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HomeMy WebLinkAboutReso 1980-10259 Revised 9/18/80 RESOLUTION NO.I0259 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SIXTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT WITH THE SERRA REGIONAL LIBRARY SYSTEM The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain Sixth Amendment to the Joint Exercise of Powers Agreement by and among the Counties of San Diego and Imperial, and the Cities of San Diego, Brawley, Calexico, Carlsbad, Chula Vista, Coronado, El Centro, Escondido, Imperial, National City and Oceanside, in regard to the Serra Cooperative Library System, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Approved as to form by rney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 16th day of September 198~, by the following vote, to-wit: AYE S : Councilmen Cox. McCandlissl Scott. Gillow. Hyde NAYES: Councilmen None ABSENT: Councilmen None ~ fA)~ ---r(~ , ~(./ Mayor of the City of Chula Vista ATT ~~ -.--_~ Cl ty lerk CJ .-/' STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SSe CITY OF CHULA VISTA) the City above is and that I, , City Clerk of of Chula Vista, California, DO HEREBY CERTIFY that the a full, true and correct copy of Resolution No. the same has not been amended or repealed. DATED , City Clerk SIXTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COUNTIES OF SAN D~EGO AND IMPERIAL AND THE CITIES OF SAN DIEGO, BRAWLEY, CALEXICO, CARLSBAD, CHULA VISTA, CORONADO, EL CENTRO, ESCONDIDO, IMPERIAL, NATIONAL CITY AND OCEANSIDE iN REGARD TO THE SERRA COOP- ERATIVE LIBRARY SYSTEM THIS AGREEMENT, hereinafter sometimes referred to as the "Sixth Amen~ment to Agreement", is made and entered into by and between the COUNTIES OF SAN DIEGO and IMPERIAL, political subdivisions of the State of California, and the CITIES OF SAN DIEGO, BRAWLEY, CALEXICO, CARLSBAD, CHULA VISTA, CORONADO, EL CENTRO, ESCONDIDO, IMPERIAL, NATIONAL CITY and OCEANSIDE, all California municipal corporations, hereinafter sometimes referred to individually by name or collectively as "Members". WITNESSETH: WHEREAS, the State of California has enacted the California Library Services Act in order to encourage the development of free public libraries throughout the state by grants to public library systems for the purposes of: 1. Assisting them in establishing, improving, and extending library services; 2. Encouraging the establishment of library systems in areas where such cooperation would facilitate improved library service; and WHEREAS, on July 5, 1967, the Members (other than the Cities of Brawley, Calexico, Coronado, El Centro, Escondido, Imperial, and the Counties of San Diego and Imperial) entered into an agreement entitled "Joint Exercise of Powers Agreement", hereinafter sometimes referred to as the "Joint Powers Agreement", the original of which is on file in the Office of the City Clerk of the City of San Diego as Document No. 713880, continuing the cooperative regional library system known as the Serra Regional Library System; and WHEREAS, said Joint Powers Agreement has been amended so as to include the Cities of Brawley, Calexico, Coronado, El Centro, Escondido, a~d Imperial and the County of San Diego; and WHEREAS, said Joint Powers Agreement was amended by a "Fourth Amendment to Agreement" so as to designate the County of San Diego as the contracting agent of the Serra Regional Library System; and DS/cac Je/l- S 9 WHEREAS, the Members are desirous of continuing the cooperative regional library system known as the Serra Co- operative Library System for the purpose of improving and extending public library services to all residents of the Cities and Counties by closer cooperation between their respective libraries, and in order to obtain the benefits of such a system as provided by law on such terms and conditions as hereinafter follow; and WHEREAS, Imperial County wishes to become a member 0f the System; and WHEREAS, it is desirable for the System to accept advances of funds from the County of San Diego to be repaid from allocations from the state and federal governments. NOW, THEREFORE, In consideration of the premises and the promises herein contained, the Members agree that that certain Joint Powers Agreement hereinabove referred to, as amended by First through Fifth Amendments thereto, is hereby amended in its entirety to read as follows: l~ Pursuant to the provisions of Education Code Section 18700, et seq., and Government Code Section 6500, et seq., the Members have formed the Serra Cooperative Library . System, hereinafter referred to as the "System". 2. Each of the public libraries within said Cities and Counties shall be considered a "member library" of said System. 