Ordinance No. 6,739930812 -25
ORDINANCE NO. 6739
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 6658 PASSED ON MAY 27,
1993; 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 repeals Ordinance No. 6658 passed on May 27, 1993.
Section 2: 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 with
Harris County with regard to providing bookmobile programs within
Baytown and in unincorporated areas in the County. A copy of said
contract is attached hereto, marked Exhibit "A," and made a part
hereof for all intents and purposes.
Section 3: 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 12th day of August,
1993.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. City Clerk
ACIO RAMIREZ, S , City Attorney
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AGREEMENT
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
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, the County desires to have library services provided
to the aged and economically deprived at certain locations within
the corporate limits of Baytown and to certain unincorporated areas
in Harris County; and
WHEREAS, the City of Baytown is willing to provide such
services through a bookmobile during the term of this Agreement if
the County will agree to provide funding as provided herein; and
WHEREAS, pursuant to the provisions of the Interlocal
Cooperation Act, TEX. GOVT CODE ANN. 5791.001 (Vernon 1992), the
City and the County are authorized to enter into an agreement for
such program;
NOW, THEREFORE, the City and the 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 locations in order
to provide library services 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 locations: Saint James
House of Baytown, Baytown Senior Center, Lee College Senior
Citizens, Centennial Square Housing for the Aged, Baytown Senior
Citizens and Information Center, San Jacinto Elementary School, Oaks
of Baytown Apartments, Bayway Townhomes, and the neighborhoods of
Edison Courts, Linus, McNair, King's Colony, Archia Courts, Third
Street at East Humble, and Cypress at Cedar. Said service areas are
shown on a map marked "Exhibit A," which is attached hereto and
incorporated herein.
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II.
The City will provide to the citizens to be served by the
bookmobile program a full range of such library materials as are
customarily provided in free public library programs.
III.
The City, in its discretion, shall appoint as many librarians,
library aides, and drivers as are necessary to provide the
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 or
any City employees in the Cityls 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.
IV.
The County "s participation in this library program will be
indicated with the words "Harris County" on both sides and the rear
of the bookmobile. The bookmobile shall be owned and operated by
the City. City and County agree that County shall not be liable for
any damage which may occur to the bookmobile during the term of this
Agreement.
V.
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, c/o Harris County Public Library, 8080 El Rio Street,
Houston, Texas 77054 -4195. 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, a list of publicity items
utilized, library activities conducted during said month, and other
narrative and statistical information as may be requested by the
County Librarian.
VI.
The term of this Agreement is for a period of one (1) year,
commencing April 1, 1993, and ending March 31, 1994.
VII.
City has furnished to County a statement in the amount of
Twenty -Five Thousand and No /100 Dollars ($25,000.00), setting forth
• the anticipated expenses for personnel to operate said bookmobile
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program, a copy of said statement being attached and made a part of
this Agreement as "Exhibit B."
Within thirty (30) days after execution of this Agreement by
all parties hereto, County will pay City Twenty -Five Thousand and
No /100 Dollars ($25,000.00) for the anticipated expenses for
personnel. City agrees to use these funds exclusively to pay for
the personnel expenses contemplated under this Agreement.
VIII.
Not later than thirty (30) days after the completion of the
said bookmobile program, the City will submit to County an itemized
accounting of its actual personnel expenses for said bookmobile
program. Should the amount of funds deposited with City exceed the
actual personnel expenses, City shall refund the difference between
the actual personnel expenses and the amount previously received to
County within thirty (30) days of the date of notice from County
that a refund is due. Should the final accounting reveal a deficit,
no part of the deficit shall be charged to the County.
IX.
City has been advised and is aware that County has available
the sum of Twenty -Five Thousand and No /100 Dollars ($25,000.00) for
all obligations under this Agreement. In this regard, the maximum
liability of County to City for the services to be provided
hereunder shall not, under any circumstances or interpretations
hereof, exceed the said sum of Twenty -Five Thousand and No /100
Dollars ($25,000.00).
