HomeMy WebLinkAbout1980-08-05; City Council; Resolution 62651
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RESOLUTION NO. 6265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING
CISE OF POWERS AGREEMENT IN REGARD TO THE SERRA COOPERATIVE LIBRARY SYSTEM.
EXECUTION OF THE SIXTH AMENDMENT TO JOINT EXER-
WHEREAS, the City Council authorized the participation of the Carlsbad
City Library in the Serra Regional Library System in 1965 by execution of a
Joint Exercise of Powers Agreement; and
WHEREAS, the agreement has been amended on five previous occasions when
substantive changes have occurred; and
MHEREAS, under Amendment Six, Serra now acts as its own hiring agent;
contracts for payroll services with Bank of America; has changed the name of
the cjoverni ng body from "Executi ve Board" to "Admi ni s trati ve Counci 1 'I ;
admitted the Imperial County Free Library as a member; and changed the name
of the System from "Serra Regional Library System" to "Serra Cooperative
Library System"
MOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, as follows:
I 7. I hat the above recitations are true and correct.
2. That the City Manager of the City of Carlsbad is hereby authorized
and directed to execute said agreement on behalf of the City of
Carlsbad.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad
at a regular meeting of the City Council of the City of Carlsbad held the
5th day of August , 1980, by the following vote, to wit:
AYES:
NOES: Council Member Anear
Council Members Packard, Casler and Kulchin
ABSENT: Counci 1 Member Lewi s
ATTEST:
lt& 2 d&
ALETHA L. RAUTENKRAQ, CITY CLERK J
(SEAL)
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SIXTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT .
ANONG THE COUNTIES OF SAN DIFGO 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 LIBW-RY SYSTEM
THIS AGREEPIENT, hereinafter sometimes referred to as the "Sixth Amendment to Agreement", is made and entered into
by and between the COUNTIES OF SAN DIEGO and IMPERIAL,
political subdivisioiis 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 "P4embers".
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 €or the purposes of:
.I, 1, Assisting them in establishing, improving, and
' extending library services;
a. 2. Encouraging the establishment of library systems in areas wh-re such cooperation would facilitate improved
library service; and
WHEREAS, on July's, 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
so as to include the Cities of Brawley, Calexico, Coronado,
El Centro, Escondido, and Imperia1,and the County of San
Diego; and
WHEREAS, said Joint Powers Agreement has been amended
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
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WHEREAS, the Members 'are desirous of continuing the
cooperative regional library system known as the Serra Co-
operatfve 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 of
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 Agreemen& hereinabove referred to, as amended by
First through Fifth Amendments thereto, is hereby amended in .
its entirety to read as follows:
1. Pursuant to the provisions of Education Code
Section 18700, et seq., and Government Code Section 6500, et
System, hereinafter referred to as the "System". ., seq., the Members have formed the Serra Cooperative Library
I' 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 Dieqo shall perform the
following services:
i. Provide a headquarters for the System at
the San Diego County Library Headquarters.
." XI. Act as contracting agency with the State
or' California for the receipt of disbursements and
accountin9 of such funds as may-be allocated by
the state or federal government for System use.
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iii. Act as fiscal aqent 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 t’o‘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
I agency under the terms of the Fourth and subseqnent
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 the state or federal government at the .. time said allocations become available for the purposes for which the advance was made.
Co The Members shall administer their own public
hiring their own personnel, and operating according to
the policies and rules established by their own govern-
ing bodies, boards of trustees, or city managefs.
.libraries independently, selecting their own lihrsry materials,
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 matcrinls, nccordinq to their own rul-cs, on
inter-library loan to other member libraries, and shall
provide photocopies of reference material to other
member libraries at cost.
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. 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 a11 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
librayies, or ii-itiate 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. ,.
.I 5. The Treasurer of the County of San Diego shall be
I , 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 the System shall be totally dissolved by
act of the Administrative Council 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,
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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 property; to receive funds, services and other forms
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 incuz debts, liabilities, or obligations required
by the exercise of these powe;-s 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.
. of financial assistance from persons, firms, corporations
9. Other librxies 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 . Co.unci1.
' .lo. 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.
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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 COUNTY OF SAN DIEGO
acting by and through the Board of Supervisors of said
county this day of f 19 . -
COUNTY OF SAN DIEGO
APPROVED AS TO FORM AND LEGALIN’. * ’
COUNTY COUNSEL
Clerk, Board of Supervisors
by the COUNTY OF IMPERIAL
acting by and through the Board of Supervisors of said county, under and pursuant to Resolution No. I
authorizing such.execution, this day of 19 0
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COUNTY OF IMPERIAL
BY I.
*I Clerk, Board of Supervisors
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This Agreement is executed by the CITY OF SAN DIEGO,
acting by and through the- City Fllanager of said city, under
and pursuant to Resolution No. , authorizing such execution, this day of ,19’ . -
CITY OF SAN’DIEGO
BY
- City Manager’ -
*
This Agreement is executed by the CITY OF BRAWLEY,
acting,by and through the City Manager of said’city, under
and pursuant to Resolution No. , authorizing such execution, this 19 . day of - ,
CITY OF BRAWLEY
BY City Manager
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This Agreement is executed by the CITY OF CALEXICO, acting by and through the City Manager of said city, under
and pursuant to Resolution No. , authorizing such ' execution, this day of , 19 .
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CITY OF CALEXICO
I. . . BY City Manager
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. a , authorizing such execution, this yf4 day of 19 Fo . -
CITY OF CARLSBAD
,. BY City Manager
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This Agreement is executed by the CITY OF CHULA VIS'TA, *' acting by and through the Mayor of said city, under and
pursuant to Resolution No.
execution, this day of authorizing such , 19 (. -
I CITY OF CHULA VISTA
BY Mayor *.
This Agreement is executed by the CITY OF CORONADO,
acting by and through the City Manaqer of said city, under and pursuant,to Resolution No. , authorizing such
execution, this day of ,19-.
CITY OF CORONADO
BY
. City Manager
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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. , authorizinq such
execbtion, , 19 a this day of _I
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CITY OF EL CENTRO
BY .. 6 I
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 , 19 . execution, this day of -
CITY OF. ESCONDIDO
BY City Manager
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This Agreement is executed by the CITY OF IMPERIAL,
acting by and through the City Manager of said city, under and pursuant to Resolution No. , authorizing such
* 19 . execution, this day of -
CITY OF IMPERIAL:
3Y City Manager
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. , authorizing such , 19 . execution, this day of -
CITY OF NATIONAL CITY
BY City Manager
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This Agreement is executed hy the CITY OF OCEANSIDE,
acting by arid through the City Manager of said city, under
and pursuant to Resolution NO. , authorizing such , 19 . - ' execution, this day of
CITY OF OCEANSIDE
.. (I . .. BY City Manager
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