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Ordinance No. 5,554900524 -16 ORDINANCE NO. 5554 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR . AND CITY CLERK OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT 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: 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 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 day of 1990. �m EMMETT O. HUTTO, Mayor ATTEST: STEE—EN P. L, City Clerk APPROVED: RANDALL B. STRONG, Ci Attorney • • A G R E E M E N T THE STATE OF TEXAS § COUNTY OF HARRIS § #27,455(jaa) 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, a municipal corporation under the laws of the State of Texas, acting herein by and through its Mayor, thereunto duly authorized, hereinafter called "City "; W I T N E S S E T H• WHEREAS, said City and County, in the interest of tool for continuing self -- education, enlightenment, and desire to jointly provide library services within the of Baytown; and WHEREAS, said City and County, pursuant the Interlocal Cooperation Act, Article 4413 Statutes of the State of Texas, 1925, as ame that it would be in the best interest of the and of the citizens and inhabitants thereof, library service to said citizens; providing a enrichment, - City limits to the provisions of (32c) , Revised Civil rnded, have determined City and the County, to provide improved NOW, THEREFORE, the City and County, in consideration of the mutual covenants, benefits and promises herein contained, agree as follows: I. During the term of this agreement, the City will operate a bookmobile program at the hereinbelow designated centers within the City of Baytown and in the unincorporated areas in Harris County. This program will meet the library needs of citizens of Baytown and Harris County, including, but not limited to, the aged and the economically deprived. The City will provide no fewer than twenty - five (25) hours of service per week to the following institutions and neighborhoods: 0 Institutions Saint James House (home for the aged) Baytown Senior Center Lee College Senior Citizens Centennial Square Housing for the Aged Baytown Opportunity Center Edison Courts Baytown Senior Citizens and Information Center Neighborhoods Linus Oaks of Baytown apartments McNair King's Colony Stewart Heights Archia Courts Third Street at East Humble Bayway Townhomes Cherry at Cedar Cypress at Cedar II. On or about the last day of each month during the term of this agreement, the City will provide a written report to the County Librarian. Said monthly reports shall include, but not be limited to, a description of the programs provided during the said month covered by the report, the number of programs provided, the number of persons registered with library cards, the number of persons using the bookmobile program, publicity items, activities during said month, and other narrative and statistical items. III. The City will provide a full range of library materials, which are customarily provided in free public library programs, to the citizens to be served in the bookmobile program. IV. The City, in its discretion, shall appoint as many librarians, library aides and drivers as are necessary to provide the • 2 bookmobile services. Said 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 on any City 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. The County participation in this library program will be indicated with the words "Harris County" on both sides and the rear of the bookmobile. VI. The term of this agreement is for a period of one (1) year, commencing April 1, 1990 and ending March 31, 1991. VII. For and in consideration of the services to be provided by the City hereunder, the County shall pay to the City the sum of TWENTY - EIGHT THOUSAND SIX HUNDRED FIFTY -FIVE AND N01100 ($28,655.00) DOLLARS, said payment being based upon the best estimate of the actual costs of personnel and vehicle maintenance involved in providing the hereinabove described bookmobile service. On _or after the effective date of this agreement, the City will bill the County for the above mentioned amount of TWENTY -EIGHT THOUSAND SIX HUNDRED FIFTY -FIVE AND N01100 ($28,655.00) DOLLARS. Within thirty (30) days after receipt of such billing, the County will pay the City the amount thereof, provided, however, in no event will the County be obligated to pay the City more than TWENTY -EIGHT THOUSAND SIX HUNDRED FIFTY -FIVE AND N01100 ($28,655.00) DOLLARS for the performance of this agreement by the City. It is expressly understood that the County has the maximum sum of TWENTY -EIGHT THOUSAND SIX HUNDRED FIFTY -FIVE AND NO 1100 ($28,655.00) DOLLARS allocated to fully discharge its obligation under this agreement and it is further understood that the total amount that the County shall be liable to pay the City hereunder shall not, under any 0 3 conditions, circumstances, or interpretations hereof, exceed the said sum of TWENTY -EIGHT THOUSAND SIX HUNDRED FIFTY -FIVE AND N01100 ($28,655.-00) DOLLARS. EXECUTED in duplicate originals, this the day of 1990. HARRIS COUNTY By JON LINDSAY County Judge ATTEST: By EILEEN P. HALL, City Clerk City of Baytown APPROVED AS TO FORM: MIKE DRISCOLL County Attorney Assistant County Atto ey RANDALL B. STRONG, City Attorney CITY OF BAYTOWN By EMMETT O. HUTTO, Mayor City of Baytown AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $28,655.00 to accomplish and pay the obligations of Harris County herein. J. F. FLACK, County Auditor Harris County, T e x a s 10 4 l J L` ORDER AUTHORIZING EXECUTION OF 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 1990, the Commissioners Court of Harris Count b regular meeting of the Court, upon moti nul of convened 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, commencing April 1, 1990, upon the terms and conditions as provided for in the Agreement herein referred to and made a part hereof for all purposes as though fully set out herein.