3. The obligations and conditions that hereinafter follow are contingent upon the approval of the State Librarian of the plans of library service which have been submitted by the member libraries. A. The County of San Diego shall perform the following services: i. Provide a headquarters for the System at the San Diego County Library Headquarters. ii. Act as contracting agency with the State of California for the receipt of disbursements and accounting of such funds as may be allocated by the state or federal government for System use. -2- / 07 Fi 9 111. Act as fiscal agent for the System and issue regular reports of receipts and disburse- ments and accounting of funds, or shall do so on demand of any member library; provided, however, for the fiscal years ending June 30, 1971 and June 30, 1972, the City of San Diego shall report on and account for funds received by it pursuant to contracts executed by it as contracting agency under the terms of the Joint Powers Agreement prior to the Fourth Amendment 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 contracting agency under the terms of the Fourth and subsequent amendments to the Agreement. B. The County of San Diego, as fiscal agent of the System, may accept temporary advances of funds from the County' of San'Diego, pending receipt of funds from the state or federal government, made by the County of San Diego for the purposes set forth herein and for purposes described in applications to said state or federal government, and the fiscal agent shall agree to repay said advances to the County of San Diego from allocations from tne state or federal government at the time said allocations become available for the purposes for which the advance was made. C. The Members shall administer their own public libraries independently, selecting their own library materials, hiring their own personnel, and operating according .to the policies and rules established by their own govern- ing bodies, boards of trustees, or city managers. D. 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 without payment of a nonresident fee. Material so borrowed from one member library may be returned to another member library without penalty. E. Member libraries shall lend circulating books and other materials, according to their own rules, on inter-library loan to other member libraries, and shall provide photocopies of reference material to other member libraries at cost. ' JOLt:) 9 -3- F. A Research Center shall be maintained at the City of San Diego Public Library- Central Building (the library which has the largest book, periodical, document, and specialized resources) where questions which cannot be answered by member libraries or branches thereof will be referred. G. Some or all of tpe 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 initiate and carry out other cooperative projects of benefit to two or more of the member libraries. 4. An Administrative Council consisting of the head librarians of the member libraries or their designated representatives shall be formed, which shall act as the governing body' of the Serra Cooperative Library System. The Administrative Council shall elect one of its members as Chair who shall serve for one year and preside over all meetings of the Administrative Council. The Administrative Council shall draw up rules and regulations for operation of the System and authorize expenditures from System funds. 5. The Treasurer of the County of San Diego shall be the treasurer of the System. 6. The debts, liabilities and obligations of the Serra Cooperative Library System shall not be debts, liabilities, and obligations of the parties to this Agreement. 7. Any member library may withdraw from the Serra Cooperative Library System by serving formal written notice of termination 120 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 tpe System shall be totally dissolved by act of the Administrative Councilor 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. p~h9 -4- 8. The System is hereby authorized to do all acts necessary for the exercise of its powers or purposes includ- ing any or all of the following: to make and enter into contracts; to hire employees and appoint agents; to lease, manage, maintain or operate any land, buildings, work, or improvements and to dispose by lease, lease purchase or sale of any prope~ty; to receive funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; in connection with any federal or state grant, to enter into any and all agreements necessary to comply with the procedural requirements of any applicable laws; to incur debts" liabilities, or obligations required by the exercise of these powers which do not constitute debts, liabilities, or obligations of the parties to this Agreement, or to any of them; and to sue and be sued in its own name. 9. Other libraries maintained and operated by a public agency may apply for membership in the Serra Cooperative Library System; provided, however, that only those members which meet the requirements of System membership as estab- lished by the California State Library and by the laws of the State of California, shall be entitled to share in the benefits of funds allocated to the System by the State of California pursuant to the California Library Services Act. All such applications must be approved by the System Administrative Council. 10. In addition to the California public agencies which are parties to this Agreement, any library agency, public or private, including those of other states which may desire to participate in or take advantage of the services or activities of the System, may become a participating member by executing an agreement with the Administrative Council upon such terms and conditions as may be provided or adopted by the Administrative Council, and provided that the acceptance or rejection of each proposed participating member be expressly found by the Administrative Council to be in the public interest of the citizens of the System area. 11. The effective date of this Sixth Amendment to Agreement shall be from the date of its execution by all members to June 30, 1981. The annual period from July 1 to June 30 shall be considered the System's fiscal year. This Agreement shall be renewable annually thereafter, from year to year, under the same terms and conditions unless written notice of termination is received. !t) 7. '? C; -5- 12. This Sixth Amendment to Agreement may be executed in counterparts and when so executed shall be as valid and binding as if all parties had signed one document. This Agreement is executed by the COUN~Y OF SAN DIEGO acting by. and, t;h;ough the ~ard of, supervi~_?rs o,f said county thlS ,i0' ,(day of ...j. /; {.. //c t-.