1991-026City of Southlake, Texas ` -
RESOLUTION NO.91-26
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, ENTERING INTO
AN INTERLOCAL AGREEMENT WITH THE CITY OF
GRAPEVINE, FOR COLLECTION DEVELOPMENT AND
LIBRARY SERVICES FOR THE EDUCATION,
RECREATIONAL AND INFORMATIONAL NEEDS OF
THE CITIZENS OF SOUTHLAKE; PROVIDING AN
EFFECTIVE DATE.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. That the City Council hereby approves the Interlocal
Agreement between the City of Southlake and the City of
Grapevine, for collection development and library services for
the education, recreational and informational needs of the
Citizens of Southlake, in the form attached hereto as Exhibit "A"
and authorizes and directs the Mayor to execute and have
delivered such agreement to the City of Grapevine.
Section 2. That this Resolution shall be in full force and
effect from and after its passage.
PASSED AND APPROVED this the cV day of -U* ,/III
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Sandra L. LeGran
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
CITY OF SOUTHLAKE, TEXAS
By:
y Fick Mayo
STATE OF TEXAS )
COUNTY OF TARRANT )
INTERLOCAL AGREEMENT FOR
COLLECTION DEVELOPMENT
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 Southlake 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 Southlake,
Texas, collection development and library services for the
education, recreational and informational needs of its residents;
and
WHEREAS, each party is authorized to perform the services
contemplated herein;
NOW, THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
In consideration of the mutual covenants, terms and conditions
set forth herein, the City of Southlake, a municipal corporation
situated in Tarrant County, Texas, ("Southlake") 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,
Southlake shall deliver to Grapevine the sum of $5,000.00 and any
other funds which are paid by Southlake to Grapevine pursuant to
the terms hereof from funds owned by the City of Grapevine.
Grapevine shall provide Southlake with a monthly statement of
encumbrances, balance and number of books purchased on behalf of
Southlake.
1.2 The City of Southlake may from time to time deliver
additional funds to the City of Grapevine to be utilized and
expended in accordance with the provisions hereof.
2.1 The initial $5,000.00 delivered to Grapevine by
Southlake and any other monies delivered by Southlake 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 Southlake. 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
Southlake shall be and remain the property of the City of
Southlake. Grapevine shall maintain records of the books
acquired and the cost of each book acquired on behalf of the City
of Southlake pursuant to the terms hereof. Grapevine shall make
said records available to Southlake 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 Southlake 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 Grapevine 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 tspubliclibraryfacilitiesavailabletothecitizensoftheCity
of Southlake on the same basis as the citizens of the City of
Grapevine. All rules, procedures and fines will apply equally to
the residents of Southlake 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 Southlake pursuant to the terms hereof
shall be transferred to Southlake. 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.
5.3 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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be effective upon execution and dating by each City.
APPROVED BY THE CITY
COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ON
By:
THE HONORABLE
WILLIAM D. TATE,
MAYOR
Date:
APPROVED AS TO FORM:
City Attorney, City of
Grapevine, Texas
APPROVED BY THE CITY
COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, ON
By:
HONO
GARY FIC ,
MAYOR
Date:
APPROVED AS TO FORM:
City Attorney, City of
Southlake, Texas