2004-359AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL
COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, both the City of Denton and Denton County are political subdivisions of the
State of Texas that are authorized to enter into interlocal contracts under TEX. GOV'T CODE,
ch. 791 and TEX. LOCAL GOV'T CODE, ch. 323; and
WHEREAS, the City Council deems it in the public interest to enter into this interlocal
contract with Denton County to provide library services for Denton County; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That the Mayor, or in her absence, the Mayor Pro Tem, is author/zed to
execute an Interlocal Cooperation Agreement for Library Services with Denton County
substantially in the form of the contract which is attached hereto and made a part of this
ordinance for all purposes.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED ANDAPPROVEDthisthe /'b~/~ dayof ~/~_~_~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
FSshared~dept\LGL\Our Documents\Ordinances\03\County Library Agreement.doc
STATE OF TEXAS,
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT
FOR LIBRARY SERVICES
THIS AGREEMENT is made and entered into by
-Den~-on CS~t-~i a po-fi~i~aI"--~q~di~f~i~ ~f Texas,
referred to as "COUNTY," and the
municipality of Denton County, Texas,
"MUNICIPALITY."
and between
Denton Public Library a
hereinafter referred to as
WHEREAS, COUNTY is a duly organized political subdivision of
the State of Texas engaged in the administration of county
government and related services for the benefit of the citizens
of Denton County; and
WHEREAS, the Denton Public Library is a
MI/NICIPALITY of Denton County,
library service and related
citizens of MT~NICIPALITY; and
duly organized
Texas engaged in the provision of
services for the benefit of the
WHEREAS, COUNTY has requested and MUNICIPALITY has agreed to
provide library services for all residents of COUNTY; and
WHEREAS, COUNTY and MUNICIPALITY mutually desire to be
subject to the provisions of V.T.C.A., Government Code Chapter
791, the Interlocal Cooperation Act; and V.T.C.A., Local
Government Code Chapter 323, County Libraries.
NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual
consideration hereinafter stated, agree and understand as
follows:
The term of this Agreement shall be for the period from
October 1, 2004 through September 30, 2005.
II.
For the purposes and consideration herein stated and
contemplated, MUNICIPALITY shall provide library services for the
residents of COIINT¥ without regard to race, religion, color, age,
disability and/or national origin. Upon proper proof by
individual(s) of residence in COUNTY, such individual(s) shall be
entitled to be issued, at no cost, a library card to be used in
connection with said library services.
~UNICIPALIT¥ shall develop and maintain through the Library
one or more of the following programs of service:
Educational and reading incentive programs and
materials for youth.
Functional literacy materials and/or tutoring programs
for adults.
Job training/career
materials for all ages.
Outreach services to
services.
Educational programs
life for adults.
III.
COIYNTY designates the County
COUNTY and serve as liaison officer
development programs and/or
eliminate barriers to library
designed to enhance quality of
COUNTY and MUNICIPALITY. The County Judge or his designated
substitute shall insure the performance of all duties and
obligations of COUNTY herein stated and shall devote sufficient
LIBRARY A~RE~E~ 04-0~ 2
Judge to act on behalf of
for COlIN=fY with and between
time and attention to the execution of said duties on behalf of
COUNTY in full compliance with the terms and conditions of this
Agreement. The County Judge shall provide immediate and direct
supervision of COUNTY's employees, agents, contractors, sub-
contractors, and/or laborers, if any, in the furtherance of the
purposes, terms and conditions of this Agreement for the mutual
benefit of COUNTY and MUNICIPALITY.
IV.
MUNICIPALITY shall designate the Director of Library
Services to act on behalf of ~u-NICIPALITY and to serve as liaison
officer of MUNICIPALITY with and between MUNICIPALITY and COUNT~
to insure the performance of all duties and obligations of
MUNICIPALITY as herein stated and shall devote sufficient time
and attention to the execution of said duties on behalf of
MUNICIPALITY in full compliance with the terms and conditions of
this Agreement. The Director of Library Services shall provide
management of MUNICIPA3~ITY's employees, agents, contractors, sub-
contractors, and/or laborers, if any, in the furtherance of the
purposes, terms and conditions of this Agreement for the mutual
benefit of MUNICIPALITY and COUNTY.
MUNICIPALITY shall provide to COI/NTY a copy of the annual
shall respond to
of expenditures
report submitted to the Texas
COUNTY's annual questionnaire
and provision of services.
MUNICIPALITY shall be
sequences,
State Library and
as documentation
procedures,
solely responsible for all techniques,
and for the coordination of all work
LIBP. ARy AGREEMENT 04-05 3
performed under the terms and conditions of this Agreement; shall
insure, dedicate and devote the full time and attention of those
employees necessary for the proper execution and completion of
the duties and obligations of the MUNICIPALITY stated in this
Agreement;
supervision and direction.
