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HomeMy WebLinkAboutCC RESO 10,343 Fourth Amendment to Joint Exercise of Powers Agreement for Serra Regional Library SystemRESOLUTION NO. '10,343' RESOLUTION AUTHORIZING. EXECUTION OF 4TH. AMENDMENT. TO JOINT EXERCISE OF POWERS AGREEMENT FOR SERRA REGIONAL LIBRARY SYSTEM The City Council of the City of National City hereby resolves that the City Manager is authorized and directed to execute a 4th Amendment to the Joint Exercise of Powers Agreement for the Serra Regional Library System on behalf of the City of National City. PASSED AND ADOPTED this 18th day of May, 1971.' ATTEST: c,c e 2 CITY CL FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COUNTY OF SAN DIEGO AND THE CITIES OF SAN DIEGO, CARLSBAD, CHULA VISTA, CORONADO, ESCONDIDO, NATIONAL CITY AND OCEANSIDE IN REGARD TO THE SERRA REGIONAL LIBRARY SYSTEM THIS AGREEMENT, hereinafter sometimes referred to as the Fourth Amendment to Agreement, is made and entered into by and between the COUNTY OF SAN DIEGO, a political subdivision of the State of California, and the CITIES OF SAN DIEGO, CARLSBAD, CHULA ,VISTA, CORONADO, ESCONDIDO, 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 Public 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 Coronado, Escondido, and the County of San Diego) 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 as Document No. 713880, continuing the cooperative regional library system known as the Serra Regional Library System; and WHEREAS, said Joint Powers Agreement was amended by a "First Amendment to Agreement", so as to include the City of Coronado; and WHEREAS, said Joint Powers Agreement was 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 cooperative regional library system known as the Serra Regional Library System for the purpose of improving and extending public library services to all residents of the. cities and county 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, it is desirable to change the contracting agency with the State of California; 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 and Third Amendments thereto, is hereby amended in its entirety to read as follows: 1. Pursuant 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 and County shall be considered a "member library" of said System. -2- 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. iii. Issue regular reports of receipts and dis- bursements 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 this 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 this Fourth Amendment to Agreement. . B. The Members shall administer their own public libraries independently, selecting their own books, hiring their own 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 without payment of a non-resident fee. Material so borrowed from one member library may be returned to another member library without penalty. D. 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. E. A reference and information center shall be established 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. 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 initiate and carry out other cooperative projects of benefit to two or more of the member libraries. 4. 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 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 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. 1 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 California. All such applicatios3s must be approved by the System Executive Committee. 7. The effective date of this Fourth Amendment to Agreement shall be from the date of its execution to June 30, 1972. 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 termina- tion is received. This Agreement is executed by the COUNTY OF SAN DIEGO acting by and through the Board of Supervisors of said County, under and pursuant to Resolution No. authorizing 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 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 SAN DIEGO 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. , 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. , authorizing such, execution, this day of , 1971. THE CITY OF CHULA VISTA 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 execution, this day of , 1971. THE CITY OF NATIONAL CITY City Manager This Agreement is executed by the CITY OF OCEANSIDE acting by and through the Mayor of said City, under and pursuant to Minute Order Council, authorizing such execution, this day of , 1971. THE CITY OF OCEANSIDE Mayor This Agreement 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. MG :mav THE CITY OF ESCONDIDO City Manager -8-