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Ordinance No. 5,789910228-8 ORDINANCE NO. 5789 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO 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 THEREOF. 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 authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to a 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. 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 28th day of February, 1991. QtMETT--O. HUT O, Mayor ATTEST: Alm;70 EILEEN 1). RMLL, City Clerk ACIO RAMIREZ, ., Assistant City Attorney C :1:16:5 EXHIBIT "A' • • AGREEMENT 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. WITNE��ETN: WHEREAS, said City and County in the interest of providing a tool for continuing self - education, enlightenment, and enrichment have jointly provided library services within the City limits of Baytown; and WHEREAS, said City and County, pursuant to the provisions 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: 1. City and County agree that subject to the provisions hereof, henceforth the City will operate the bookmobile program at designated centers within the City of Baytown and in unincorporated areas in Harris County. This program 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) hours of service per week to the following neighborhoods and nursing homes. -1- 18 Institutions Saint James House of Baytown (home for the aged) Baytown Senior Center Lee College Senior Citizens Centennial Square Housing for the Aged San Jacinto Elementary School Edison Courts Baytown Senior Citizens and Information Center Neighborhoods Linus Oaks of Baytown apartments McNair King's Colony Stewart Heights Archla Courts Third Street at East Humble Bayway Townhomes Sam Houston Courts Cypress at Cedar 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. -2- I ►II 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 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 of 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. ly 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 April 1, 1991, to March 31, 1992, and the County agrees to pay to the City the sum of TWENTY -NINE THOUSAND FIVE HUNDRED FIFTEEN AND NO/ 100 ($29,515.00) 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 involved in providing this service. On the effective date of this agreement, the City will bill the County for the above mentioned amount of TWENTY -NINE THOUSAND FIVE HUNDRED FIFTEEN AND NO/ 100 ($29,515.00) 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 -NINE THOUSAND FIVE HUNDRED FIFTEEN AND NO/ 100 ($29,515.00) DOLLARS for and in consideration of the performance of this agreement by the City. It is further expressly understood that the County has the maximum sum of TWENTY -NINE THOUSAND FIVE HUNDRED FIFTEEN AND NO/ 100 ($29,515.00) 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 -3- the City hereunder shall not, under any conditions, circumstances, or • interpretations hereof, exceed the sum of 'TWENTY -NINE THOUSAND FIVE HUNDRED FIFTEEN AND NO/ 100 ($29,515.00) DOLLARS. C� -4- EXECUTED IN DUPLICATE ORIGINALS, this the day of 1991. HARRIS COUNTY ATTEST: BY: EILEEN P. HALL, City Clerk City of Baytown, Texas APPROVED AS TO FORM: MIKE DRISCOLL, County Attorney Harris County, Texas , City Attorney City of Baytown, Texas I hereby certify that funds are available in the amount of $29,515.00 to pay the obligation of Harris County under the fore- going agreement. JOE FLACK, County Auditor Harris County, Texas -5- $Y: JON LINDSAY, County Judge Harris County, Texas CITY OF BAYTOWN By: EMMETT O. HUTTO, Mayor City of Baytown, Texas ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN FOR BOOKMOBILE PROGRAM TO CENTERS WITHIN THE CPIY OF BAYTOWN AND CITIZENS IN UNINCORPORATED AREAS IN HARRIS COUNTY THE STATE OF TEXAS ) ( COUNTY OF HARRIS ) On this, the day of , 1991, the Commissioners Court of Harris County, being duly convened at a regular meeting of the Court, upon motion of Commissioner , duly put and carried, , seconded by Commissioner 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, 1991, 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.