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over, and exclusive control of, the library fund hereinafter provided for,
and of the expenditure of all moneys collected to the credit thereof. They
shall have power and it shall be their duty to establish in said city and
throughout the county within which is situated said library reading rooms,
branch libraries and library stations in connection with said library, and
to lease and furnish said rooms, buildings or parts thereof as are required
for such purposes, and to pay all neccessary expenses connected there-
with. They shall have power, and it shall be their duty to purchase and
pay for all books, periodicals, magazines and other literature and supplies
necessary in their judgment, for said public library, reading rooms, branch
libraries and library stations, and to incur the necessary expenditures
for the encouragement and advancement of the best use of such library,
reading rooms, branch libraries and library stations by the public ; all
such purchases, payments and expenditures to be made out of said library
fund hereinafter provided for.

[Employment of librarian and assistants.] They shall have
power, and it shall be their duty, to employ a librarian, assistant librarians,
and other necessary assistants for such public library, reading rooms,
branches and stations, to fix the compensation of persons so employed,
and to pay the same out of said library fund. Said library board may
fix the term of any such person employed by them for any period not to
exceed one year. [93 v. 193.]

Sec. 3999c. [Tax for library purposes in Cincinnati.] For the

purpose of increasing, maintaining and managing the public library in
cities of the first grade of the first class, for which a board of trustees
shall have been appointed, as provided in section 3999. the said board of
trustees may levy annually a tax of not exceeding five-tenths of a mill
on each dollar valuation of the taxable property of the county wherein
is situated such city, to be assessed, collected and paid in the same manner
as are other taxes levied throughout the county. Said levy shall be certi-
fied by said board of trustees to the auditor of the county in which said
city is situated, and shall be placed by the auditor on the tax duplicate and
collected as such taxes. The money realized from said levy, and all
moneys received and collected by said trustees for the library, shall be
placed in the treasury of said county, subject to the order of said board of
trustees of said librarv. Said fund shall be known as the library fund of


said county, of which the county treasurer shall he the custodian, and no
money shall be drawn therefrom, except upon the requisition of the board
of trustees of said library, certified by the president and secretary of
said board, directed to the county auditor, who shall draw his warrant
iipon the county treasurer therefor. Any part of said funds unexpended
during any year shall remain to the credit of said library fund. [94 v.
204 ; 93 V. 194.]

Sec. 3999d. [Disposition of unexpended funds heretofore raised
for library purposes in Cincinnati.] The amount of any fund hereto-
fore raised by a levy of tax by the board of education in such city for
school library purposes, and all library funds remaining unexpended,
shall be transferred from the respective funds to the library fund herein
created, to be expended and paid out as herein provided for funds pro-
duced by a levy made by said board of trustees, and any and all funds,
bonds, stocks or other species of property held by the board of education
of such city, or by any of the departments of such city for the benefit of
the public library thereof, shall be transferred to the board of trustees of
such public library, to be held and controlled by them subject to the terms
of the respective donations. [93 v. 194.]

Sec. 3999e. ["Who are ineligible as members of library board.]
No member of aujy of the boards exercising the power of appointment
of the trustees of the public library, as provided in section 3999, shall be
appointed or elected a member of said library board. (94 v. 204.)

Sec. 4000. [Cleveland public library board.] The public library
board of the city of Cleveland shall consist of seven suitable persons,
residents of said city, no one being a member or officer of the board of
education. The members of the library board shall serve without com-
pensation, and hold their offices for three years, and until their successors
shall have been elected and qualified, except that at the first election two
of the board shall be elected for one year, two for two years, and three
for three years. After said first election so many shall be elected each
year as equals the number whose term expires that year. They shall be
elected by roll-call as in other cases, by the board of education of the
city of Cleveland, at its first regular meeting after the third jMon'day of
April, 1886, and annually thereafter as hereinbefore provided. The board
of education shall have power at any time to fill vacancies in the library
board for unexpired terms by election as aforesaid. (1886, April 28:
83 V. 104; 80 V. 172; Rev. Stat. 1880; 75 v. loi, sec. i.)

