carolina and the proceeds from any bonds which may be authorized pursuant to this Act by any of the municipalities of Wake County may be used for the purchase of lands and the construction of buildings or for the purchase of buildings already constructed to establish a library system for the use of the residents of the municipality authorized to issue said bonds. Such municipality may create a board of trustees consisting of not more than twelve members.

Sec. 14. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 15. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 21st day of June, 1963.