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Home My WebLink AboutRES 1990-037 �' RESOLUTION NO. 90-37 �' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF COLLEYVILLE, TEXAS, FOR COLLECTION DEVELOPMENT AND LIBRARY SERVICES FOR THE EDUCATIONAL, RECREATIONAL AND INFORMATIONAL NEEDS OF ITS RESIDENTS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas, and the City of Colleyville, Texas, have determined the best interest of their citizens may be served by entering into an Interlocal Agreement for Collection Development and Library Services for the educational, recreational and informational needs of their residents; and WHEREAS, the City of Grapevine, Texas is authorized by the Interlocal Cooperation Act, Article 4413 (32c) , V.T.C.S. , to enter into the Interlocal Agreement for Collection Development and Library Services. � NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE �""' CITY OF GRAPEVINE, TEXAS: Section 1 . That the Interlocal Agreement for Collection Development and Library Services with the City of Colleyville, a copy of which is attached hereto as Exhibit "A" , is hereby approved by the City Council. Section 2 . That the Mayor, or in his absence or disability, the City Manager, is hereby authorized and directed to execute the Interlocal Agreement for Collection Development and Library Services and take all other steps necessary to consummate the agreement. Section 3 . That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of December , 1990. �+ � � APPROVED: � William D. Tate Mayor ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney .�.::,, � � EXHIBIT "A" TO RESOLUTION NO. 90-37 ' . �;��''��'��.�,�. . ��D � � STATE OF TEXAS ) INTERLOCAL AGREEMENT FOR ) COLLECTION DEVELOPMENT COUNTY OF TARRANT ) AND LIBRARY SERVICES WHEREAS, the governing bodies of the parties herein find the following agreement to be in the best interest of the citizens they serve; and WHEREAS, Article 3 , Section 64 of the Texas Constitution, and Article 4413 (32c) of the Revised Civil Statutes of Texas authorize Cities in the State of Texas to contract with one another for the performance of various � governmental functions and services, including those in the area of public libraries; and � WHEREAS, the City of Colleyville and the City of Grapevine pursuant to the Constitution and the laws of the State of Texas desire to make and enter into a contract where by the City of Grapevine, Texas, will make available to the . City of Colleyville, Texas, collection development and library services for the educational, recreational and - informational needs of its residents; and WHEREAS, each party is authorized to perform the services contemplated herein; �+ - _ . . �r,r - �� NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: � � In consideration of the mutual covenants, terms and conditions set forth herein, the City of Colleyville, a municipal corporation situated in Tarrant County, Texas, ("Colleyville") and the City of Grapevine, a municipal corporation situated in Tarrant County, Texas, ("Grapevine") do hereby covenant and agree as follows: Funding 1. 1 Within 15 days after the date of execution hereof, Colleyville shall deliver to Grapevine the sum of $20, 000. 00. , Grapevine shall act as the Trustee for the City of ' Colleyville in the disbursement of said funds, and such other �� ' funds as may come into the hands of Grapevine as a result of �,,,� the execution of this Agreement, for the purposes established in this Agreement. Grapevine shall segregate said $20, 000. 00 and any other funds which are paid by Colleyville to Grapevine pursuant to the terms hereof from funds owned by the City of Grapevine. Grapevine shall provide Colleyville with a monthly statement of encumbrances, balance and number of books purchased on behalf of Colleyville. 1.2 The City of Colleyville may from time to time deliver additional funds to the City of Grapevine to be utilized and expended in accordance with the provisions hereof. �� .�;r 2.1 The initial $20, 000. 00 delivered to Grapevine by � Colleyville and any other monies delivered by Colleyville to Grapevine pursuant to the terms hereof shall be expended by the City of Grapevine in the purchase of books. 2.2 Grapevine shall make reasonable efforts to insure that there is a balanced collection of books acquired by expenditure of the funds delivered by Colleyville. � Generally, the funds will be expended 1/3 for the acquisition of children's books, 1/3 for the acquisition of adult non- fiction books, and 1/3 for the acquisition of adult books. The Library Director of Grapevine shall have final authority for the selection of books within the foregoing categories. Ownership/Location of Books � 3 . 1 All books acquired with funds delivered to � Grapevine by Colleyville shall be and remain the property of the City of Colleyville. Grapevine shall maintain records of the books acquired and the cost of each book acquired on behalf of the City of Colleyville pursuant to the terms hereof. Grapevine shall make said records available to . Colleyville upon request. 3 .2 Until such time as this Agreement' is terminated - pursuant to the provisions of paragraph 4. 1 hereof, Grapevine shall locate the books purchased on behalf of Colleyville pursuant to the terms hereof in the Grapevine Public Library. Said books shall be available to the public and shall be treated as the other books owned by the City of Grapevin�e ,� - within the Grapevine Public Library, having due regard for � _ �� the maintenance and care of said books. 3.3 Until termination of this Agreement pursuant to the �� provisions of paragraph 4. 1 hereof, Grapevine shall make its public library facilities available to the citizens of the City of Colleyville on the same basis as the citizens of the City of Grapevine, provided, however, Colleyville residents may use another Colleyville resident as a reference on an application for a library card. All rules, procedures and fines will apply equally to the residents of Colleyville and Grapevine. Termination 4 . 1 Either party may terminate this Agreement by giving , the other 60 days written notice of its intention to do so. ' Upon termination of the Agreement, all books purchased by '"""�' Grapevine on behalf of the City of Colleyville pursuant to ��; the terms hereof shall be transferred to Colleyville. In the event of termination prior to all funds being expended, Grapevine shall refund all monies not encumbered within 60 days of receipt of written notice of termination. Miscellaneous 5. 1 This Agreement may be amended only by mutual agreement of the parties in writing. '� 5.2 It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the - exercise of governmental powers and functions. •�► .��.r� � �"' S.3 This agreement may be signed in multiple counter- parts and shall be binding on each city when duly authorized by the governing body of each City and executed by each City's duly authorized representative. 5.4 This agreement contains all of the agreements made by and between the parties hereto. 5.5 In case any one or more of the terms, sentences, paragraphs, or provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other term, sentence, paragraph or provision hereof, and this Agreement shall be � constructed as if such invalid, illegal, or unenforceable �,,, provision had ever. been contained herein. r�* - �+ _ � .��+� IN WITNESS WHEREOF, the parties hereto have executed this '��' Agreement to be effective upon execution and dating by each City. APPROVED BY THE CITY APPROVED BY THE CITY COUNCIL OF THE CITY OF COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ON COLLEYVILLE, TEXAS, ON ,� I ' , December 4 , 1990 December 4, 1990 ' , . � ' ' �' ' By: � gy, T E HONORABLE E HONORAB CHRI �� P'ILLIAM D. TATE, HAWKINS, ��, / ' � � � , MAYOR MAYOR � ', Date: December 4 , 1990 Date: December 4. 1990 ,�;,� APPROVED AS TO FORM: APPROVED AS TO FORM: Ci�ty Attorney, Cit o Ci ttorney, City of Grapevine, Texas Colleyville, Texas �� r