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HomeMy WebLinkAboutReso 1971-6063 RESOLUTION NO. 6063 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING THE SERRA REGIONAL LIBRARY SYSTEM, BY DESIGNATING THE COUNTY OF SAN DIEGO AS CONTRACTING AGEPIT FOR SAID SYSTEM The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista has here- tofore approved the Joint Powers Agreement among the Cities of San Diego, Carlsbad, Coronado, National City, Oceanside and Chula Vista, establishinq_ a cooperative regional library system known as the Serra Regional Library System, and WHEREAS, said Joint Powers Agreement was subsequently amended to include the City of Escondido and the County of San Diego, and WHEREAS, the parties to said Joint Powers Agreement now desire to amend said agreement by designating the County of San Diego as contract- ing agent for said system. NOW, THEREFORE, BE IT RESOLVED that that certain Fourth Amendment to Joint Exercise of Powers Agreement by and among the Cities of San Diego, Carlsbad, Chula Vista, Coronado, Escondido, National City and Oceanside, and the County of San Diego, establishing the Serra Regional Library System, a copy of which is attached hereto and made a part hereof by reference be, and the same is hereby approved. Presented by Approved as to form by 1 c `.,~ ,,.-, ~., ,, . Bluma Levine, Cit Librarian George D; T~indberq, City Attorney" ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF' CHUL~ VISTA, CAIbTFORNIA, this 25th day of following Grote, to-wit: May 19 71 by the AYES : Counc~ linen Hyde, Egdahl, Hobel, Hamilton NA"YES : Councx linen Scott ABSENT : Counc~. linen None ayor of the ity ~:f Chula Va. u.a ,~ ' `_.~ ATTEST ,,. ~ - ~,, 2~~ ~ ^~ ~ .=~ %" ity Clerk ~l/ J SPATE OF CAI:IFORNTA ~ COUNTY OF SAN DIEGO .~ ss. CITY OF° CHULA VISTA I, JENNIE M- FULAS~- Clty Clerk cf the City of Ch~~la Vest-a- Calif ornla,; DO HEREBY CERTIFY that tree: abo~re and ioreg,~~ng i.s a bill true and correct copy of Same has i~ot been amended or repealed:. DATED- and th:~t ~rhe C.~ty Clexk ,---.~ FOUR'T'H ATiENDtiIElvT TO JOINT EXERCISE OF POj,~l" RS AGREEi~I?~~1T A`~~0~?G THE COUNTY OF SA~1 DIEGO A`iD THE CIT ~ ES OF SAN DIEGO, CARLSBAD, CHU~,.~'•. "VISTA, CORC~tADO, ESCONDIDO, NATICPdAL CIi'`T AND -0CEANSIDE IN REGARD TO THE SE??RA. REGIONAL LIBRARY SYSTEM THIS AGREEP~NT, hereinafter sometimes referred to as the Fourth Amendment to Agreement, is made and entered into by and between the COUNTY OF SAN DIEGO, apolitical sub division of the State of California, and the CITIES OF SAN DIEGO, CARLSBAD, CHULA VISTA, CORONADO, ESCONDIDO, NATIOrdAL CITY AND OCEANSIDE, ' all California municipal corporations, hereinafter sometimes referred to individually by name or collectively as "Members". W I T N E S S E T H: WHEREAS, the State of California has enacted the Public Library Services Act in order to encourage the development of free public libraries throughout the State by grants to public 3ibrary systems far the purposes of 1. Assisting them in establishing, improving and extending library services; 2. Encouraging the establishment of library systems in _ areas where suc~i cooperation would facilitate improved library service • and WHERrsAS, on July 5, 1967, th.e 1`dembers (othe-r than the Cities of Coronado, E;,condido, and the County of Sari Diego) entered into an agreement entitled "Joint Exercise of Powers Agreement", hereinafter sometimes referred to as the "Joint Poti~rers Agreement", the origir:al of which is on file i n the Office of the City Clerk :_ _f as Document No. 713~~0, continuing the cooperative regional library systeri knoz:*n as the Serra Regional Library System; an d WHEREAS, said Joint Powers Agreement ryas amended by a "First Amendment to Agreement", so as to include the City of Coronado; and WHEREAS, said Joint Po~~rers Agreement ryas amended by a "Third Amendment to Agreement", so as to include the City of Escondido and the County of San Diego; and WHEREAS, the Members are desirous of continuing the cooperatve regional library system known as the Serra Regional Library System for the purpose of improving and extending publi c 13_brary services to all residents of the cities and county by closer cooperation between their respective libraries, and in .t'r, order to obtain the benefits of such a system as provided by law on such terms and conditions as hereinafter follow; and WHEREAS, it is desirable to change the contracting agency with the State of California; NOSY, THEREFORE, in consideration of the premises and the promises herein contained, the Members agree that that certain Joint Powers Agreement, herein above referred to, as amended by First and Third Amendments thereto, is hereby amended in its entirety to read as follows:. 1. Fursua.nt to the provisions of the California Education Code, Sections 27111, et seq. (Division 20, Chapter 1.5) the Members have formed the Serra Regional Library System. 2. Each of the public libraries within said Cities a.nd County small be considered a "member library" of said System. -2- -~=' r~ - r~. _. ~a;~ .. 3. 'the ,obligations and conditions that hereinafter follo:•r are contingent upon the approval of the State Librarian of the plans of -lib-racy service which have been submitted by the member libraries. A. g`he County of San Diego shall. perform the fol-lot~rng services i. ~'rovide a headquarters for the System at the San Diego County Library Headquarters. ii. Act as contracting agency with the State .... _ of ~a-lfornia for the receipt of disbursements a.nd ~.cEOUn-sing of such funds as may be allocated by the state or federal government for System use. 