2003-372ORDINANCE NO. A0J `3 '7A
AN 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 authorized 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 AND APPROVED this the /04 day of 2003.
Z'z"A.c
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPIWVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: C art L 7`
FAshamd\dept\LGL\Our Documents\0rdinances\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 and between
Denton County, a political subdivision of Texas, hereinafter
referred to as "COUNTY," and the City of Denton, a municipality
of Denton County, Texas, hereinafter referred to as
"MUNICIPALITY."
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 City of Denton is a duly organized MUNICIPALITY
of Denton County, Texas engaged in the provision of library
service and related services for the benefit of the citizens of
MUNICIPALITY; and
WHEREAS, both MUNICIPALITY and COUNTY are legally authorized
to perform individually the functions or services set forth in
this Contract in full compliance with V.T.C.A., Local Government
Code § 791.011(e)(2); and
WHEREAS, COUNTY has requested and MUNICIPALITY has agreed to
provide library services for all residents of Denton County; and
WHEREAS, COUNTY and MUNICIPALITY mutually desire to be
subject to the provisions of V.T.C.A., Government Code Chapter
INTERLOCAL COOPERATION AGREEMENT
LIBRARY SERVICES 2003-2004
CITY OF DENTON
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:
I.
The term of this agreement shall be for the period from
October 1, 2003 through September 30, 2004.
II.
For the purposes and consideration herein stated and
contemplated, MUNICIPALITY shall provide library services for the
residents of COUNTY without regard to race, religion, color, age,
disability and/or national origin. Upon proper proof by
individual(s) of residence in Denton County, Texas, such
individual(s) shall be entitled to be issued, at no cost, a
library card to be used in connection with said library services.
MUNICIPALITY 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 development programs and/or
materials for all ages.
Outreach services to eliminate barriers to library
services.
Educational programs designed to enhance quality of
life for adults.
INTERLOCAL COOPERATION AGREEMENT 2
LIBRARY SERVICES 2003-2004
CITY OF DENTON
III.
COUNTY designates the County Judge to act on behalf of
COUNTY and serve as liaison officer for COUNTY with and between
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
time and attention to the execution of said duties on behalf of
COUNTY in full compliance with the terms and conditions of this
agreement, and 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 Director of Library Services
to act on behalf of MUNICIPALITY and to serve as liaison officer
of MUNICIPALITY with and between MUNICIPALITY and COUNTY 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, and, shall provide management of MUNICIPALITY'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.
INTERLOCAL COOPERATION AGREEMENT 3
LIBRARY SERVICES 2003-2004
CITY OF DENTON
MUNICIPALITY shall provide to COUNTY a copy of the annual
report submitted to the Texas State Library and shall respond to
COUNTY's annual questionnaire as documentation of expenditures
and provision of service.
V.
The MUNICIPALITY shall be solely responsible for all
techniques, sequences, procedures, and means and for the
coordination of all work 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 and give all attention
necessary for such proper supervision and direction.
VI.
The MUNICIPALITY agrees that its library department shall
assume the functions of a COUNTY library and agrees to provide a
librarian who holds or secures a COUNTY librarian's certificate
from the Texas State Library and Archives Commission. Local
Government Code, section 323.011(b).
VII.
COUNTY agrees to and accepts full responsibility for the
acts, negligence and/or omissions of all COUNTY's employees,
agents, sub-contractors, and/or contract laborers and for those
of all other persons doing work under a contract or agreement
with the COUNTY.
INTERLOCAL COOPERATION AGREEMENT 4
LIBRARY SERVICES 2003-2004
CITY OF DENTON
VIII.
The MUNICIPALITY agrees and accepts full responsibility for
the acts, negligence, and/or omissions of all the MUNICIPALITY's
employees, agents, sub-contracts, and/or contract laborers, and
for those of all other persons doing work under a contract or
agreement with said MUNICIPALITY.
IX.
This agreement is not intended to extend the liability of
the parties beyond that provided by law. Neither MUNICIPALITY
nor COUNTY waives any immunity or defense that would otherwise be
available to it against claims by third parties.
X.
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 COUNTY.
XI.
COUNTY understands and agrees that COUNTY, its employees,
servants, agents and representatives shall at no time represent
themselves to be employees, servants, agents, and/or
representatives of MUNICIPALITY.
XII.
The address of County is:
County Judge, Denton County
110 West Hickory
Denton, Texas 76201
Telephone: 940-565-8687
The address of Municipality is:
City of Denton, North Branch Library
3020 N. Locust
INTERLOCAL COOPERATION AGREEMENT 5
LIBRARY SERVICES 2003-2004
CITY OF DENTON
Denton, Texas 76209
Attention: Director of Library Services
Telephone: 940-349-8200
XIII.
For the full performance of the services above stated,
COUNTY agrees to pay MUNICIPALITY fees as described herein.
COUNTY shall pay MUNICIPALITY fees in the amount of $1.25 per
capita, for a total of ONE HUNDRED FORTY THOUSAND NINE HUNDRED
SIXTY FIVE DOLLARS AND N01100 ($140,965.00), based upon North
Central Texas Council of Governments population figures provided
to Denton County by the Library Advisory Board, payable in equal
quarterly installments to MUNICIPALITY commencing October 1,
2000. In addition, the COUNTY agrees to pay MUNICIPALITY an
amount not to exceed TEN THOUSAND DOLLARS ($10,000) in matching
funds upon the following conditions.
1) MUNICIPALITY shall attempt to secure funding from
sources other than Denton County.
2) Upon receipt of additional funding, MUNICIPALITY shall
provide proof of the receipt of such funds to the
Denton County Auditor on a quarterly basis.
3) Denton County shall match MUNICIPALITY's additional
funding in an amount not to exceed $10,000.00.
4) Payment by COUNTY to MUNICIPALITY shall be made in
accordance with the normal and customary processes and
business procedures of COUNTY, and payment shall be
satisfied from current revenues of the COUNTY.
INTERLOCAL COOPERATION AGREEMENT 8
LIBRARY SERVICES 2003-2004
CITY OF DENTON
XIV.
This agreement may be terminated at any time, as stated in
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, together with reimbursable expenses 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 overcompensated
for reimbursable expenses as authorized by this agreement, then
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.
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.
INTERLOCAL COOPERATION AGREEMENT 7
LIBRARY SERVICES 2003-2004
CITY OF DENTON
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 on L//~Ii~2GYLNK Yi' 2003 in duplicate
originals in Denton County, Texas by the authorized
representatives.
COUNTY
By & "/"0001
Mary Horn
County Judge
MUNICIPALITY
By &A
Euline Brock
Mayor
Acting on behalf of and by the
authority of the Commissioners
Court of Denton County, Texas
ATTEST:
INTERLOCAL COOPERATION AGREEMENT
LIBRARY SERVICES 2003.2004
CITY OF DENTON
Ordinance
i42svlnt ivn # C0 - 7~
Dated
APPROVED AS TO FORM: APPROVED AS TO FORM:
Assistant District Attorney City Attorney
APPROVED AS TO CONTENT:
Director, Library Services
INTERLOCAL COOPERATION AGREEMENT
LIBRARY SERVICES 2003-2004
CITY OF DENTON
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $ ,eu "l (PIS c~
to accomplish and pay the obligation of Denton County under this contrac .