HomeMy WebLinkAboutC-1733 - Joint Powers Agreement for libraries, audio-visual inventoryJuly 25, 1975
Mr. Howard Samuelson
Head Librarian
Santa Ana Public Library
26 Civic Center Drive Plaza
Santa Ana, California 92701
Re: Joint Powers Agreement For Audio - Visual Inventory
Dear Mr. Samuelson:
Per our telephone conversation of today, I am enclosing the
above - mentioned Joint Powers Agreement for execution by Santa
Ana. I understand you will forward said Agreement to one of
those cities whose Council has already approved same.
Thank you for your courtesy and cooperation in this matter.
Sincerely yours,
(Mrs.) Bonnie Ceglio
Secretary to Dennis D. O'Neil
City Attorney
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Enclosures
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JOINT POWERS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That the following
Joint Powers Agreement is made and entered into this
day of , 1975, by and between the CITY OF ALHAMBRA,
a municipal corporation, the CITY OF ARCADIA, a municipal corpora-
tion, the CITY OF AZUSA, a municipal corporation, the CITY OF
BURBANK, a municipal corporation, the COUNTY OF KERN, a body
politic, the CITY OF INDIO, a municipal corporation, the CITY.
OF INGLEWOOD, a municipal corporation, the CITY OF MONTEREY PARK,
a municipal corporation, the CITY OF NEWPORT BEACH, a municipal
corporation, the CITY OF.PALM SPRINGS, a municipal corporation,
the CITY OF SANTA ANA, a municipal corporation, and the CITY OF
SANTA MONICA, a municipal corporation, hereinafter referred to
jointly as "PUBLIC AGENCIES ".
WHEREAS, the PUBLIC AGENCIES, and each of them, maintain
and operate, as a division of-local government, a public library;
and
WHEREAS, each of the PUBLIC AGENCIES provide the
necessary public funds for the operation of a public library; and
WHEREAS, each of the PUBLIC AGENCIES has the power to
approve the expenditure of funds for the procurement of films to
be made available to persons utilizing the public library facilities;
and
WHEREAS, it has been further determined that the creation
of a common film or audio - visual inventory in which the respective
public libraries of each of the PUBLIC AGENCIES may participate
will greatly increase the availability of a more extensive supply
of films or audio - visual material and would provide an additional
benefit to all persons using the respective public library facil-
ities as the same are presently maintained by each of the PUBLIC
AGENCIES hereto; and
WHEREAS, the PUBLIC AGENCIES are authorized to contract
with each other for the joint exercise of any common power under
Article 1, Chapter 5, Division 7, Title 1.(Section 6500 et seq) of.
the Government Code of the State of California.
NOW, THEREFORE, the PUBLIC AGENCIES, and each of them,
for and in consideration of the mutual promises and agreements
hereinafter stated and the performance thereof and for other
valuable and adequate consideration, do hereby promise and agree
as follows:
1. Purpose of Agreement, Common Power to be Exercised.
This Agreement, made under the provisions of Article 1, Chapter 5,
Division 7, Title 1 (Section 6500 et seq.) of the Government Code
of the State of California, is for the purpose of providing for
the creation and establishment of a common pool or supply of film
and audio - visual material, which film and audio - visual material
shall be made available to the public libraries of each of the
PUBLIC AGENCIES.
2. The Commission, its Powers and Restrictions. To
administer and execute this Joint Powers Agreement, there is he,reby...
created a commission to be designated as FILM COUNCIL CIRCUIT
COMMISSION, hereinafter referred to as the "COMMISSION ".
The COMMISSION may take, acquire, purchase, lease, hold,
own, exchange, sell, convey, release and maintain such films and
other audio - visual material as may be deemed by it to be in the
mutual interests of the PUBLIC AGENCIES hereto. The COMMISSION
shall prescribe rules, regulations and standards under which the
public libraries of each of the PUBLIC AGENCIES may participate in
and use such films and audio - visual material. The COMMISSION
shall have the power to appoint or employ such agents and employees
as may from time to time appear reasonable and necessary in the
exercise of its powers under this Joint Powers Agreement and shall
do all other acts necessary for the exercise of the express common
power and for the purpose specified in Paragraph 1 hereof, subject
only to such limitations and restrictions as may be set forth herein
or provided by law.
3. Commission Members. The membership of the COMMISSION
shall at all times be equal to the number of PUBLIC AGENCIES
participating in this Joint Powers Agreement. Within sixty (60)
days after the execution of this Joint Powers Agreement between
the parties hereto, the governing body of each of the PUBLIC
AGENCIES shall appoint one member who. shall be its representative
on the COMMISSION, said member to be the Librarian, or such other
representative as said governing body shall appoint. The member
shall serve and be subject to removal and replacement at the
pleasure of the PUBLIC AGENCY appointing him and upon resignation,
removal or incapacity the PUBLIC AGENCY shall, within sixty (60)
days, appoint another such member to represent the PUBLIC AGENCY
on the COMMISSION. Each COMMISSION member shall file with the
COMMISSION a certified copy of the resolution of the PUBLIC AGENCY
which appointed him.. The COMMISSION shall elect one of its members
President and he shall preside at the meetings.. The term of the
President shall be for one (1) year and a President may not succeed
himself to a successive term.