Sec. 4001. [Powers and duties of Cleveland library board.]
Such library board shall report in writing to the board of edifcation once
each year, aitd oftener if required by the latter, shall have exclusive
charge and control of the public library of the city, and shall have full
power to make all rules and regulations for the government and manage-
ment thereof ; to employ a librarian and such assistance and helps as may


be needed for the care and protection! of the Hbrary, and to attend to the
drawing and return of books; but prior to such employment the com-
pensation of such hbrarian, assistants and help, shall be fixed by the li-
brary board, by a majority of the members thereof voting in favor of
such compensation, on roll-call by the secretary, and such librarian, as-
sistants and help shall be employed by a vote in the same manner. ( 1883,
April 18: 80 V. 172; 78 V. 132; Rev. Stat. 1880; 76 v. 50, sec. 2.)

Sec. 4002. [Library tax in Cleveand; how expended.] For the
purpose of increasing and maintaining the public library in said city, and
the territory thereto attached for school purposes, such library board may
levy annually a tax of six-tenths of one mill on each dollar valuation of
the taxable property of the city, and the territory thereto attached for
school purposes to be levied, collected and paid in the same manner as
are school taxes of the city ; all money appropriated, received or col-
lected by tax for the library, shall be expended under the direction of
the library board in purchasing such books, pamphlets, papers, maga-
zines, periodicals, journals and other property as may be deemed suit-
able for the public library, and in payment of all other charges and ex-
penses, including compensation for the librarian, assistants and help that
may be incurred in increasing and maintaining the library, and all claims
against said fund shall be approved by the president and secretary of said
library board and paid upon the warrant of the auditor of the board of
education in the manner now provided by law for the payment of claim-;
against said city. (94 v. 26; 91 v. 268, 123; 90 v. 96; 80 v. 172, 173;
Rev. Stat.' 1880; 76 v. 50, sec. 3.)

(4002 — i) Sec. I. [Cleveland library board to hold title and
control property.] Said library board, in its own name shall hold the
title to and have the custody, management and control of all property
of said library board, both real and personal, whether acquired hereto-
fore, or hereafter, and shall have power over, and the executive control
of the expenditures of moneys collected for the purpose of purchasinig
lands, and erecting buildings and also have complete custody, manage-
ment and control of all public libraries and branches and stations thereof,
and the reading-rooms connected therewith. (92 v. 590.)

(4002 — 2) Sec. 2. [Cleveland library board can purchase, lease,
or condemn property.] Said library board shall have power, by a two-
third vote of its members, entered upon its journal, to purchase grounds,
and erect suitable library buildings, and to lease grounds and suitable
library buildings and in case suitable grounds cannot be purchased, to con-
demn the grounds desired, by virtue of the power of eminent domain,
and erect thereon suitable and appropriate buildings for library use.
The title of such grounds so purchased or condemned and buildings
erected shall be taken to and vest in the said library board. (92 v. 590.)

(4002 — 3) Sec. 3. [Cleveland library board; proceedings to
condemn property.] When it is deemed necessary by said library


(board) to condemn or appropriate private property, whereon to erect
library buildings, said library board in making such appropriation shall
proceed in accordance with the provisions of section 2235 and subse-
quent sections found in chapter 3, division 7, title 12 of the Revised
Statutes of Ohio and acts amendatory thereof and supplementary thereto.
(92 V. 590.)

(4002 — 4) Sec. 4. [Cleveland library board may accept dona-
tions.] Said board may by resolution accept any gift, devise or be-
quest of property, real and personal, for the benefit of the library. (92
v. 590.)

(4002 — 5) Sec. 5. [Property exempt from tax and execution.]

All property, real or personal, vested in any public board shall be exempt
from taxation and from sale on execution or other writ or order in the
nature of an execution. All conveyances made by such library board
shall be executed by the president and secretary thereof. (92 v. 590.)

