Res 016-19 2/16/1999RESOLUTION NO. 1 L- c I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, ESTABLISHING A RIGHT OF THE PUBLIC TO
PETITION REGARDING THE LOCATION OF CHILDREN'S MATERIALS
IN THE WICHITA FALLS PUBLIC LIBRARY; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. There shall be a right to petition with regard to materials placed in
the children's areas created in the Wichita Falls Public Library, in which books or other
publications meeting the criteria set out below shall be removed from the children's
areas and placed in the adult areas of the library.
The criteria for removing materials from the children's areas of the library to the
adult area shall be as follows:
1. Only materials marketed or designed primarily for children age twelve (12)
and under shall be eligible for removal from children's areas;
2. At least three hundred (300) members of the library at least eighteen (18)
years of age who hold valid library cards must sign a petition entitled "Petition
Concerning a Publication in the Children's Areas of the Wichita Falls Public Library"
setting forth substantially the following:
a. This petition concerns the following publication: (description of
publication);
b. By our printing our first name, middle name or initial, and last
name, and signing our usual signature on this petition, each of us
do certify that we have read the above - referenced publication;
c. We believe the material contained in such publication to be of a
nature that it is most appropriately read with parental approval
and /or supervision;
d. We respectfully request that the above - captioned publication be
removed from children's areas of the library and placed in the adult
areas;
e. We live within the city limits of Wichita Falls and have resided here
for at least six (6) months. We have a valid library card from the
Wichita Falls Public Library.
f. Items a - e need not be reprinted on each page of the petition after
the first page but the title shall be printed on each page.
3. A petition must be submitted to the Library Administrator by hand delivery or
by certified mail. Any petition concerning children's publications submitted to the Library
Administrator shall reference only one publication.
4. Within twenty -four (24) hours of receipt by the Library Administrator of a
petition requesting that a publication be removed from the children's areas, the Library
Administrator shall insure that all copies in general circulation of the petitioned
publication shall be removed from general circulation and placed in the Adult area.
Copies of the publication that are checked out shall be placed in the adult area when
returned. Thereafter, the library staff shall verify the names and status of the signers of
the petition within thirty (30) days. If such petition is determined not to contain at least
three hundred (300) signatures meeting the required qualifications, then the publication
may be removed from the adult area and placed back in its original location. If it is
determined that at least three hundred (300) valid signatures are contained on the
petition, the publication shall thereafter remain in the adult area until disposed of by the
library staff in accordance with normal procedures for disposal of outdated or damaged
materials.
5. Within thirty (30) days after validating a petition, the Library Administrator
may request the City Manager to submit to the City Council a request to approve a
waiver. If the City Manager decides to submit the matter to the Council, the City
Manager may place on the agenda a request that the Council approve a waiver of the
resolution with regard to the particular publication that is the subject of the petition.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 16th day of February, 1999.
ATTEST:
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City Clerk
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AYOR
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