Ordinance No. 4,935v
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ORDINANCE NO. 4935
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH HARRIS COUNTY WITH REGARD TO PROVIDING 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,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves an agreement with Harris County with
regard to providing 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 agreement. A copy of said agreement is attached
hereto, marked Exhibit "A," and made a part hereof for all
intents and purposes.
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 10th day of March,
1988.
M-0 MIME, M
ATTEST:
EILEEN P. HAL , City Clerk
CIO RAMIREZ, A is ant City Attorney
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E X H I B I T "A"
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A G R E E M E N T
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THE STATE OF TEXAS )
(
COUNTY OF HARRIS ) KNOW ALL MEN BY THESE PRESENTS:
® 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
providing a tool for continuing self - education, enlighten-
ment, and enrichment have jointly provided public libraries
® within the City limits of Baytown; and
WHEREAS, said City and County, pursuant to the pro-
visions 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 continued to provide improved library
service to the citizens of Harris County; NOW, THEREFORE,
the City and County agree as follows:
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City and County agree that subject to the provisions
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hereof, henceforth the
gram at designated cent(
in unincorporated areas
®
will be geared to meet 1
including but not limit(
deprived. The City of I
twenty -five (25) hours (
neighborhoods and nursii
Institutions
80310 -3c
City will operate the bookmobile pro -
ors within the City of Baytown and
in Harris County. This program
.he library needs of citizens,
id to the aged and the economically
aytown will provide no fewer than
�f service per week to the following
ig homes.
Saint James House (home for the aged)
Baytown Senior Center
Chinquapin School (Harris County)
Centennial Square Housing for the Aged
Baytown Opportunity Center
Edison Courts
Neighborhoods
Linus
Oaks of Baytown Apartments
McNair
Ding's Colony
Stewart Heights
Third at East Humble
Busch Terrace
® Morrell Park
Lincoln at Edison
® Pine Street
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II.
It is expressly agreed and understood that a moi nthly
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 bookmobile services. Said
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program shall
be
under the
complete
supervision, manage-
ment, control
and
direction
of the
City. The County
shall not have the right to direct or supervise the City or
any of its employees in the City's operation of the program.
The County shall look to the City for results only. The
City employees are to be directly responsible to the City
and shall receive their salaries from the City.
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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)
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year, from April 1, 1988, to March 31, 1989, and the
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County agrees to pay to the City the sum of TWENTY =SIX THOU-
SAND SEVEN HUNDRED FIFTY -SIX AND N01100 ($26,756.00) DOLLARS
for said year that this agreement is in effect, said payment
being based upon the best estimate of the actual costs of person-
nel and vehicle maintenance involved in providing this ser-
vice. On the effective date of this agreement, the City
will bill the County for the above mentioned amount of
TWENTY -SIX THOUSAND SEVEN HUNDRED FIFTY -SIX AND N01100 ($26,756.00)
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 TWENTY -SIX THOUSAND SEVEN HUNDRED FIFTY -SIX
AND N01100 ($26,756.00) DOLLARS for and in consideration of
the performance of this agreement by the City. It is
further expressly understood that the County has the max-
imum sum of TWENTY -SIX THOUSAND SEVEN HUNDRED FIFTY -SIX AND
NO /100 ($26,756.00) 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, under
any conditions, circumstances, or interpretations hereof,
exceed the sum of TWENTY -SIX THOUSAND SEVEN HUNDRED FIFTY -SIX
® AND N01100 ($26,756.00) DOLLARS.
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day of
ATTEST:
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EXECUTED IN DUPLICATE ORIGINALS, this the
1988.
EILEEN P. HALL, City Clerk
City of Baytown, Texas
APPROVED AS TO FORM:
MIKE DRISCOLL, County Attorney
Harris County, Texas
RANDALL B. STRONG, City Attorney
City of Baytown, Texas
I hereby certify that funds are
available in the amount of
$26,756.00 to pay the obligation
of Harris County under the fore-
going agreement.
V -/.0 1 LAV11, l.iV tats Y [foul - 3
Harris County, Texas
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HARRIS COUNTY
By
JON LINDSAY, County Judge
Harris County, Texas
CITY OF BAYTOWN
By:
EMMETT HUTTO, Mayor
City of Baytown, Texas
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ORDER AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN
FOR BOOKMOBILE 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
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1988, 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 a 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 April 1, 1988, upon the terms and conditions as
provided for in the Agreement being hereby referred to and
under a part hereof for all purposes as though fully set
out herein.
It is FURTHER ORDERED that said Agreement be
forwarded to the County Attorney's Office for approval as
to form.
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