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HomeMy WebLinkAbout04/07/1969 Item #E-3b<,.; FILE: CITY OF NEWPORT BEACH G City Attorney Department 0V Date: April 7, 1969 To: The honorable Mayor and Members of the City Council From: City Attorney Subject: Joint Powers Agreement Orange County Cooperative Library System On March 10 1969, the City Council by minute action authorized the City Li�rarian to file an application on behalf of the City of Newport Beach and our Library System, requesting membership in the Orange County Cooperative Library System (Santiago System). That application has been filed, and the Board of Directors of the Cooperative System have approved Newport Beach as a member. Upon the City executing a Joint Powers Agreement with all other members, the governing bodies of each member of the system will be asked to finally approve our membership and in turn to execute the agreement. The resolution on the agenda today provides authorization for the Mayor to execute the agteement. A specimen copy of the agreement under which the other members are now operating, is attached for your information. Tully H. Seymour City Attorney By: mas L. W06CWUtt A sistant City Attorney TLW:mh cc: City Clerk Library City Manager RESOLUTION NO. 6960 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM WHEREAS, by provisions of Chapter 1.5, Division 20 of Part 4 of the Education Code, State of California, public libraries in the State of California are encouraged to form cooperative library systems by entering into written agreements to implement a plan of joint service for the agency so contract- ing; and WHEREAS, the Orange County Public Library, the Yorba Linda Library District, the Placentia Library District, and the Huntington Beach Public Library have previously so cooperated to form the Orange County Cooperative Library System, sometimes called the Santiago Library System; and WHEREAS, the Joint Powers Agreement establishing the Santiago Library System provides for inclusion of additional members to the System by the unanimous vote of existing members; and WHEREAS, the members of the Santiago Library System have voted unanimously to accept the Newport Beach Public Library as a member in the Santiago Library System; and WHEREAS, by joining the Santiago Library System the Newport Beach Public Library can provide expanded library service to the citizens of Newport Beach through the specialized facilities available through other member libraries in the System, by increasing the number of books available to loan to citizens of the City of Newport Beach, and by the grant in aid obtainable from the State and Federal governments which will make available to the Newport Beach Public Library facilities -1- and improvements not otherwise obtainable; NOW, THEREFORE, BE IT RESOLVED that this Council authorizes the Newport Beach Public Library to join the Santiago Library System; BE IT FURTHER RESOLVED that this Council, as the govern- ing body for the Newport Beach Public Library adopts and agrees to be bound by that Joint Powers Agreement, as amended to date, previously executed by the orange County Public Library, the Yorba Linda Library District, the Placentia Library District, and the Huntington Beach Public Library, a copy of which is attached hereto and made a part hereof by reference as though set out in full herein, and the bylaws of the Santiago Library System, a copy of which is attached hereto and made a part hereof by reference as though set out in full herein; BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Newport Beach be and are hereby empowered to execute the Joint Powers Agreement on behalf of the City of Newport Beach and the Newport Beach Library District. ADOPTED this 7th day of 11or: / , 1969. ATTEST: Ckty Clerk t TLW :mh -2- 4/3/69 JOINT POWERS AGREEMENT Pursuant to Title 1, Division 7, Chapter 5 of the Government Code of the State of California (Sections 6500 to 6513), a Joint Powers Agreement is hereby entered into between the ORANGE COUNTY PUBLIC LIBRARY, the PLACENTIA LIBRARY DISTRICT, the YORBA LINDA LIBRARY DISTRICT, the HUNTINGTON BEACH PUBLIC LIBRARY, and the NEWPORT BEACH PUBLIC LIBRARY. R E C I T A L S WHEREAS, the State of California has enacted the Public Library Services Act in order to encourage the development of free public libraries throughout the State by grants to public library systems for the purpose of; (a) Assisting them in establishing, improving and extending library services; and (b) Encouraging the establishment of library systems in areas where such cooperation would facilitate improved service; and WHEREAS, the parties to this Agreement are desirous of establishing a cooperative regional library system to be known as the ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM for the purpose of improving and extending library service to all residents of these Library Districts by closer cooperation among their respective libraries, and in order to obtain the benefits of such a system as provided by law on such terms and conditions as hereinafter follow; NOW, THEREFORE, pursuant to the provisions of the California Education Code, Division 20, Chapter 1.5, comprising Sections 27111 to 27147, the parties hereby form the ORANGE COUNTY COOPERA- TIVE LIBRARY SYSTEM. The obligations and conditions that hereinafter follow are -1- contingent upon approval by the State Librarian of the plan of library service which has been submitted by the member libraries. 1. POWER OF SYSTEM. The ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM shall have all the powers, prerogatives, and authority necessary to effectively plan, operate and administer a public library system and to establish, improve and extend library services within the geographic boundaries of the SYSTEM. It shall plan and determine the use to be made of any funds received by the SYSTEM from any source and may expend such funds in accordance with such plans and determinations. The System Council, or such administrative officer as it may from time to time appoint, may administer and exercise this power pursuant to the rules and regulations as adopted in the manner set out here- after. 