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Ordinance No. 2,636W ORDINANCE NO. 2636 9 08 -3 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY WITH REGARD TO PRO- VIDING EXPANDED BOOKMOBILE PROGRAMS WITHIN BAYTOWN AND IN UNINCORPORATED AREAS IN THE COUNTY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the City Council of the City of Baytown hereby approves the contract providing for joint participation between the City of Baytown and Harris County with regard to providing expanded bookmobile programs within Baytown and in unincorporated areas in the County, and authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to said contract. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect from and after its passage. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this 8th day of March , 1979. EMMETT 0. HUTTO, Mayor ATTEST: EILEEN P. HA L, City Clerk APPROVED: SCOTT BOUNDS, City Attorney 9 8 -3b E X H I B I T "A" WRB : hh W 2 -21 -79 A G R E E M E N T THE STATE OF TEXAS S COUNTY OF HARRIS S KNOW ALL MEN BY THESE PRESENTS: #12,041 THIS AGREEMENT, made and entered into by and between HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter called "County," and the CITY OF BAYTOWN, hereinafter called "City," a municipal corporation under the laws of the State of Texas, acting herein by and through its Mayor, thereunto duly authorized. W I T N E S S E T H: WHEREAS, said City and County in the interest of pro- viding a tool for continuing self - education, enlightenment, and enrichment have operated separate free public libraries within the City limits of Baytown; and WHEREAS, said City and County, pursuant to the provi- sions of the Inter -Local Cooperation Act, Article 4413 (32c), Revised'Civil Statutes of the State of Texas, 1925, as amended, have determined that it would be in the best interest of such City and such County and of the citizens and inhabitants thereof, that joint participation with regard to library service be ini- tiated to provide improved library service to the citizens of Harris County; NOW, THEREFORE, the City and County agree as fol- lows: I. City.and County agree that subject to the provisions hereof, henceforth the City will expand the bookmobile program to additional centers within the City of Baytown and to citizens in unincorporated areas in Harris County. This expansion will be geared to meet the library needs of citizens, including but not limited to the aged and the economically deprived. The City of Baytown will provide no fewer than twenty -five (25) additional hours of service per week to neighborhoods and nursing homes. 9 -0308 Institutions Saint James House (home for the aged) Harris County Nutrition Center Chinquapin School (Harris County) Baytown Opportunity Center Neighborhoods Linus Isla (W. Gulf, W. Humble) McNair, Kings Colony Morrell Park (Gresham St., Morrell St.) E. Hunnicutt, Aron, East Wright, E. James at Third St. Stewart Heights (Hafer, Alva, Fort Worth Streets) Britton Cravens Central Heights Thibodeaux Street Busch Terrace Village Apartments elderly Dailey Street Bergeron Park (Carolina Ave., Georgia Street) Missouri / Oklahoma Pine Street II. It is expressly agreed and understood that a monthly report on this city - county bookmobile will be submitted to the Commissioners Court of said County and to the City of Baytown. III. It is further agreed that the citizens served in this bookmobile program will have access to the full range of library materials provided in free public library programs. IV. It is further agreed that the City, in its discretion, shall appoint as many librarians, library aides, and drivers as 'are necessary to provide expanded bookmobile services. Said . -2- 9 -0308- _ program shall be under the complete supervision, management, control and direction of the City. The County shall not have the right to direct or supervise the City or any of its employ- ees in the City's operation of the program. The County shall look to the City for results only. The City employees are tp be directly responsible to the City and shall receive their salaries from the City. V. It is further agreed that the County participation in this library program will be indicated with the words "Harris County" on both sides of the bookmobile and also on the rear of the vehicle. VI. The term of this agreement is for a period of one (1) year, from March 1, 1979, to February 29, 1980, and the County agrees to pay to the City the sum of SEVENTEEN THOUSAND AND NO 1100 ($17,000.00) DOLLARS for said year that this agreement is in effect, said payment being based upon the best estimate of the actual costs of personnel and vehicle maintenance in- volved in providing this service. On the effective date of this agreement, the City will bill the County for the above mentioned amount of SEVENTEEN THOUSAND AND NO 1100 ($17,000.00) DOLLARS. Within thirty (30) days after receipt of such billing, Harris County will pay the City the amount thereof. However, notwithstanding anything herein contained to the contrary, in no event will the County be obligated to pay the City more than SEVENTEEN THOUSAND AND N01100 ($17,000.00) DOLLARS for and in consideration of the performance of this agreement by the City. It is further expressly understood that the County has the maxi- mum sum of SEVENTEEN THOUSAND AND N01100 ($17,000.00) DOLLARS allocated to fully discharge its obligation under this agreement and it is understood and agreed that the total amount that the County shall be liable to pay the City hereunder shall not, -3- Id • 1 1: under any conditions, circumstances or interpretations hereof, exceed the sum of SEVENTEEN THOUSAND AND N01100 ($17,000.00) DOLLARS. EXECUTED IN DUPLICATE ORIGINALS, this the L day of ,��t/F -- C -✓� , 1979. ATTEST: HARRIS COUNTY By: JON LrINDSAY, County Jud e Harris County, Texas CITY OF BAYTOWN By: EILEEN P. HALL, City Clerk EMMETT HUTTO, Mayor City of Baytown, Texas City of Baytown, Texas APPROVED AS TO FORM: 'i i-,y / /% //_ I / ll. / 2 WILLIAM R. BRUYERE - C: Assistant County Attorney Harris County, Texas SCOTT BOUNDS City Attorney City of Baytown, Texas I hereby certify that funds are available in the amount of $17,000.00 to pay the obligation of Harris County under the fore- going agreement. S. G. FULLERTON County Auditor Harris County, Texas -4- ra 9 -0308 ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN FOR EXPANDED BOOK- MOBILE PROGRAM TO CENTERS WITHIN THE CITY OF BAYTOWN AND CITIZENS IN UNINCORPORATED AREAS IN HARRIS COUNTY THE STATE OF TEXAS § COUNTY OF HARRIS § On this, the / ' day- of 1979, the Commissioners Court of Harris County, being duly convened at a regular meeting of the Court, upon motion of Commissioner seconded by Commissioner�� -� duly put and carried, It is ORDERED that County Judge Jon Lindsay be, and he is hereby, authorized to execute an Agreement by and between Harris County and the City of Baytown for providing an expanded bookmobile program to centers within the City of Baytown and citizens in unincorporated areas in Harris County, for a period of twelve (12) months, to commence March 1, 1979, upon the terms and conditions as provided for in the Agreement being hereby re- ferred to and under a part hereof for all purposes as though fully set out herein. THE STATE OF TEXAS § COUNTY OF HARRIS § I, ANITA RODEHEAVER, County Clerk and Ex Officio Clerk "^ of Commissioners Court of Harris County, Texas, do hereby certify that the above and foregoing is a true and correct copy of an Order made and entered by the Commissioners Court in regular ses- sion on the day of , 1979, as it appears of record in the Minutes of said Court, Vo ume 101, page GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1979. ANITA RODEHEAVER, County Clerk and Ex Officio Clerk of Commissioners Court of Harris County, Texas By Deputy