(4002 — 6) Sec. 6. [Cleveland library board; oath of members.]
Each person appointed a member of such board shall, upon entering under
the duties of his office, take an oath, or affirmation, to obey the consti-
tution of the United States and the constitution of the state of Ohio, and
that he will faithfully perform the duies of his office. (92 v. 590.)

(4002 — 7) Sec. 7. [Cleveland library board; organization.]
Said library board at its first meeting in June after the passage of this
bill, and annually thereafter in June, shall organize by choosing a presi-
dent, a vice president, and a secretary, and in the absence of the president
or his inability to act, the vice president shall perform the duties of the
president. (92 v. 590.)

(4002 — 8) Sec. 8. [Cleveland library 6oard; annual report.]
Said library board shall make an annual report to the board of education
stating the condition of their trust, the various sums of money received
from the library fund ari)d from other sources and how much moneys have
been expended, and for what purposes ; the number of books and periodi-
cals on hand ; the number added by purchase, gifts or otherwise during
the year ; the number lost or missing, the number of books loaned out
and the general character of the books, with other statistics, information
and suggestions as they may deem of general interest. (92 v. 590- )

(4002 — g) Sec. 9. [Cleveland library board — no member to be
interested in contract, except; validity of contract.] No member of
such library board shall have any pecuniary interest, either directly or
indirectly, in any contract made with the board or be employed in any
manner or have any compensation from the board of which he is a rriem-
ber, except as secretary, and no contract shall be binding upon such board
unless it be made or authorized to be made at a regular or special meet-
ing of the board. (92 v. 590.)


(4002 — 10) Sec. 10. [Use of Cleveland library and reading-
rooms.] Every library and reading - room established under this act
shall be free to the use of the inhabitants of such city and those who
reside in the territory thereto attached for school purposes, subject, how-
ever, to such rules and regulations as the library board may deem neces-
sary to adopt and publish, to protect and preserve property therein in
order to render the use of said library and reading-room of the greatest
benefit to the greatest number ; and said library board may exclude and
cut off from the use of said library and reading-room any and all per-
sons who shall wilfully violate any of such rules and regulations. (92
V. 590.)

4C02 — II. Sec. II. [Cleveland library board may issue bonds to
pay for lands and buildings.] Said library board may issue bonds
with interest coupons attached, to obtain land and building for a public
library and to furnish the same and to pay the cost and expense thereof,
and in anticipation of income from taxes for such purposes levied or to
be levied, may from time to time, as occasion requires, or at any time
after the passage of this bill, issue and sell bonds, bearing interest, pay-
able semi-annually, at a rate specified therein, not exceeding five per cent.
(5%) per annum, and in such sums and at such times as the library board
may determine, which bonds shall be njumbered consecutively, made pay-
able to the bearer and be signed by the president and secretary of the board
and denominated, "public library bonds of the city of Cleveland, Ohio,"
and the secretary of said board shall keep a record of the number, date,
amount and rate of interest oni each bond sold, the sum for which and
the name of the person to whom sold, and the time when payable, which
record shall be open to the inspection of the public at all reasonable times,
and the- bonds so issued shall in no case be sold for a less sum than the
par value nor bear interest until the purchase money for the same shall
have been paid by the purchaser and such library board shall pay such
bonds and the interest thereon when due, provided that the total issue of
bonds shall not exceed two hundred and fifty thousand dollars ($250,-
000). (92 V. 590.)

(4002 — 12) Sec. 12. [Cleveland library board — issue and sale
of bonds.] The order to issue such bonds shall be made only at a
regular meeting of such board and by a vote of five-sevenths of all the
members thereof, taken by yeas and nays and entered on the journal of
the board, and such bonds shall be sold to the highest bidder after being
advertised once a week for four (4) consecutive weeks in a newspaper
having a general circulation in the county w^iere such bonds are issued,
and if there shall be more than one newspaper in such city having a
general circulation in the county where such bonds are issued, then tne
sale of such bonds shall be advertised in at least one additional newspaper
of such general circulation in such counity, the advertisement shall state
the total number of bonds to be sold, the amount of each, bow long they


are to run, the rate of interest to be paid thereon, whether annually or
semi-annually, the law or section of law authorizing their issue, day, hour
and place in the county where they are to be sold, and the privilege shall
be reserved by such board to reject all or any bids, and if said bids are re-
jected said bonds shall be advertised and the moneys arising on premiums
of the sale of said bonds as well as the principal shall be credited to said
fund on account of which the bonds are issued and sold and shall be used
for the purpose provided in this section. (92 v. 590).

