HomeMy WebLinkAboutC-2673 - Joint Power Agreementt n
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C9G I FO M1N`r
(OUN(II AGENDA
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NEWPORT BEACH PUBLIC L�
856 SAN CLEMENTE DRIVE • NEWPORT BEACH, CA 92660 • (714) 644.3177
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September 23, 1987
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To: Robert L. Wynn, City Manager Sl >' �1nj✓
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From: LaDonna Kienitz, City Librarian
RE: Joint Powers Agreement
Southern California Film Circuit 4'����„
The Board of Library Trustees, at its meeting on September 17, 1987,
approved "The Joint Powers Agreement - Southern California Film Circuit."
The contract has been approved by the Office of the City Attorney,
September 20, 1987. Memo is attached.
We are forwarding the agreement for approval of the City Council at a
convenient time.
Background Information:
The purpose of this organization is to enlarge, through cooperative efforts,
the number of films available to the patrons of the local participating
libraries.
The Newport Beach Public Library has been participating in this Circuit
since July 1986. Prior to that, the Library was a member of the Film
Council Film Circuit, which merged into this current organization.
Membership of the Circuit, 1987 -88, includes: Beverly Hills Public Library,
Fullerton Public Library, Glendale Public Library, Inglewood Public Library,
Newport Beach Public Library, Palmdale City Library, Santa Fe Springs
Library, Santa Monica Public Library, and Whittier Public Library.
The Fiscal agent for the Circuit is Gertrude Hill, Whittier City Treasurer.
The Newport Beach Public Library pays $2500 annually for membership in
this cooperative.
LTK:mm
enclosure
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
OCT It MY
APPROVED
BRANCH LIBRARIES
BALBOA BRANCH
CORONA DEL MAR BRANCH
MARINERS BRANCH NEWPORT CENTER BRANCH
100 E. Balboa Blvd.
420 Marigold Ave.
2005 Dover Dr. 856 San Clemente Dr.
Balboa, CA 92661
Corona Del Mar, CA 92625
Newport Beach, CA 92660 Newport Beach, CA 92660
644 -3171
644- 3135
644- 3145 644.3191
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NEAORT BEACH PUBLIC LIBRARY F
856 SAN CLEMENTE DRIVE a NEWPORT BEACH, CA 92660 a (714) 644.3177
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September 3, 1987
To: \Carol Korade, Assistant City Attorney
From: LaUonna Kienitz, City Librarian I
RE: Joint Powers Agreement for the
Southern California Film Circuit
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I am attaching the draft contract supplied re: membership in the
Southern California Film Circuit.
Please comment on the contract.
If it seems appropriate - or when modified - I will present it to
the Library Board.
Background Information:
The purpose of this organization is to enlarge, through cooperative
efforts, the number of films available to the patrons of the local
participating libraries.
The Library has, in effect, been a member of this Circuit since
July 1986, and preceding that, the Film Council Film Circuit, which
merged into this current organization.
Membership of the Circuit, 1987 -88, includes: Beverly Hills Public
Library, Fullerton Public Library, Glendale Public Library, Inglewood
Public Library, Newport Beach Public Library, Palmdale City Library,
Santa Fe Springs Library, Santa Monica Public Library, and Whittier
Public Library.
The fiscal agent for the Circuit is Gertrude Hill, Whittier City
Treasurer.
BRANCH LIBRARIES
BALBOA BRANCH
CORONA DEL MAR BRANCH
MARINERS BRANCH NEWPORT CENTER BRANCH
100 E. Balboa Blvd.
420 Marigold Ave.
2005 Dover Dr. 856 San Clemente Dr.
&lbw, CA 92661
Corona Dal Mar, CA 92625
Newport Beach, CA 92660 Newport Beach, CA 926W
644.3171
644.3135
644 -3145 644.3191
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JOINT POWERS AGREEMENT
71
SOUTHERN CALIFORNIA FILM CIRCUIT
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WHEREAS, each of the public agencies provides the necessary
public funds for the operation of the public libraries; and
WHEREAS, each of the public agencies has the power to
approve the expenditure of funds on the part of the public library
for the procuring of films to be made available to persons utilizing
the public library facilities; and
WHEREAS, it has been found and determined that the creation
of a common film or audio visual inventory in which the respective
public library of each of the public agencies may participate will
greatly increase the availability of a more extensive supply of
films or audio visual media, thereby providing additional benefit to
all persons using the respective library facilities as the same are
maintained by each of the public agencies; and
WHEREAS, the public agencies are authorized to contract
with each other for the joint exercise of any common power under
Article I, Chapter 5, Division 7, Title I, 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 for
and on behalf of themselves and their successors in interest as
follows:
I
PURPOSE OF AGREEMENT, COMMON POWER TO BE EXERCISED
This agreement, made under the provisions of Article I,
Chapter 5, Division 7, Title I 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 shall be made available to the public library of each
of the contracting agencies on a participating basis. The purpose
will.be accomplished and the common power exercised in the manner
hereinafter set forth.
II
THE COMMISSION, ITS POWERS AND RESTRICTIONS
To administer and execute this agreement, there is hereby
constituted an entity separate and apart from the entities of the
parties to this agreement,
To be designated: "THE SOUTHERN CALIFORNIA LIBRARY FILM
CIRCUIT COMMISSION," hereinafter sometimes 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 media as may be deemed to be in the mutual
interest of the parties hereto. The Commission shall prescribe
rules, regulations and standards, under and by virtue of which the
library facilities of the several contracting entities may
participate in the use of all such material. The Commission shall
have the power to appoint or employ such officers, agents and
professional services as may, from time to time, appear reasonable
and necessary in the exercise of its powers under this agreement and
shall do all other acts necessary for the exercise of the expressed
common power and for the purpose specified in Paragraph I hereof,
subject only to such limitations and restrictions as may be set
forth herein.
