Ordinance 79-041 ORDINANCE 79 -
AN EMERGENCY ORDINANCE OF COLLIER COUNTY,
FLORIDA FLORIDA PROVIDING FOR THE ESTAB-
LISHMENT AND MAINTENANCE OF A COUNTY LAW
LIBRARY IN COLLIER COUNTY; DECLARING THE
ESTABLISHMENT AND MAINTENANCE OF SAID
LIBRARY TO BE A PUBLIC NEED AND FOR A
GENERAL COUNTY PURPOSE; PROVIDING FOR THE
MANNER OF RAISING FUNDS AND THE EXPEND-
ITURE OF SAID FUNDS FOR SAID LIBRARY; PRO-
VIDING FOR THE ESTABLISHMENT OF A SPECIAL
COLLIER COUNTY LAW LIBRARY FUND TO BE
ADMINISTERED BY THE CLERK OF THE CIRCUIT
COURT; PROVIDING FOR A BOARD OF TRUSTEES
TO MANAGE SAID LIBRARY AND TO PRESCRIBE
AND ENFORCE RULES AND REGULATIONS PER-
TAINING TO SAID LIBRARY; PROVIDING FOR THE
APPOINTMENT OF THE CHAIRMAN OF THE BOARD
OF TRUSTEES BY THE PRESIDENT OF THE COLLIER
COUNTY BAR ASSOICATION; PROVIDING FOR
METHODS OF PURCHASE OF SUPPLIES FOR SAID
LIBRARY, INCLUDING INSTALLMENT PURCHASES
AND OTHER CONDITIONAL SALES; PROVIDING
THAT ALL PROPERTY IN ANYWISE ACQUIRED FOR
SAID LIBRARY BE DEEMED TO BE HELD AND
USED AS A CHARITABLE PUBLIC TRUST AND
EXEMPT FROM ALL TAXATION; PROVIDING RULES
AND REGULATIONS; REPEALING CHAPTER 61-2039
LAWS OF FLORIDA AND COLLIER COUNTY ORDI-
NANCE NO. 77-46; DECLARING AN EMERGENCY
EXISTS AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COIV~I~9.[aDNER~OF
COLLIER COUNTY~ FLORIDA: ~*'~
Section 1. County Law Library, Declaration of County pur~se~
The establishment and maintenance of a County Law Li'~ In
County is hereby declared to bo desl~able~ a publlc n~d~ and a~n-
e~al County purpose; that the purchase of law books~ legal peHodicals~
loose-leaf legal se~vlces~, fu~nltu~e~ fu~nlshlngs, fixtures, equipment
and supplies and the employment of personnel in connection therewith~
and the maintenance the~f~ shall be a general County purpose.
Section 2. Collier County Law Library Fund created; ~urce
and use of fund.; ~
A. There is hereby created a fund to be known as the Collle~ Coun~
[~ [lbr~r~ ~und. ~Id fund ~h~ll b~ ~dmlnl~t,r~d b~ th~ CI~ of t
~lrcult ~ourt~ ~nd ~hall b~ u~d for th~ ~aint~nane~ ~nd operation
the Collier County Law Library, Including, but not limited to the pur-
chase of law b~ks~ legal perlodicals~ Iooseleaf legal, servlces~ furnish-
ings, fixtures, equipment and supplles,*payment of salaries and wagers
of all employees and for all other expenses deemed desirable by
Board of Trustees for the maintenance and operation of said Iibrary~
009 m i{i4
and for the purpose of procuring and maintaining equipment and sup-
piles for the use of the courts and the public as provlded by §28,241~
Florida Statutes.
B. The Clerk of the Circuit Court of Collier County~ Florida, pursu-
ant to §28.241, Florida Statutes~ is hereby authorized and directed Lo
collect an additional fee of $5.00 for each and every actlon~ sult~ or
proceeding filed wlthln the clvil Jurisdiction of the county court in and
for Colller County, Florida, and an additional fee of $10.00 for each
and every action, suit or proceeding filed within the civll Jurisdiction of
the cl'rcult court in end for Collier County, Florida. All such additional
filing fees so collected by the Clerk shall be deposited In the Collier
County Law Library Fund established herein.
C. The Clerk is further authorized and directed to draw warrants
upon such funds upon the submlsslon to the Clerk of a requlsitlon for
same signed by either the President, Vice President, or Treasurer of
the Collier County Bar Association and counterslgned by the County
Attorney of Collier County.