2, GOVERNING BODY OF SYSTEM. The ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM will be administered by a Council consisting of the Head Librarian of each member library or such other person as has been designated by the governing board of that library. Governing boards or Council members may designate alternates to sit, deliberate and act in the absence of the appointed Council member. The Council will elect one of its members as President, who shall hold office for a one -year term. Said term shall be for the operating year. The President, or his designated alter- nate, shall preside over all meetings of the Council. The Council shall draw up rules and regulations from time to time as they deem advisable; however, such rules and regulations shall not be valid until they have been ratified by the governing board of each member library. Proposed rules and regulations will be adopted by a majority vote of the System Council as constituted at the time and submitted to the governing boards for ratification. Every official action taken by the System Council shall be affirmed by a formal vote of the members of the Council. Minutes shall be -2- 4b kept of its meetings. Copies of the minutes of each meeting shall be transmitted to the governing board of each member library within five days of the meeting. A journal shall be maintained recording official acts taken. 3. SOURCE OF SYSTEM FUNDS. The SYSTEM shall expend for SYSTEM purposes such monies as may be received from: (1) the State of California pursuant to Article 6, Chapter 15, Division 20, Part 4 of the California Education Code or such other grants or appropriations as may be made; (2) the Federal Government pursuant to any program related to library purposes; (3) private or public foundations, organizations, corporations, companies, unions, or associations; (4) private individuals by gift, devise or bequest. The SYSTEM is empowered and authorized to make any applications and /or agreements necessary to be or become eligible for such financial support, except that such applications or agreements shall not impose conditions of the type prohibited by Education Code Section 27121, or the rules and regulations pre- viously adopted by the SYSTEM pursuant to Clause 2. 4. OWNERSHIP OF SYSTEM - PURCHASED ITEMS. Ownership of items purchased with SYSTEM funds shall be in the SYSTEM or in member libraries as the System Council may in each instance determine. Such determinations shall be made at the time of purchase. 5. OPERATING EXPENSES OF SYSTEM. The System Council may authorize the payment of necessary SYSTEM salaries and expenses from SYSTEM funds. The System Council may periodically authorize the transfer of SYSTEM funds in such amounts as to them seem advisable, to the ORANGE COUNTY PUBLIC LIBRARY to defray the estimated cost of purchases of materials and supplies to be made for the benefit of SYSTEM during the following period by the said ORANGE COUNTY PUBLIC LIBRARY, acting in its role as fiscal agent of SYSTEM. -3- 6. ACCOUNTING FOR FUNDS. All funds received and disbursed by the SYSTEM shall be strictly accounted for, according to accepted procedures and practices for governmental entities. 7. FISCAL AGENT. The ORANGE COUNTY PUBLIC LIBRARY will perform the following services: (a) Act as contracting agency with the State of California for the receipt, disbursement and accounting of such funds as may be allocated by the State government, Federal government, or private sources for SYSTEM use. (b) Issue reports of receipts and disbursements and accounting of funds, or shall do so on demand of any member library. (c) Act as the contracting officer for the SYSTEM for the ordering and requisition of books, materials and supplies required for the effective and efficient operation of the SYSTEM. 8. ADMINISTRATION OF MEMBER LIBRARIES. The member libraries shall administer their own public libraries independently, selecting their own books, hiring their own personnel, and operating according to the policies and rules established by their own governing bodies. 9. ADDITIONAL MEMBERS. Other public libraries may apply for membership in the ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM, provided they meet the requirements for SYSTEM membership as established by the California State Library and by the laws of the State of California. Applicants will be considered for SYSTEM membership if their application is approved by a majority of the System Council. Approved applications will be submitted to the governing board of each member library. Membership will be granted upon approval of the governing board of each member library. 10. WITHDRAWAL OF A MEMBER. Any member library may with- draw from the ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM by serving formal written notice of its intent to so withdraw at least one -4- hundred and twenty (120) days prior to the end of the operating year. The SYSTEM shall continue to exist so long as there are two member libraries, provided that these two meet the require- ments of SYSTEM membership. Libraries which withdraw are subject to such rules and regulations governing withdrawal as the System Council shall beforehand have established. 11. TERMINATION OF SYSTEM. This library system may be terminated at any time by resolutions of the governing boards of all of the members in this SYSTEM at the time termination is voted. A decision to terminate shall become effective whenever designated in the termination agreement. Upon termination, all just claims against the SYSTEM shall be paid, distribution made to the State and Federal governments as required by applicable law, and the remaining assets distributed among all parties who are then members of the SYSTEM in proportion to the population of each member in relation to the total population in the SYSTEM. 12. FISCAL AND OPERATING YEAR. The fiscal year and the operating year of the SYSTEM shall be the same, and shall commence July 1st of each year. 13. AMENDMENT. Until such time as there are six or more member libraries, this agreement may only be amended by the action of all the respective governing bodies constituting this SYSTEM; whenever there are six or more members constituting the SYSTEM, this agreement may be amended by the action of two- thirds (2/3) of the governing bodies constituting this SYSTEM. is 14. EFFECTIVE DATE. The effective date of this Agreement -5- The attached Joint Powers Agreement forming the ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM is hereby executed by the Newport Beach City Council, acting under and pursuant to Resolution No. t�l y , dated the _ day of April, 1969, authorizing said execution this day of April, 1969. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney -6- Mayor