III
COMMISSION MEMBERS
The membership of the Commission shall at all times be
equal to the number of contracting entities becoming and remaining
as a party hereto. Within 60 days after the execution of this
Agreement, the governing body of each contracting public agency
shall appoint one member who shall be its representative on the
Commission. The member shall serve and be subject to removal and
replacement at the pleasure of the contracting public agency
appointing him and on resignation, removal or incapacity of any
member, the contracting public agency that appointed such member
shall within 60 days appoint a replacement. Each Commission member
shall file with the Commission a certified copy of the Resolution of
the contracting public agency which appointed him. The Commission
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shall elect one of its members President and he shall preside at the
meetings. The term of President shall be 1 year and a President may
not succeed himself to a successive term.
IV
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 of the members. A
special meeting may be called by the President, or upon written
demand by one -third of the members of the Commission, by delivering
personally or by mail written notice to each Commission member.
Such notice must be delivered personally or mailed at least forty -
eight (48) hours before the time of such meeting. The call and
notice shall specify the time and place of the meeting and the
business to be transacted. Business other than as specified in said
notice may be considered at such special meeting only upon consent
of a quorum of those members present.
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 which shall be public documents and
available for inspection at the office of the Secretary at all
times.
Each member shall receive such compensation for this
service as shall be determined and paid by the contracting agency
appointing him.
No business may be transacted without the quorum of the
members of the Commission being present. A quorum shall consist of
three - fourths or more of the members, and a vote of a majority of
the Commissioners present shall be required to transact business.
The Commission shall adopt appropriate rules, not inconsistent
herewith, for the orderly transaction of its business.
V
COMMISSION EMPLOYEES
The Commission shall have the power to appoint a Secretary,
and may employ and engage such other persons as may be deemed
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necessary in carrying out the purposes of this agreement. The
Secretary and other persons engaged shall receive such compensation
as may be fixed by the Commission. The Treasurer of the Commission
shall be the person who shall, from time to time, be acting as the
Treasurer of the City of one of the contracting members, designated
by the Commission from time to time. Except for the Treasurer, none
of the officers or other employees mentioned in this paragraph shall
be deemed, by reason of their employment by the Commission, to be
employed by any of the contracting public agencies. None of the
officers or employees mentioned in this paragraph may be members of
the Commission.
VI
FILM AND AUDIO VISUAL SUPPLY
The film and audio visual material subject to the
jurisdiction and control of the Commission shall be held, used,
replaced at such place or places as may from time to time be
designated by the Commission. Participation in the use of all
such material by agencies of the contracting parties shall be in
accordance with the rules and regulations prescribed by the
Commission. The Secretary shall bill all such participants, and all
receipts shall be promptly turned over to the Treasurer for deposit
to a special account which shall be maintained as the Commission's
Account. During the first year of its operation, each of the
contracting agencies agrees to pay to or cause to be paid through
one of its agencies the sum of $500.00 which shall constitute the
operating fund of the Commission to be used for the purposes herein
set forth. The Commission shall determine at its annual meeting the
amount of funds required for its operation during the year, and
shall prepare a budget in accordance with such determination. The
Commission shall not expend or obligate itself for any sum or sums
in excess of its operating budget for any given fiscal year, or the
total of the shares subscribed by its participating members in any
given fiscal year. In order to retain its qualification for member-
ship on the Commission and to receive the benefits of participation
in said film and audio visual material, each contracting party shall
contribute its pro rata share of said funds.
VII
TERMINATION
This 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 contracting public agency shall have
the right to terminate its membership and withdraw from the
Commission at any time, provided, however, that such contracting
public agency shall not be entitled to any refund as to funds
theretofore paid into the Commission Fund as herein provided. The
city withdrawing shall have no further obligations or liability
under this agreement. In the event this agreement shall terminate
by election of the majority of members of the Commission all
properties then owned by the Commission shall be sold and the
receipts therefrom deposited in the Commission's Account. The
Account shall then be divided equally among each contracting public
shall then be divided equally among each contracting public agency
having a member on the Commission.
VIII
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 material owned by the Commission. A copy of this report
shall be delivered to each of the contracting public agencies having
a member on the Commission. The Secretary shall furnish such other
reports and data as may, from time to time, be requested 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 any duly authorized representative of each of the contracting
public agencies.
IX
METHOD FOR NEW PUBLIC AGENCIES TO JOIN THE COMMISSION
Any public agency which has a common power, as set forth in
Paragraph I of this agreement, may join the Commission by executing
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this Agreement and agreeing to abide by the terms thereof, provided,
the Commission created hereunder by a two - thirds (2/3) vote thereof
consents to the new public agency joining the Commission. The
Commission shall prescribe the amount of money that shall be
deposited by the new public agency joining the Commission as a
prerequisite to its becoming a member.
APPROVED BY the Board of Library Trustees of the Newport
Beach Public Library, Newport Beach, California, on the 15th
day of September , 1987. J
of Library Trustees
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Holle Wilkinson, Secretary
Board of Library Trustees
THIS AGREEMENT was passed and adopted by the City Council
of Newport Beach, California, on this
October • 1987.
APPROVED:
City Attorney
12th day of
Jo7rn C. Cox, Jr., y�r
City of Newport B /
New rt Beach, C ifornia
ATTEST:
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