(4002 — 13) Sec. 13. [Cleveland library board sinking fund.]
For the purpose of creating a sinking fund for the extinguishment of tht
bonds provided for in the preceding section, said library board may an-
nually until the payments of the bonds are fully provided for, levy and
collect a tax in addition to other taxes now authorized to be levied by it,
which shall not exceed two-tenths of one mill upon the taxable property
of the city of Cleveland and the territory thereto attached for school pur-
poses, which tax shall be paid into the treasury of said city and on order
of the director of accounts of said city paid over to the sinking fund com-
mission hereafter provided for and by them applied, by order of the
library board to the extinguishment of the bonds in the preceding section
provided and to no other purpose whatever, and the taxes so levied shall
be certified and placed on the tax list and collected in the same manner as
school taxes of said city and such taxes shall be a lien upon the property
whereon they are assessed and the same as state and county taxes and
subject to the same penalties if delinquent. (92 v. 590).

(4C02 — 14) Sec. 14. [Trustees of library sinking fund in Cleve-
land.] In such city there shall be a board designated as "the trustees
of the library sinking fund of the city of Cleveland" composed of three
(3) citizens thereof, to be appointed by the court of common pleas in the
county in which such city is situated. The first appointment shall be one
for the term of one year, one for the term of two years, and one for the
term of three years and all trustees appointed thereafter shall serve for
three years, except in case of vacancy, which shall be fi lied by said court
for the unexpired term, and before any person appointed as a member of
such board shall assume the duties of his office he shall give bond to the
state of Ohio in the sum of five thousand dollars (5,000), with not less
than two sureties to faithfully discharge his said duties. (92 v. 590.)

(4C02 — 15) Sec. 15. [Trustees of library sinking fund in Cleve-
land; organization.] Such trustees immediately after appointment and
qualification shall organize by appointing one of their number as presi-
dent and the director of accounts of such city shall act as secretary of said
board of trustees and the library board shall provide such trustees with
a place of meeting, and" regular meetings of such trustees shall be held
on the second Monday of January and July of each year, but other meet-
ings may be called by the president or any member of the board. Their
proceedings shall be recorded in a journal kept for that purpose which


shall at all times be open to the inspection of the library board or any
member thereof and all questions relating to the purchase or sale of se-
curities, payment of bonds or interest shall be decided by a viva voce vote
with the name of each member voting recorded on the journal and no
question shall be decided unless approved by a majority of the whole
board. [92 v. 590.]

(4002 — 16) Sec. 16. [Trustees of library sinking fund in Cleve-
land; duty to certify taxes.] The trustees of such sinking fund shall
in the month of May in each )ear and oftener, if required, cert;ify to the
library board the rate of tax, not exceeding the limit herein provided,
necessary to provide a sinking fund for the payment of the bonds issued
by authority of this bill together with the amount necessary to be levied
to provide for the payment of the interest thereon, and the library board
shall levy the amount so certified as under this act provided and for
the full amount so certified, but said library board may increase the amount
so reported, provided the total amount so levied does not exceed the
limitation provided in this bill. [92 v. 590.]

(4002 — 17) Sec. 17. [Trustees of library sinking fund in Cleve-
land; investments by.] The trustees of such sinking fund shall in-
vest all moneys received by them in bonds of the United States, state of
Ohio, city of Cleveland, city of Cincinnati, city of Columbus, and the city
of Toledo and they shall give preference to the bonds of the city of
Cleveland, where they can be purchased at a price equal to, or, less
than the bonds of the United States, or of the state of Ohio, taking into
consideration the rate of interest paid on each, and the interest received
shall be reinvested in like manner and at no time shall there be more than
$5,000 kept on deposit if investment can be made, and said trustees shall
provide for the payment of all interest on said bonds herein authorized
to be issued, together with the principal thereof at maturity of said bonds,
from said funds so invested by them. [92 v. 590.]