VI.
MI/NICIPALITY agrees that its library department shall
the functions of a COUNTY library and agrees to
librarian who holds
from the Texas State
and shall give all attention necessary for such proper
assume
provide a
or secures a County Librarian's certificate
Library and Archives Commission pursuant to
Local Government Code, Section 323.011(b).
VII.
COUNTY shall have full responsibility for the acts, and
negligence of all COUI~T¥'s employees, agents, sub-contractors,
and/or contract laborers, performing work under this Agreement.
VIII.
~UI~ICIPALITY
negligence,
contracts,
Agreement.
shall have responsibility for the acts and,
of all the MUNICIPALITY's employees, agents, sub-
and/or contract laborers performing work under this
This Agreement is not
IX.
intended to extend the liability of
the parties beyond that provided by law. Neither MIINICIPALITY
nor COUlqTY waives any immunity or defense that would otherwise be
available to it against claims by third parties.
MUNICIPALITY understands and agrees that the MUNICIPALITY,
its employees, servants, agents and representatives shall at no
time represent themselves to be employees, servants, agents
and/or representatives of COZrNTY.
XI.
COUNTY understands and agrees that COUNTY,
servants, agents and representatives shall at no
themselves to be employees, servants,
representatives of MI/NICIPALIT¥.
XII.
Any notice required by this Agreement shall
writing by either County or Municipality to
addresses.
The address of County is:
Mary Horn, County Judge, Denton County
110 West Hickory
Denton, Texas 76201
Telephone: 940-349-2820
The address of Municipality is:
Denton Public Library
3020 N. Locust St.
Denton, Texas 76209
Attention:Eva Poole
Telephone: 940-349-8756
its employees,
time represent
agents, and/or
be delivered in
the following
XIII.
For the full performance of the services above stated,
COUNTY agrees to pay bU3NICIPALIT¥ fees as described herein.
COUNTY shall pay MUNICIPALITY fees in the amount of $1.10 per
capita, for a total of $126,501.00, based upon North Central
04-05
Texas Council of Governments population figures provided to
COUNTY by the Library Advisory Board, payable in equal quarterly
installments to MUNICIPALITY commencing October 1, 2004. The
payments will be made from current revenues available to the
COUNTY. This amount fairly compensates the MI3NICIPALIT¥ for the
services performed under this agreement.
XIV.
This Agreement may be terminated at any time, as stated
Local Government Code 323.011(c), by either party giving six (6)
months advance written notice to the other party. In the event
of such termination by either party, MUNICIPALITY shall be
compensated pro rata for all services performed to termination
date then due and as authorized by this Agreement. In the event
of such termination, should MUNICIPALITY be overcompensated on a
pro rata basis for all services performed to termination date or
be 6vercompensated, as authorized by this Agreement, COUNTY shall
be reimbursed pro rata for all such overcompensation. Acceptance
of such reimbursement shall not constitute a waiver of any claim
that may otherwise arise out of this Agreement.
XV.
This Agreement represents the entire and integrated
Agreement between MUNICIPALITY and COUNTY and supersedes all
prior negotiations, representations and/or Agreements, either
written or oral. This Agreement may be amended only by written
instrument signed by both MUNICIPALITY and COUNTY.
XVI.
LIBRARY AGREEMENT 04-05 6
The validity of this Agreement and any of its terms or
provisions, as well as the rights and duties of the parties
hereto, shall be governed by the laws of the State of Texas.
Further, this Agreement shall be performable and all compensation
payable in Denton County, Texas.
XVII.
In the event that any portion of this Agreement shall be
found to be contrary to law, it is the intent of the parties
hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XVIII.
The undersigned officers and/or agents of the parties hereto
are the properly authorized officials and have the necessary
authority to execute this Agreement on behalf of the parties
hereto and each party hereby certifies to the other that any
necessary orders or resolutions extending said authority have
been duly passed and are now in full force and effect.
Executed in duplicate originals in Denton County, Texas by
the authorized representatives.
COUNTY
County Judge
Acting on behalf of and by the
authority of the Commissioners
Court of Denton County, Texas
MUNICIPALITY
Name: Euline Brock
Title: Mayor
City Council Meeting
Dated November 16, 2004
LIBRARY A(~REEMENT 04-05 7
ATTEST:
~De~on Coun~y Clerk
ATTEST:
Cit~ecre~ary -
APPROVED AS T~/~
~s~ist~nt Distrfct
Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Director, Library Services
LIBP-%RY AGP~EMENT 04-05