4. Commission Meetings. The Commission shall fix the
time and place for its meetings and shall hold at least one
annual meeting. Special meetings may be called from time to time
by the President or upon written request therefor by at least one-
third (1/3) of its members. Notice of the special meeting may be
served by delivering the copy of the notice to each COMMISSION
member or by depositing said notice in the United States mail,
postage prepaid. Such notice must be delivered personally or mailed
at least seventy -two (72) hours before the time set for such meet-
ing. The call and notice shall specify the time and place of the
meeting and the nature of the business to be transacted. Business
other than as specified in said notice may be considered at such
special meeting only in event a quorum is present at such meeting
and consents to such consideration. All meetings of the COMMISSION
shall be open to the public. The COMMISSION shall cause its
Secretary to keep full and complete minutes of all meetings. Said
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minutes shall be public documents and available for inspection
at the office of the Secretary at all times. The COMMISSION
shall not pay compensation-to its members for service as such
members. No business may be transacted without a quorum of the
members of the COMMISSION being present. A quorum shall consist
of three - fourths (3/4) of the members and a vote of the majority
of the members of the COMMISSION present shall be required to
transact business. The COMMISSION shall adopt appropriate rules,
not inconsistent herewith, for the orderly transaction of its
business.
5. Commission Employees. The COMMISSION shall have the
power to employ a Secretary and such other persons as may be
necessary to carry out the purposes of this Joint Powers Agreement.
The Secretary and other persons engaged shall receive such compensa-
tion as may be fixed by the COMMISSION. The COMMISSION shall
from time to time designate a City Treasurer of one of the PUBLIC
AGENCIES to act as Treasurer for the COMMISSION and all funds
belonging to.the COMMISSION shall be deposited with such Treasurer.
Upon termination of such services by a City Treasurer, he shall
deliver all funds to his designated successor. The funds so
received by the Treasurer shall be deposited in an account to be
designated as COMMISSION account. All disbursements from the fund
shall first be approved by the COMMISSION. Except for the
Treasurer, none of the officers or employees mentioned in this
Paragraph shall be deemed, by reason of their employment by the
COMMISSION, to be employed by any of the PUBLIC AGENCIES. None of
the officers or employees mentioned in this Paragraph may be
members of the COMMISSION.
6. Film and Audio - Visual Supply. The film and audio-
visual materials subject to the jurisdiction and control of the
COMMISSION shall be held used and distributed to such place or
places as may from time to time be designated by the COMMISSION.
Participation in the use of such materials by the'PUBLIC AGENCIES
shall be in accordance with the rules and regulations prescribed
by the COMMISSION.
7. Contributions by Public Agencies. This Agreement
is in continuation of and in lieu of a former Joint Powers Agree-
ment. The council has existed and been in operation and is
continuing to add new PUBLIC AGENCIES to its membership. The
current annual membership fee is fixed at Twelve Hundred Dollars
($1,200.00) to be paid by each PUBLIC AGENCY and to entitle said
PUBLIC AGENCY to membership for one (1) fiscal year. The fiscal
year begins on and ends on
of the next succeeding year. The COMMISSION shall determine at
its annual meeting the amount of operating funds required for its
operation during the succeeding fiscal year, and shall prepare a
budget setting for the purposes for which said funds shall be
used. The amount of such funds required for the fiscal year shall
be divided by the number of PUBLIC AGENCIES members to determine
the amount of the annual membership fee for each PUBLIC AGENCY.
The Secretary shall then bill each PUBLIC AGENCY for its membership
fee, and each PUBLIC AGENCY shall forward to the Secretary a check
or warrant payable to the payee designated by the COMMISSION. Such
payment shall be made within thirty (30) days after the receipt
by the PUBLIC AGENCY of the bill stating the amount of the annual
fee. The failure of a PUBLIC AGENCY to pay the annual fee so
established shall disqualify the PUBLIC AGENCY from membership, and
its member on the COMMISSION shall be dropped from said COMMISSION,
and such PUBLIC AGENCY shall thereafter have no rights to receive
films and audio - visual materials and no right to any interest in
any funds on hand in case of termination of this Joint Powers
Agreement. The COMMISSION shall have no power to and shall not
expend or obligate the payment of any sum or sums of money in excess
of the funds actually received by and then unencumbered in the
hands of said COMMISSION.
8. Termination. This Joint Powers Agreement shall remain
in force and effect until such time as a majority of the members of
the COMMISSION shall agree upon the termination thereof. Any
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PUBLIC AGENCY shall have the right to terminate its membership
and withdraw from the COMMISSION at any time, provided, that such
PUBLIC AGENCY shall not be entitled to any refund as the funds
theretofore paid into the COMMISSION account as herein provided.
