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HomeMy WebLinkAboutO-2000-2401 e e ORDXHANCE HO. 2000-:l LJOJ AN ORDXHANCE APPROVXHG AND AUTHORXZXNG AN AGREEMENT BETWEEH THE CXTY OF LA PORTE AND HARRXS COUNTY, PROVXDXHG FOR THE OPERATXOH OF THE HARRXS COUNTY LXBRARY-LA PORTE BRANCH, FOR AN XHXTXAL TERM COMMEHCXHG JANUARY 1, 2001; MAIUHG VARXOUS FXHDXHGS AND PROVXSXOHS RELATING TO THE SUBJECT; FXHDXHG COMPLXANCE WITH THE OPEH MEETXHGS LAW; AND PROVIDING AN EPPECTXVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 2000- e PASSED AND APPROVED, this loth day of April, 2000. ~~Hu tha A. illett () ty Secretary Knox W. Askins City Attorney By: CITY OF LA PORTE ~~ tIlo man L. alon Ma r P.H;E 2 , ,~ \ . , e . , Catherine S. Ensign County Librarian 8080 EI Rio Street Houston, Texas 77054-4195 "There's a Branch Near You" (713) 749-9000 Fax: (713) 749-~090 -1 .1'1 AGfiNDA DATE: April 18, 2009 April 11, 2000 - '. . . Honorable F.\obert Eckels, County Judge Commissioners of Harris County 1001 Preston Houston, Texas 77002 " Gentlemen: I respectfully request that Judge Robert Eckels be given authorization to sign the enclosed two original agreements between Harris County and the City of La Porte pertaining to the operation of the new 23,257 square foot library building to be completed in early 2001. As part of this agreement, Harris County will operate the library and the City of La Porte will own the building and maintain the building and grounds. The City of La Porte will also provide the furnishings and technology for the new library. This agreement is similar to the agreement Harris County has with the City of Galena Park. . This agreement has been written and approved by the County Attorney's office. J also respectfully request that one signed original agreement be sent to me for forwarding to the City of La Porte: Thank you. Presented to Commi<l<:innl!rs' Court !... i.... t:':' " . - . (..:' s~ ~ APR 18 2000 APPROVE /= / € Recorded Vol_Page_ :." !O Catherine S. Ensign Director ~t...: ;0 -,...' ~.:!j~ ~ . (".' . '..:. .. r.,) ABSTAIN: Judge Eckels ...., i:-:/ .l'.:: ::. . _~ . .....' ,:-;-. :: : l- ~ C. ... "I Cc: Virginia Greene, Precinct Two Donald Thomas, Coordinator of Financial Services -- f., Fftl\ {1~O ~\ ~+o k.orc..Vj e e AGREEMENT TIlE STATE OF TEXAS COUNTY OF HARRIS ~ ~ ~ THIS AGREEMENT, made and entered into by and between Harris COWlty, a body corpo~ate and politic Wlder the ~a~s of the St~te of Texas, hereinafter called the "COWlty," and the CIty of LA PORTE, a mumclpal corporation under the laws of the State of Texas, acting herein by and through its Mayor, thereunto duly authorized, hereinafter called "City," WITNES SETH: WHEREAS, the City, in the interest of providing a tool for continuing self education, enlightenment and enrichment, houses a public library within the City limits of La Porte for the residents of the City and the County; and WHEREAS, the COWlty is willing to operate the library as the Harris County Public Library-La Porte Branch, hereinafter called "the Library", pursuant to the provisions of TEx. LoCAL GoV'T CODE ANN. ~323.008 (VERNON 1999); and WHEREAS, the County is willing to operate the Library, provided the eity maintains the building as provided herein; NOW, THEREFORE, the City and County, in consideration of the mutual covenants and agreements herein contained, agree as follows: I. Following the completion of the construction of the building for the Harris County Public Library-La Porte Branch by the City, the City will own the Library building and will provide maintenance for the Library building including, but not limited to, the air conditioning and heating equipment, walls, doors, doorways, floors, floor covering, ceilings, windows and roof, and will provide grounds maintenance, landscaping, garbage pick up and janitorial service for the Library on a. regular basis. The City will also provide utilities and pay the utility bills at the Library. The City will also provide furniture and furnishings for the Library, and will maintain the furniture and furnishings it provides. The City will retain ownership of furnishings and fixtures provided by the City. ' II. The County will operate the Library and provide a full range of library materials for the Library, which are customarily provided in public library programs to the citizens of Harris County. The County will provide support services for the Library including acquisitions, cataloging and processing of all materials; delivery of materials; continuing education for the staff; management support for the operation of the Library; and a technology system for the Library. ill. The County will formulate the policies and procedures of operation of the Library, and will schedule the use of the meeting room in the Library. The City will coordinate, with the La Porte Branch librarian, scheduling and use of the meeting room for any and all City hosted or sponsored activities. e e N. The County will appoint as many librarians, library aides and other support