Section 3. Board of Trustees created} membershipt termst
vacanciesI powers and duties~ appropriation from general fund author-
Ized. There Is hereby created the Board of Trustees of the Collier
County Law Library, which shall be composed of no less than five
practicing attorneys who maintain offices for the practica of law in
Collier County. The chairman shall be appointed annually by the
president of the Collier County Bar Assoclatlon, and e chairman may
serve successive and consecutive terms without limitation. The members
of the Board of Trustees shall be selected by the chairman of the B;Dard
of Trustees. Vacancies shall be filled by the chairman by appointment
for the unexpired term. No member of the Board of Trustees shall
receive any compensation in connection with his office as such member,
but he may be relmbursed for actual and necessary expenses lncurred~
payable only out of the Collier County Law Library Fund. Sald Board
of Trustees shall have sole and complete authority over the employment,
discharge and supervision of the librarian for the Collier County Law
Library and such other personnel as the Board of Trustees may deter-
mine as being necessary for the creation, maintenance and operation of
sald Law Library. The Board of County Commissioners of Collier Coun-
ty is hereby authorlzed to appropriate from the general fund of the
County for any purpose contemplated by this Ordinance and is hereby
authorized to make appropriation to the Collier County Law Library for
such purposes.
Section 4. Use of Fund. The Collier County Law Library
Fund shall be expended by the Board of Trustees for the purpose of
procuring, equipping and maintalnlng the Law Library as herein pro-
vlded~ for the purpose of securing such furniture, furnishings and
equipment as may be necessary for the proper operation of said Law
Library, for the purpose of employing such personnel as may be re-
quired for the proper operatlon of said Law Library, and fcr the pur-
pose of procuring and maintaining equipment and supplies for the use
of the courts and the publlc as provided by §28.241~ Florida Statutes.
Sectlon S. Board of Trusteesl powersl purchases. The Board
of Trustees shall have the authority to select and purchase materlals~
supplies and equipment for the Collier County Law Library and such
other purposes provided herein. The Board of Trustees shall conduct~
rnalntaln, manage and make all policy decisions for the Collier County
Law Library. Purchases made by said Board of Trustees shall not be
subject to the restrictions placed upon county purchases by general or
special laws, and it shall not be necessary to advertise for bids or to
secure bids for purchases made by sald Board of Trustees. The Board
of Trustees is authorized to make purchases on an Installment basis and
may enter into contracts for the purchase of property on a condltional
sale~ retain tltle, or lease option basis. However~ the Board of Trustees
shall have no power to bind the County beyond the expenditure of
funds from the source named herein.
Section 6. T!tle to assets~ custody and contro!. Title to all
existing assets of the Law Library shall vest In the Board of County
Commissioners as of the effective date of thls Ordlnance. Title to all
future acquired assets shall vest in the Board of County Commissioners.
The Board of Trustees shall exercise custody and control of all assets
on. behalf of the Board of County Commissioners.
Section 7. Donatlons} tax exemption.. All donations to the
009
Collier County Law Library and all property in anywlme acqulred for the
lawful purposes thereof shall be deemed to be held and Used es charit-
able public trust for the use and benefit ot the residents of Collier
County, and shall be exempt from all taxation.
Section 8. Rules and regulatlons. The Board of Trustees
shall prescribe and enforce rules and regulations governing the usa,
maintenance and operation of the Collier County Law Library, and for
the conduct of the business of the Board of Trustees.
Section 9. .Repea. l.of previous special acts and ordinances.
Chapter 61-2039, Special Acts, Laws of Florida 1961 and Collier County
Ordinance No. 77-46 are hereby repealed.
Section 10. Continuation of Law Llbrary fund. The law library
fund currently maintalned by the Clerk of the Circuit Court pursuant
to said Chapter` 61-2039 Laws of Florida, shall, upon the effective date
of this ordinance, be continued pursuant to this ordinance as the
Collier County Law Llbrary Fund as established herein. All existing
obligatlons shall be assumed by the Board of Trustees established
hereunder.
Section 11. Emergency and Effective date. Be it declared thatm
an emergency exists and the Immediate enactment of this Ordinance is
necessary, therefore, notice requirements ara waived and this Ordinance
shall take effect Immediately upon its placement In the United States
mall to the Secretary of State.
This Ordlnance shall take effect as provided by law.
PASSED AND DULY ADOPTED BY THE BOARD OF COUNTY COM-
MISSIONERS OF COLLIER COUNTY, FLORIDA, this ]2th day
of .~ ,1979.
BOARD~F COUNTY COMMISSIONERS
COLLIE~UNTY, FLORIDA
David C. "Doc" Brown, Chairma~'~-z-~-n '
This Ordinance filed with the Secretary
of State's office the 18th day of June,
1979 and acknowledgement of that filing
received this ~Xst of June, 1979.
STAI~ O~ FLORIDA )
COUNTY 01~ COLLIER )
l, D/iLLIAH J. REAGAN, Clerk of Courts in and for the TVsntieth
Judicial Circuit, Collier County, Floride, do hereby certify that the
Ordinance ~o. 79-II
~ich v~s adop~ed by ~ha Board of Coun~ Co~ission~rs via ~mersency
procedures durint Relular Session June 12~ 1979.
~SS ~ hand and ~he official seal of ~he Board of County
Co~issioners of Collie~ County, Florida, ~his 13~h day of June~ 1979.
~LLI~ ~. ~ACAN
Clerk of Courts and Clerk
Ex-officio ~o Board of
County Co~iasioners
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