2002-395O INANCE NO.
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 ANDAPPROVEDthisthe /~? dayof ~t/2~,~, ,2002.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
F:\shared~dept~LGL\Our Doeuments\Ordinances\02\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,
"MUNICIPALITY."
WHEREAS, COUNTY is
Texas, hereinafter referred to as
a duly organized political subdivision of
the State of Texas engaged in the administration of COIIRTY
government and related services for the benefit of the citizens
of Denton County; and
WHEREAS, the City of Denton is a duly organized M73NICIPALITY
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 M-ONICIPALITY 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 2002-2003
CITY OF DENTON
791, the Interlocal Cooperation Act; and V.T.C.A., Local
Government Code Chapter 323, COUNTY Libraries.
NOW, THEREFORE, COUI~T¥ 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, 2002 through September 30, 2003.
II.
For the purposes and consideration herein stated and
contemplated, ~g3lqICIPALIT¥ 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 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.
M-u-NICIPALITY shall develop and maintain through the Library
one or more of the following programs of service:
Educational and reading incentive programs
materials for youth.
Functional literacy materials and/or
for adults.
Job training/career
materials for all ages.
Outreach services to
services.
Educational programs
life for adults.
and
tutoring programs
development programs and/or
eliminate barriers to library
designed to enhance quality of
INTERLOCAL COOPERATION AGREEMENT
LIBRARY SERVICES 2002-2003
CITY OF DENTON
III.
COO'NT¥ designates the County Judge to act on behalf of
COLrNT¥ 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
COO-NTY'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 COUI~TY and
MUNICIPALITY.
IV.
MUNICIPALITY shall designate
behalf of MUNICIPALITY and to
MUNICIPALITY with
the performance of
Eva Poole to act on
serve as liaison officer of
and between MIYNICIPALIT¥ and COUNTY to insure
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 b~3NICIPALIT¥ in full
compliance with the terms
shall provide management
contractors, sub-contractors,
and conditions of this agreement, and,
of ~KJNICIPALIT¥'s employees, agents,
and/or laborers, if any, in the
furtherance of the purposes, terms and conditions of
agreement for the mutual benefit of MUNICIPALITY and COIYNT¥.
MUNICIPALITY shall
report submitted to the
INTERLOCAL COOPERATION AGREEMENT
LIBRARY SERVICES 2002-2003
CITY OF DENTON
this
provide to COUI~TY a copy of the annual
Texas State Library and shall respond to
3
COUNTY's annual questionnaire as documentation of expenditures
and provision of service.
The ~TJNICIPALITY 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
librarian who holds or
from the Texas
Government Code,
State Library and
section 323.011(b).
VII.
a COUNTY library and agrees to provide a
secures a cOUNTY librarian's certificate
Archives Commission. Local
COI/NTY agrees to and accepts
acts, negligence and/or omissions
agents, sub-contractors, and/or contract
of all other persons doing work under a
with the COI/NTY.
full responsibility for the
of all COUI~TY's employees,
laborers and for those
VIII.
The ~-u-NICIPALIT¥ agrees and accepts full
the acts, negligence, and/or omissions of all
INTERLOCAL COOPERATION AGREEMENT
LIBRARY SERVICES 2002-2003
CITY OF DENTON
contract or agreement
responsibility for
the MUNICIPALITY's
4
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
the parties beyond that provided by law.
nor COUlqTY waives any immunity or defense
liability of
Neither MUNICIPALITY
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.
understands and agrees that COUNTY,
COUNTY
servants, agents and representatives shall at no
themselves to be employees, servants,
representatives of MUNICIPALITY.
XII .
The address of County is:
County Judge, Denton County
110 West Hickory
Denton, Texas 76201
Telephone: 940-349-2820
The address of Municipality is:
City of Denton
502 Oakland Street
Denton, Texas 76201
Attention: Eva Poole
Telephone: 940-349-8566
its employees,
time represent
agents, and/or
INTERLOCAL COOPERATION AGREEMENT
LIBRARY SERVICES 2002-2003
CITY OF DENTON
XIII.
For the full performance of
COUNTY agrees to pay MUNICIPALITY
COUNTY shall pay MUNICIPALITY fees
capita, for a total of ONE
HUNDRED SEVENTY-THREE DOLLARS
upon North Central Texas Council
the services above stated,
fees as described herein.
in the amount of $1.25 per
HUNDRED THIRTY-SIX THOUSAND FIVE
AND NO/100 ($136,573.00), based
of Governments population
NO/100THS ($10,000) in
conditions. MUNICIPALITY
sources
funding,
figures provided to Denton County by the Library Advisory Board,
payable in equal quarterly installments to MUNICIPALITY
commencing October 1, 2002 In addition, the COUNTY agrees to pay
MUNICIPALITY an amount not to exceed TEN THOUSAND DOLLARS AND
matching funds upon the following
shall attempt to secure funding from
other than Denton County. Upon receipt of additional
MUNICIPALITY shall provide proof of the receipt of such
funds to the Denton County Auditor on a quarterly basis. Denton
County shall match MUNICIPALITY's additional funding in an amount
not to exceed $10,000.00. 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.
XIV.
This agreement may be terminated at any time, as stated in
Local Government Cod~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
INTERLOCAL COOPERATION AGREEMENT
LIBRARY SERVICES 2002-2003
CITY OF DENTON
date, together with reimbursable expenses then due and as
authorized by this agreement. In the event of such termination,
should MUI~ICIPALITY 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
overcompensation. Acceptance of such reimbursement
constitute a waiver of any claim that may otherwise arise
this agreement.
all such
shall not
out of
XV.
This agreement represents the entire and integrated
agreement between ~-u-NICIPALIT¥ 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.
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.
INTERLOCAL COOPERATION AGREEMENT
LIBRARY SERVICES 2002-2003
CITY OF DENTON
7
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.
INTERLOCAL COOPERATION AGREEMENT
LIBRARY SERVICES 2002-2003
CITY OF DENTON
8
Executed on
originals in
representatiyes.
Denton County, Texas
, 2002
by the
in duplicate
authorized
COUNTY
Acting on behalf of
authority of the
Court of Denton Cou~!~
ATTEST:
~ ~ Dengon County Cler~
MUNICIPALITY
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Assistant District Attorn7
City Attorney
APPROVED AS TO CONTENT:
INTERLOCAL COOPERATION AGREEMENT
LIBRARY SERVICES 2002-2003
CITY OF DENTON