{' ~ , 19 ~ (./ . (3/) COUNTY OF SAN DIEGO APPROVED AS TO FORM AND LEGAUN COUNTY COUNSEL 1 i (J,~ /_c~~ ~ ff.; (~C This Agreement is executed bv the COUNTY OF IMPERIAL acting by and through the Board of Supervisors of said county, under and pursuant to Resolution No. 19 authorizing such execution, this 5th day of August 19 80. BY '7/// /1 B~ 6~ty(":'1_ ,N )1Ll~ h___ ,/.h' 'i, erk)1 Board of Supervisors COUNTY OF IMPBRJA~ . ; ( l' , f / ., / ." '. fII '\ " /',rr:- /. By - / c~~rk': !BorrJt~i Supervisors .This Agreement is executed by the CITY OF SAN DIEGO, acting by and through the City Manager of said city, under and pursuant to Resolution No. ;),,5 ~ ~~ ~, authorizing such execution, this ~~ day of Au~v.st ' 19fQ.,. CITY OF SAN DIEGO By ~UD1lJ- GJ.QiJiA ASSISTANT TO THk City Manager This Agreement is 'executed by the acting by and through the City Manager and pursuant to Resolution No.~Si \ execution, this ;).1 day of ~L'i CITY OF BRAWLEY, of said city, under , authorizing such , 19 ro . CITY OF BRAWLEY By Ci~~ ~80 -6- /o-z. 59 This agreement is executed by the acting by and through the City Manager and pursuant to Resolution No. 3050 execution, this 19th day of August CITY OF CALEXICO, of said city, under , authorizing such , 19~. This agreement is executed by the CITY OF CARLSBAD, acting by and through the City Manager of said city, under and pursuant to Resolution No. 6265 , authorizing such execution, this 7th day of Aupust , 1980 . CITY. OF CARLSBAD By c7L9-~..~~~ City Manager This agreement is executed by acting by and through the Mayor of pursuant to Resolution No. 10259 execution, this 18th day of September the CITY OF CHULA VISTA, said city, under and , authorizing such , 1 9 -1ill... . CITY OF CHULA VISTA By (~~) ~ ---;:--6.L..JJn Hayor ~ This agreement is executed by the acting by and through the City Manager and pursuant to Resolution No. ')990 execution, this 7th day of October CITY OF CORONADO, of said city, under , authorizing such , 19~. CITY OF CORONADO By /-) ,,) . J IX<:.r..~~) ,.. \... If.: ~"""-::~,)..)I, /Ci ty Manager . ! OZ t)Tj -7- I' This Agreement is executed by the acting by and through the City Manager and pursuant to Resolution No. execution, this day of CITY OF EL CENTRO, of said city, under , authorizing such , 19 CITY OF EL CENTRO By City Manager ~\,.\,. -<?'3- See - 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. 80-177 , authorizing such execution, this 3rd. day of September, 19~. CITY ~FI S ONDID( I I i i . () .C4:. ,V ~.1,,\.{ ./6/ CitQager By This Agreement is executed by the acting by and through the City Manager and pursuant to Resolution No. execution, this day of . CITY OF IMPERIAL, of said city, under , authorizing such , 19 CITY OF IMPERIAL By ~\,.\J ~';} City ManagE:. See This Agreement is executed by the CITY OF NATIONAL CITY, acting by and through the City Manager of said city, under and pursuant to Resolution No. 13.405 , authorizing such execution, this 18th day of August , 19~. CITY OF NATIONAL CITY -;.:h" /11 ;)Rtf/'/- - l;~: ...>-:1 ~._.. Clty Manager By__ -8- (O-ZC;-c; This Agreement is executed by the CITY OF OCEANSIDE, acting by and through the Mayor of said city, under and pursuant to Resolution No. 80-290 , authorizing such exe cut ion, tl1 i s ?_? ~hIay () {A~U:9Y~ ~____ ' 1980. DE '~ 167-- ~7 -9- SIXTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COll'lTIES OF SAN DIEGO AND IMPERIAL AND THE CITIES OF SAN DIEGO, BRAWLEY, CALEXICO, CARLSBAD, CHULA VISTA, CORONADO, EL CENTRO, ESCONDI DO , IMPERIAL, NATIONAL CITY AND OCEANSIDE IN REGARD TO THE SERRA COOPERATIVE LIBRABY SYSTEM. THIS AGREEMENT IS EXECUTED BY THE CITY OF IMPERIAL, ACTING BY AND THROUGH THE MAYOR OF SAID CITY, U~D~R AND PURSUANT TO AUTHORIZATION GRANTED BY THE CITY COUNCIL ON AUGUST 6, 1980. CITY :~ M~ER'/ .. -:;, , /)i-r-- BY .. / /~(#~~~'<'-- MAYOR loZ-Sc; -10- _m___________ ..____ " This Agreement is executed by the CITY OF EL CENTRO. acting by and through the City Manager of said city. under and pursuant to Resolution No. 80-75 . authorizing such execution. this 5th day of November 1980 . CITY OF EL CENTRO By ..~~. ...IL~ C~Y ~::al:: . . -----;- !bLc;ct -11- .. , t".. t.. Serra CoopcfJtivc library System 5555 Overland Avc:lUe, Bldg. 15 San Diego, Ca, 9,) 123 DATE: TO: FIOM: IE: Serra Cooperative Library System MEMO November 19, 1980 u,L-Lf c1L;;'LL / c.Ld<.- Gladys Teslow 278-8090 Resolution IO,zJ,~9 ~,j j0J~ 9'- /1'- cPo Thank you for expediting the signing of the JEPA for Serra not long ago. To complete our files, would you please send us a copy qf the above Resolution? Thank you! 1~1 ~ I / () 2- 5~ . (19- 'P .,. ~ n.J:"') U3 r-~:, c::> --, ~.- _~ N (: . ~ 1" ,-<-- ." C5 -- , ; i N C) , - ('""")_i m> U) W c.o