staff as are necessary to provide library services. The programs will be Wlder the complete supervision, management, control and direction of the COWlty. The City will not direct or supervise the COWlty or any of its employees. The City will look to the COWlty for results only. The COWlty employees are to be directly responsible to the COWlty and will receive their salaries from the COWlty. v. The COWlty retains ownership of furnishings, books and equipment furnished by the County inside the building. The County will maintain the furnishings provided by the COWlty. VI. The COWlty will provide fax and data communication lines for the Library's Information Technology System. The COWlty will provide photocopy machines for both staff and public use. The City will purchase computer and printer equipment to open the library, according to County Library specifications. The City has no duty to maintain, repair and replace the computer and printer equipment, nor purchase any additional computer and printer equipment. VIT. The term of this Agreement is for a period of one (1) year, beginning on January 1,2001 and ending December 31, 2001. The term of this agreement will be automatically extended for one-year periods, provided, however, notwithstanding anything herein to the contrary, or that may be construed to the contrary, either party may terminate this agreement at any time upon thirty (30) days prior written notice to the other party. Vlll. In the event of the COWlty'S default in any of the terms or provisions for this agreement, the sole remedy of the City is to terminate this agreement. IX. All notices and communications required or permitted to be given by the COWlty to the City under this Agreement may be given by registered or certified u.S. Mail, postage prepaid, return receipt requested, addressed to City Manager, City of La Porte, P.O. Box 1115, La Porte, Texas 77572. All notices and communications required or permitted to be given by the City to the COWlty Wlder this Agreement may be given by registered or ce~ified U.~. Mai!, postage prepaid, return receipt requested, addressed to COWlty Judge of HarriS COWlty, Hams COWlty Administration Building, 1001 Preston, 9th Floor, Houston, Texas 77002. x. The City represents that it has sufficient funds available to meet its obligations hereWlder. 2 e . XI. The County h8;S no County funds specifically available for the operation of the La Porte Branch Library. In the event of the County's failure to perform its obligations hereunder, the sole and exclusive remedy of the City is to terminate this Agreement. ; EXECUTED IN DUPLICATE ORIGINALS, this the , 2000. day of APPROVED AS TO FORM: MICHAEL P. FLEMING County Attorney HARRIS COUNTY ~~!.~ By WILLIAM R. BR Deputy Division Chief IlLAPORTE OOGEN0398 By R AITEST: CITY OF LA PORTE ~.~ I U_~ ~. G . L , City Secretary B~~? N . L. LONE, Mayor COUNTERSIGNED: fa ~ '..)Jfl v.i - ~ ~~C'ector of Finance CYNTHIA ALEXANDER ~PROVED AS TO FORM: / ~z{,lu~ KNOX W. ASKINS, City Attorney 3 e . Presented to Commissioners' Court APR 18 2000 THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ APPROVE Recorded Vol_Page_ The Commissioners 'Court of Harris County, Texas, convened at a meeting of said Court at the ~s County Administration Building in the City of Houston, Texas, on the _ day of 2000, with the following members present, to-wit: Robert Eckels EI Franco Lee James Fonteno Steve Radack Jerry Eversole County Judge Commissioner, Precinct No.1 Commissioner, Precinct No.2 Commissioner, Precinct No.3 Commissioner, Precinct No.4 AND THE FOLLOWlNG MEMBERS ABSENT, TO-WIT: ~ , CONSTITUTING A QUORUM, WHEN AMONG OTHER BUSINESS, THE FOLLOWlNG WAS TRANSACTED: ORDER AUmORIZING INTERLOCAL AGREEMENT WITH THE CITY OF LA PORTE FOR THE OPERATION OF THE HARRIs COUNTY PUBLIC LffiRARY - LA PORTE BRANCH Commissioner J ~ introduced an order and made a motion that the same be adopted. Commissioner ~ seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: AYES: q- NAYS:?' () ABSTENTIONS: / - "-' ~Jc-. ~ The COWlty Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the City, in the interest of providing a tool for continuing self education, enlightenment and enrichment, houses a public library within the City limjts of La Porte for the residents of the City and the County; and WHEREAS, the County is willing to operate the library as the Harris County Public Library-La Porte Branch, hereinafter called "the Library," pursuant to the provisions of TEx. LoCAL GoV'T CODE ANN. ~323.008 (VERNON 1999); and WHEREAS, the COWlty is willing to operate the Library, provided the City maintains the building as provided herein; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: The Harris County Judge is hereby authorized to execute for and on behalf of Harris COWlty an Agreement by and between Harris County and the City of La Porte for the operation of the Harris County Public Library - La Porte Branch, located in the City of La Porte, for the citizens of the City of La Porte and Harris County.