(4002 — 18) Sec. 1 8.. [Cleveland may appropriate from school
fund for library,] In all cities, which, by the last federal census, had
and all those which hereafter, on the first day of March, in any year, as
ascertained by any federal census, may have, a population exceeding
ninety thousand and less than two hundred thousand inhabitants, it shall
be lawful to appropriate from the school fund, an amount equal to the
proceeds of one-tenth of one mill of the tax levy, to maintain or assist
in maintaining the public library and pay in part the cost and expenses
of supporting and running any public library in said citifs in addition
to the one-tenth of one mill now authorized by law to be raised by tax-
ation for that purpose: provided, that this act shall not be construed to
authorize any increase in levies for school purposes, including libraries
in said cities, over that made in 1877. [75 v. 11.]




(4002 — 19) Sec. 19. [Establishment of Toledo public library;
tax for library.] That in any city of the third grade of the first class,
the city council may, by a resolution passed by a majority of the
members elected thereto, declare it to be essential to the interests of such
city, to establish and maintain therein a public library and reading-room.
That thereafter the said city council shall, annually, levy a tax of thirty-
five one-hundredths (35-100) of one mill on the dollar on the taxable
property of such city for that purpose, to be called the library fund;
and which levy shall be certified to the county auditor of the county, and
by him placed on the tax duplicate of the county and collected as other
taxes. [94 V. 166; 85 V. 209; Rev. Stat. 1880; 70 v. 142.]

(4002 — 20) Sec. la. ['When levy to be reduced. 86 v. 79; re-
pealed 94 v. 166.]

(4002 — 21) Sec. 2. [Toledo public library; board of trustees.]

The custody and management of such public library and reading-room, as
well as its entire administration, shall be committed to a board of trustees,
nine in number, of whom the mayor of such city for the time being shall
be one, and the others shall be appointed by the common council, four
of whom shall be appointed from such names as shall be nominated to
the common council by the board of education of said city, and shall
be citizens of approved learning, discretion, and fitness for such office.
They shall hold their office for the term of four years, and until their
successors are duly elected and qualified ; provided, that the trustees
first appointed, other than the mayor, shall be elected respectively for
the terms of one, two, three, and four years, from the first day of January
next following their election, two for each term. Any vacancy caused
by the death, resignation, or removal of a trustee, or otherwise, shall be
filled for his unexpired term by appointment of the common council.
No trustee shall have compensation as such. [1888, April 12; 85 v. 209,
210; Rev. Stat. 1880; 70 v. 142.]

(4002 — 22) Sec. 3. [Transfer of libraries to Toledo board of
trustees by the board of education.] As soon as said board of trus-
tees shall be elected and organized, it shall be the duty of the board
of education, in such city to transfer to the custody and control of such
board of trustees whatever public library or libraries may be in its pos-
session or control, except such books of reference, maps or charts as the
board of education may think proper to retain for use in school build-
ings and thereafter no tax shall be levied by such board of education for
a library fund. [1888, April 12; 85 v. 209, 210; Rev. Stat. 1880; 70 v.

(4002 — 23) Sec. 4. [Trustees of Toledo public library; organi-
zation ; regulations ; powers ; deposit of library funds ; warrants ; power
to purchase or condemn grounds ; issue and sale of pubic library build-


ing bonds; payment of said bonds and interest; title to grounds pur-
chased; librarians and assistants.] Said trustees shall immediately af-
ter their appointment, meet and organize by the election of one of their
number as president, and by the election of such other officers as they may
deem necessary. They shall make and adopt such by-laws, rules and regu-
lations for their own government and guidance of the library, reading room
and employes as may be expedient and not inconsistent with this act. They

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