The PUBLIC AGENCY withdrawing shall have no further obligation or
liability under this Joint Powers Agreement, and its member on the
Commission shall cease to be a member.
In the event this Joint Powers Agreement is terminated
by a majority of the members of the COMMISSION, all properties
then owned by the. COMMISSION shall be sold, and the receipts there-
from deposited in the COMMISSION account. The account shall then
be divided equally between the PUBLIC AGENCIES having a member on
the COMMISSION.
9. Reports. The Secretary shall prepare, or cause to
be prepared, an annual report which shall include a certified audit
of all receipts and disbursements from the previous year, together
with an inventory of all properties owned by the COMMISSION. A
copy of this.report.shall be delivered to each of the PUBLIC
AGENCIES. having a member on the COMMISSION. The Secretary shall
furnish such other reports and data as may from time to time be
required by the COMMISSION. The COMMISSION shall keep proper books
and accounts in which correct entries of all transactions shall be
made. The books and accounts shall, upon written request, be
subject to inspection by a duly authorized representative of each
of the PUBLIC AGENCIES.
10. Method for New Public Agencies to Join the Commission.
Any municipal corporation, body politic or district which has a
common power which may be exercised in the manner described in
Paragraph 1 hereof, may make an application to join the COMMISSION
and participate in the benefits offered by this Joint Powers Agree-
ment. If the application is approved by a two - thirds (2/3) vote
of the members of the COMMISSION, the COMMISSION shall determine
the amount of the contribution to be made to the COMMISSION account
and the Secretary shall notify the applicant of such determination.
The applicant may then become a member of the COMMISSION by
executing this Agreement, or a counterpart thereof, and by payment
of the contribution required. Upon the execution of this Joint
Powers Agreement, or a counterpart thereof, said Applicant shall
become a party hereto and be entitled to the privileges in the
same manner as if said applicant was an original party to this
Joint Powers Agreement.
11. Commission Powers. The COMMISSION shall have such
powers.as are necessary to perform the duties specified in the
Agreement and such.powers are subject to the same restrictions upon
the manner of exercising powers as is the City of Long Beach, a
chartered city.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed with all the formalities required by
law on the respective dates set forth opposite-their signatures.
1975
1975
1975
1975
CITY OF ALHAMBRA, A Municipal
Corporation
By.
CITY OF ARCADIA, A Municipal
Corporation
By
CITY.OF AZUSA, A Municipal
Corporation
By
CITY OF BURBANK, A Municipal
Corporation
By
INDIO CITY AND COUNTY, A Body Politic
1975 By,
:i
-.7
, 1975
1975
1975
1975
1975
1975
1975 .
CITY OF INGLEWOOD, A Municipal
Corporation
By
CITY OF MONTEREY PARK, A Municipal
Corporation
By
CITY OF NEWPORT BEACH, A Municipal
Corporation
Byi
R
DEPUTY Cit CLERK
CITY OF PALM SPRINGS, A Municipal
Corporation
BY
CITY OF REDLANDS, A Municipal
Corporation
By
CITY OF SANTA ANA, A Municipal
Corporation
By
CITY OF SANTA MONICA, A Municipal
Corporation
By
July 21, 1975
City Librarian
4L
Joint Powers Agreemeft Ibr Audio- 11sual Inventory
C -1733C
Attached are three copies of subject agreement and a
copy of Resolution No. 9547. Will you please forward
the copy with the City Clerk's return to be signed by
the other agencies and return to this office when
fully executed.
Doris M. George
EM -,swk
enc.
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i
1�
RESOLUTION NO. S 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A JOINT POWERS AGREEMENT BY
AND BETWEEN THE CITY OF ALY.u`IBRA, CITY OF ARCADIA
CITY OF gar;, -CITE OF BURBANK, COUNTY OF KERN,
CITY OF INDIO, CITY OF INGLEW09 CIONTEREY
PARK, CITY OF NEWPORT BEACH, CITY PRINGS,
CITY OF SANTA ANA AND CITY OF SANTA MONICA TIT - - -' CONNECTION WITH A FILM OR AUDIO - VISUAL INVENTORY
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Joint Powers Agreement
by and between the City of .Alhambra, City of Arcadia, City of
Azusa, City of Burbank, County of Kern, City of Indio, City of
Inglewood,. City of Monterey Park, City of Newport Beach, City of
Palm Springs, City of Santa Ana and City of Santa Monica in
connection with a common film or audio - visual inventory in
which the respective public libraries of each above - mentioned
city may participate; and
WHEREAS, the City Council has considered the terms
and conditions of said Joint Powers Agreement and found them
to be fair and equitable, and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement for the services
above described is approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the same on behalf of
the City of Newport Beach.
ADOPTED this 14th day of . . July , 1975.
Mayor
ATTEST:
City Clerk
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7/1/75