§ 17. Powers of council.

All powers of the village and the determination of all matters of policy shall be vested in the council. Without limitation of the foregoing, the council shall have the power among other powers to:

(1)

Appoint and remove the village manager;

(2)

Establish other administrative departments;

(3)

Adopt the budget of the village;

(4)

Authorize the issuance of bonds in accordance with the constitution and laws of the state;

(5)

Inquire into the conduct of any office or department of the village and make investigations as to municipal affairs;

(6)

To create a building code board of appeals and appoint its members;

(7)

To create a zoning board and a zoning board of appeals and to appoint the members of these boards;

(8)

Adopt and modify the official map of the village;

(9)

Regulate and restrict the height and number of stories of buildings and other structures, the size of yards and courts, the density of population and the location and use of buildings for business, residence or other purpose;

(10)

Provide for an independent audit;

(11)

[Library:]

1.

The council of said village shall be, and it is hereby authorized, whenever it shall deem it advisable, to establish and maintain a public library and reading room operated for the use of the inhabitants of this village and to join with one or more municipalities for the establishment and maintenance of a common public library and reading room for the use of the inhabitants of this village and those of such other municipalities as may participate in such joint effort, and for either or both of said projects to levy a tax of not exceeding _____ mills on the dollar annually on all of the real and personal property in said village subject to the payment of taxes. Such taxes shall be levied and collected in like manner as are other taxes of the said village, and when collected, shall be deposited in a separate account to be known as the "Library Fund." Disbursements from said fund shall be made in the manner hereinafter set forth.

2.

When the village council shall have decided by ordinance to establish and maintain a public library, as hereinabove provided, it shall elect a library board, consisting of not more than five and not less than two persons, to be chosen from the citizens at large, dependent on whether or not the library is to be the sole undertaking of this village, or is to be a joint operation with other municipalities. If the library is to be a joint undertaking, the village shall have as many representatives on the library board as any other municipality which participates in such operation and the functions and authority of said board shall first be approved by the village council. Such directors shall hold their office for one year from the first day of ________ following their appointment; and in case of vacancies by resignation, removal or otherwise, the council shall fill the vacancy for the unexpired term. The council shall have the right to remove any member of said board so elected by it for cause at any time. No director shall receive any pay or compensation for any services rendered, except that they may be reimbursed for actual expenses incurred by them.

3.

A majority of said board shall constitute a quorum. Such board may make and adopt such by-laws, rules and regulations for their own guidance and the government of the library as it may deem expedient, but such laws, rules and regulations shall be subject to the approval of the village council and shall not be inconsistent with the provisions of this Charter. The said board shall have exclusive control of all expenditures, all monies collected or donated to the credit of the library fund and of the renting or construction of a new library building, and the supervision, care, and custody of the grounds or buildings set apart for that purpose.

4.

All taxes levied or collected in Bal Harbour Village, and all funds donated, or in any way acquired by Bal Harbour Village for the erection, maintenance or support of any such library shall be kept for the use of such library, separate and apart from other funds of the village and shall be drawn upon and paid out by the village manager or the mayor on vouchers signed by the president or chairman of the library board and shall not be used for any other purpose.

5.

The library board may purchase or lease grounds, erect, lease or occupy appropriate buildings for the use of such library either within or without the village, depending upon whether or not such library is a single or joint project as hereinabove provided; and appoint a suitable librarian and assistant and fix their compensation and remove them at leisure; establish regulations for the government of such library as may be deemed necessary and shall exercise such powers as may be necessary to carry out the spirit and intent of this resolution.

6.

Every library established pursuant to the provisions hereof shall be free to the use of the inhabitants of this village, subject to such reasonable regulations as the library board may adopt.

7.

The library board shall on or before ________ in each year make a report to the village showing all monies received or expended, the number of books and periodicals on hand, the numbers of visitors attending, together with such statistics or information as the board may deem for general interest. Such report shall be properly verified and shall, if the council deems it advisable, be subject to audit.

(Res. No. 59, 9-20-58, election 4-7-59)