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City shall perform its services hereunder in accordance with
generally accepted standards applicable thereto, and shall observe
and comply with all Federal, State, and local laws, ordinances, and
regulations in effect and which may hereafter be promulgated.
XI.
Either County or City may terminate this Agreement, without
cause, prior to the expiration of the term set forth above, upon at
least thirty (30) days written notice to the other party. Within
thirty (30) days after the effective date of such termination, City
shall refund to County the difference between the actual personnel
expenses incurred, up to the date of termination, and the amount
paid to City under Section VII above. Further, City shall submit,
along with said refund, an itemized accounting of its personnel
expenses for said bookmobile program up to the date of termination.
• In the event of any dispute between County and City as to the amount
of refund due and payable to County as a result of termination under
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this Section, the decision of the Harris County Auditor as to the
amount due and payable shall be final.
XII.
Notwithstanding any other agreements, City shall, to the extent
permitted by law, defend, indemnify, and hold County harmless from
and against any and all losses, expenses, demands, and claims made
against County arising in any manner from City's participation under
this Agreement whether caused by County's negligence or not.
XIII.
Any notice required or permitted to be given by County to City
hereunder shall be given by certified or registered United States
Mail, postage prepaid, return receipt requested, addressed to:
Sterling Municipal Library
Public Library Avenue
Baytown, Texas 77520
Attn: Flora Wilhite, Library Director
Any notice required or permitted to be given by City to County
hereunder shall be given by certified or registered United States
Mail, postage or fee prepaid, return receipt requested, addressed
to:
Harris County Commissioners Court
1001 Preston, 9th Floor
Houston, Texas 77002
Attn: Clerk of the Commissioners Court
Any notice shall be considered given and complete upon deposit
in the United States Mail as aforesaid. Any party may designate a
different address by giving the other party ten (10) days written
notice in the manner provided above.
XIV.
City will not make, in whole or in part, any assignment,
delegation, or subcontract of this Agreement or of any rights, duty,
or obligation of performance hereunder without the prior written
consent of County.
XV.
• This instrument, together with the instruments heretofore
incorporated herein by reference, contains the entire Agreement
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between the parties relating to the rights herein granted and the
obligations herein assumed. Any oral representation or modification
concerning this instrument shall be of no force or effect.
XVI.
This Agreement shall be construed according to the laws of the
State of Texas.
IN TESTIMONY OF WHICH, this Agreement, in duplicate
counterparts, each having equal force and effect of an original, has
been signed on behalf of the parties hereto as follows, to -wit:
a. It has on the day of , 1993,
been executed on behalf of the County by the County
Judge of Harris County, Texas, pursuant to an Order
of the Commissioners Court of Harris County
authorizing such execution.
b. It has on the day of 1, 1993,
been executed on behalf of the City by the Mayor of
Baytown, Texas, pursuant to an Ordinance of the City
Council of Baytown authorizing such execution.
APPROVED AS TO FORM:
HARRIS COUNTY
MIKE DRISCOLL
County Attorney
By w , By 'It
MMILY)N BARNES
Assistant County Attorney
ATTEST:
By
EILEEN P. HALL, City Clerk
IGNACIO RAMIREZ, SR., City Attorney
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JON LINDSAY
County Judge
CITY OF BAYTOWN
By
PETE C. ALFARO, Mayor
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I hereby
$25,000.00 to
herein.
AUDITOR'S ClUtTIFICATE
certify that funds are available in the amount of
accomplish and pay the obligations of Harris County
TOMMY J. TOMPKINS
County Auditor
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Date:
To:
From:
Subj:
EXHIBIT B
STATEMENT
21 June 1993
Rhoda Goldberg, Assistant County Librarian
Harris County Libraries
Flora R. Wilhite, City Librarian
Sterling Municipal Library
Harris County Grant 1993 -94
The following budget has been developed for the 1993 -94 Harris
County Grant to Sterling Municipal Library for bookmobile services:
71003 All other - part time salaries $23,110
71023 Social security 1,768
72028 Workmen's compensation 122
$25,000
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