'w:r , ~.ii. issue regular reports of receipts and dis- ~it~.rs~m~n~s and accounting of funds, or shall do so en demand of any member library; provided, ho~•rever, ~'Pr the fiscal years ending June 30, 1971 and June 30? -1~~2, the City of San Diego shall report on and ~.EEOUnt for funds received by it pursuant to contracts ~~~EUted by it as contracting agency under the terms of the point Powers Agreement prior to this Fourth ~tnendment to Agreement, and the County of San Diego shall report on and account for only those funds received by it pursuant to contracts executed by it as Eontractir_g agency under the terms of this Fourth Amendment to Agreement. - ~. the Members shall administer their otm public libraries independently, selecting their o~-n books, hiring -3- their ot,rn personnel, and operating according to the policies and rules established by their own governing bodies, boards of trustees or city managers. C. Member libraries shall permit any borrower in good standing in one member library to borrow books and other library material circulated by any other member library, according to its rules, without discrimination because of his place of residence and tirithout payment of a non_resident fee. Material so borrowed from one member library may be returned to another member library irithout penalty. D. Member libraries shall lend circulating books and other materials, according to their own rules, nn `fir' inter-library loan to other member libraries, and shall provide photocopies of reference material to other member libraries at cost. E. A reference and information center shall be established at the City of San Diego Public Library - Central Building (the library tirhich has the largest book, periodical, document and specialized resources) where questions which cannot be answered by member libraries or branches thereof will be referred. F. Some or all of the member libraries may coordinate their book and periodical purchases in order to obtain improved discounts from dealers, compile union lists or catalogs of the holdings of member libraries, or _L~_ initiate and carry out other cooperative projects of benefit to tiro or more of the member libraries. ~F. An Executive Committee consisting of the head librarians of the member libraries or their designated representa- tives shall be formed, which shall act as the governing body of the Serra Regional Library System. The Executive Committee -shall elect one of its members as president who shall serve for one year and preside over all meetings of the Executive Committee. The Executive Committee shall draw up rules and regulations for operation of the System and authorize expenditures from System funds. 5. Any member library may withdraw from the Serra Regional-: Library System by serving formal written notice of termination 'r' 1?_0 days prior to the end of the fiscal year. The System shall continue to exist so long as there are two member libraries, provided these two meet the requirements of System membership as to population served, size of book collection, and all other requirements established by the California State Library and by the laws of the State of California.' A library which withdraws from the System shall be promptly paid its part of the personal or real property belonging to the System, in proportion to funds or property paid in by the library or in its name, if from state or federal funds. If the System shall be totally dissolved by act of the Executive Committee or because of lack of finances, the property of the System .shall be divided in proportion to funds paid into the System in the name of each library. -5- 6. Other public libraries may apply for membership in the Serra Regional Library System, provided they meet the requirements of System membership as established by the California State Library, and by the laws of the State of Ca1.a.fornia. All such applications must be approved by the System Executive Committee. 7. The effective date of this Fourth Amendment to Agreement shall be f rori the date of its execution to June 30, 1.972. The annual period from July 1 to June 30 shall be Cons~.dered the Systems fiscal year. This Agreement shall be renevrable annually thereafter, from year to year under the same terms and conditions, unless written notice of termina- t~,on ~.s received. .+_t , ". This Agreement is executed by the COUNTY OF SAN DIEGO aGtl.ng by and through the Board of Supervisors of said County, under and pursuant to Resolution No. , ~.uthorizing such execution, this. day of , 1971. THE COUNTY OF SAN DIEGO By Clerk of the Board of Supervisors This Agreement is executed by the CITY OF SAN DIEGO ~,Cta.ng by and through the City Mar_ager of sai d C~,ty, under and pursuant to Resolution No. , authorizing such execution, this day of , 1971. THE; CITY OF SAN DIEGO City Manager _~_ ._ ~; _ , ~~ , , This Agreement is executed by tl:e CITY OF CARLSBAD acting by and through the City Manager of said City, under and pursuant to Resolution No. , authorizing such execution, this day of , 1971. THE CITY OF CARLSBAD City Manager This Agreement is executed by the CITY OF CHULA VISTA acting by and through the City Manager of said City, under and pursuant to Resolution No. ~i_, authorizing such execution, this ~ day of ~ , 1971. _ j THE CITY OF CHULA VISTA ,~ ... ,. 6,---~~=.1 ~- r X11 f+ yo le This Agreerr~ent is executed by the CITY OF NATIONAL CITY acting by and through the City r~ianager of said City, under and pursuant to Resolution No. , authorizing such execution, this day of _, 1971. THE CITY OF NATIONAL CITY City Manager This Agreement is executed by the CITY OF GCEANSIDE acting by a,nd through the Tdayor of said City, under and pursuant to Minute Order at Council, authorizing such execution, this day of , 19?1. THE CT_TY OF OCEANSIDE Mayor This Agreerent is executed by the CITY OF CORONADO acting by and through the City Manager of said City, under and pursuant to Resolution No. , authorizing such execution, this day of , 1971. • THE CITY OF CORONADO City Manager This Agreement is executed by the CITY OF ESCONDIDO acting by and through the City Manager of said City, under and pursuant to Resolution No. authorizing such execution, this .day of _ 1971. THE CITY OF ESCONDIDO City t•lanager ,,'; -8- MG:mav ~~ -~_''i- -. f r~ .'l~;