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HomeMy WebLinkAboutOrdinance - 1617-1954 - Creating A Board Of Literary Review To Be Known As Board Of Library Review - 10/14/1954(';-/"' .,' \ l?'~·.'!>'].-~..:.,.'";,_.c ~====-=======-----=-===--====-=---==-=-====--......;==1-//l ~-~,.--~ "'- Also see Ord. # 1616 pro- hi biting sale to-\ 4-\954- 0RDINANCE NO • ....;1~6:.::.17"---- AN ORDINANCE CREATING A BOARD OF LITERARY REVIEW TO BE KNOWN AS THE "BOARD OF .LITERARY REVIEWtt; PROVIDING THE NUM- BER OF MEMBERS. THEIR ELIGIBILITY AND METHOD OF APPOINTMENT; PROVIDING THE DUTIES, AND AREAS IN WHICH THE BOARD SHALL NOT ACT; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, the City Commission has under consideration the passage of ordinances prohibiting the sale of certain.types of publications,and deems it advisable and in the public interest to appoint a board of review to study pub- lications now being offered for sale in the City of Lubbock; T HERE F 0 R E 1 BE IT ORDAJNED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. There is hereby created a board of literary review for the City of Lubbock which shall be known and designated officially as the "Board of Literary Review. n SEC.TION l. The Board of Literary Review shall consist of five (5) mtun- bers, each of whom shall be a citizen of Lubbock. The members shall be appointed by the Mayor, with approval of the City Commission. One of the members shall be designated as Chairman and one as Secretary, both appointed by the Mayor, with approval of the City Commission. Each member shall serve until April 1, 1955, or until a successor shall be appointed. All vacan- cies shall be filled by the Mayor, with approval of the City Commission. In addition, there shall be four (4) ex officio members of the Board, as follows: To be appointed by the Mn.yor, with the approval of the City Commission. ·· SECTION 3. Promptly after the passage of this ordinance and the appoint- ment of the Board, designation of the Chairman and Secretary and appointment of the ex officio members, the Chairman shall call a meeting of the Board. Rules and regulations shall be formulated for the orderly conduct of the affairs of the Board consistent with ~he provisions of this ordUiance. SECTION 4. It shall be the duty of the Board of Review to -keep informed of the .. .contents of literary and pictoJ"ial publications ~old or displayed in the City of Lubbock, of the nature deseribed in any ordinance passed by the City Commission of the City of Lubbock affecting the sale or display of books,· maga- zines or other publications exhibited for sale, and to call to the attention of the proper le.gal prosecuting authorities any literary or pictorial publlcal ion which in the judgment of the Board should be investigated to determine· whether or not it tends to the corruption of the morals of children or other persons and incites them to disregard the law of the land. The Board shall have the right to express its views as to the propriety or legality of any such publication, but the Board shall not have the right to enforce its views by any direct or indirect threa~ to prosecute persons who disagree with the Board, whether such threats are made openly or covertly to the publishing, distributing, or retail trade. The Board otherwise may take whatever measures it deems advisable to suppress any publications which in its judgment it considers detrimental to morals. ' SECTION 5. If any &ection, sub-section or any part of this ordinance shall be held to be unconstitutional or inoperative, such invalidity shall not affect any of the remaining portions thereof, it being the express intention of the City Commission to enact constitutional and operative provisions, and it would not have included any unconstitutional or inoperative provisions if it had known of such invalidity at the time this ordinance was adopted. SECTION 6. This ordinanc:e shall take effect from and after the date of its passage. SECTION 7. The fact. that the Conunission has under consideration pas• sage of ordinanc:es affecting the sale.or display for the purpose of sale, or o~erwise, of certain publications , and it is desirable to have objectionable publications screened prior to effective dates of said ordinances, and the fur- ther fact that. distributors and retailers of auch publications generally feel the need of the assistance of a board of review to which they may submit question- able publications for appraisal, and that said board is needed immediately, creates an emergency, requidng that all rules relating to the reading of ordin• ances be suspendecf; and the aa'tne are hereby auspended, and this ordinanee shall become' effective upon its passage by one reading. AND IT IS SO ORDERED. On motion of Commissioner Baker , seconded by Commis• ------------------- sioner ______ c_a_r.:..p_ent_e_r __ , this Ordinance was passed on thi• the 14th day of _....::,O;:;:.ct~o::.:b~e;:.r ____ , 1954, by the following vote: . Commissioners votina ttYEA": BakerL Carpentef' Thomas and Mayor JI'ripp ·--c \.f'·orrest Absent Commissioners voting "NA yu: None VEW:sv 9-24f>54 ---=====~~======~~=~=-=====-========~================~~===---==----==-----+-P. 2