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HomeMy WebLinkAboutReso - CC - 059-1970RESOLUTION NO. 59 - 70 AUTHORIZING EXECUTION OF JOINT EXERCISE OF P014ERS AGREEMENT BETWEEN CITIES OF BURLINGAME, DALY CITY, REDWOOD CITY, SAN BRUNO, AND SAN MATEO AND THE COUNTY OF SA11 MATEO FOR ESTABLISHMENT OF A COOPERATIVE LIBRARY SYSTEM RESOLVED, by the City Council of the City of Burlingame, California, and this Council does hereby FIND, ORDER AND as follows: 1. The public interest and convenience require execu- tion of the agreement cited in the title above. 2. The City Manager be, and he is hereby, authorized to sign said agreement for and on behalf of the City of Burling- ame. 3. The City Clerk is hereby ordered and instructed to attest said signature. r I. HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 6th day of July 1970, and adopted thereafter by the following vote: AYES: Councilmen: Amstrup-Crosby-Johnson-Mangini-Martin NOES: Councilmen: None Absent Councilmen: None City Clerk RESOLUTION NO. 59 - 70 AUTHORIZING EXECUTION OF JOINT EXERCISE OF P014ERS AGREEMENT BETWEEN CITIES OF BURLINGAME, DALY CITY, REDWOOD CITY, SAN BRUNO, AND SAN MATEO AND THE COUNTY OF SAN MATEO FOR ESTABLISHMENT OF A COOPERATIVE LIBRARY SYSTEM RESOLVED, by the City Council of the City of Burlingame, California, and this Council does hereby FIND, ORDER AND DETE as follows: 1. The public interest and convenience require execu- tion of the agreement cited in the title above. 2. The City Manager be, and he is hereby, authorized to sign said agreement for and on behalf of the City of Burling- ame. 3. The City Clerk is hereby ordered and instructed to attest said signature. I. HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 6th day of July , 1970, and adopted thereafter by the following vote: AYES: Councilmen: Amstrup-Crosby-Johnson-Mangini-Martin NOES: Councilmen: None Absent Councilmen: None JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CITIES OF BURLINGAME, DALY CITY, REDWOOD CITY, SAN BRUNO, AND SAN MATED AND THE COUNTY OF SAN MATEO FOR ESTABLISHMENT OF A COOPERATIVE LIBRARY SYSTEM THIS AGREEMENT, made and entered into this day of 1970, by and between the CITY OF BURLINGAME, CITY OF DALY CITY, CITY OF REDWOOD CITY, CITY OF SAN BRUNO, CITY OF SAN MATEO, and COUNTY OF SAN MATEO, W I T N E S S E T H: WHEREAS, the CITY OF BURLINGAME, the CITY OF DALY CITY, the CITY OF REDWOOD CITY, the CITY OF SAN BRUNO, and the CITY OF SAIL MATEO, are municipal corporations of the State of California, and the COUNTY OF' SAN MATEO is a political subdivision of the State of California; and WHEREAS, Title 1, Division 7, Chapter 5 of the Government Code of the State of California authorizes the joint exercise by agreement of two or more agencies of any powers common to them; and WHEREAS, the parties hereto possess in common the power to provide for and maintain public libraries; and WHEREAS, each party hereto has declared by Resolution of its governing body its intention to participate in formation of a coopere- tive public library system in San Mateo County; and WHEREAS, there has been submitted to and approved by the State of California a Plan of Service for a cooperative public library system for the COUNTY OF SAN MATEO; and WHEREAS, the parties hereto desire to implement said Plan of Service: NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO that: 1. Formation of System - Purpose. The parties hereto do hereby form a cooperative library system pursuant to Chapter 1.5 of Division 20 of the Education Code of the State of California (commonly known as the Public Library Services Act) for the purpose of entering into contracts with the State Librarian fo- establishment and per capita grants under the terms of that Chapter. 2. Name and Powers. The name of the System shall be the PENINSULA LIBRARY SYSTEM. Said System shall have the powers granted to such library systems under the Education Code of the State of California and such other powers as may be necessary to accomplish the purpose of this Agreement. 3. Board of Directors. (a) Membership; Appointment: The government of each party hereto shall appoint one 1 voting representative to serve on a Board of Directors of the library system. Additional non -voting representatives may be appointed with the approva'l. of the Board of Directors. (b) Function; Powers: The Board of Directors shall formu- late policy and goals, establish and review programs, approve a budget, direct the administration of this agreement and shall have such incidental.powers as may be necessary and proper to carry out those specifically enumerated. (c) Procedure: The Board of Directors shall establish such bylaws for the conduct of its business as may be necessary and proper, provided, however, the following rules with regard to quorum and voting shall apply: (1) Quorum: A majority of the voting members of the Board shall constitute a quorum for the transaction of any business. (2) Voting: The affirmative vote of a majority of those voting members present shall be necessary for all action taken except approval of the budget, wherein, there must be an affirmative vote of a majority of the entire Board. 4. Fiscal Agent. The City of Daly City is hereby designated as the fiscal agent for the System, to serve until such time as the Board of Directors shall designate another member as Fiscal Agent. 5. Expenses of System. None of the parties hereto shall incur any financial obligations with regard to the System, and the expense of establishing the System shall be borne by the State of California, through establishment grants and/or per capita grants, made to the System. 6. Changes in Membership. (a) Addition of Members. The addition of any member to the System shall require execution of a new joint exercise of powers agreement by and between all the participating agencies. 2. (b) Withdrawal of iāœ“embers: A member of the System may withdraw from further participation at any time, provided that said member gives notice in writing of such withdrawal to the Board of Directors at least ninety (90) daya prior to the intended date of withdrawal. Any party that vit.hdraa:s from the System shall forfeit all rights to System property. 7. Title to System Property. Title to materials and/or equipment purchased or acquired by the System for use by the System or by a member of the System shall remain in the System. In the event that all member public agencies wish to withdraw from the System and the System is dissolved, the division of the property of the System among the member public agencies shall be determined and made by the Board of Directors. 8. Management and Control of Individual Libraries. Management of the County Library of the COUNTY OF SAN MATEO shall remain with the County Librarian, subject to the general rules adopted by the Boprd of Supervisors of that County; and management of the library of each participating city shall remain with the respective City Librarian subject to the general rules adopted by the governing board of the city. 9. Responsibility of Participating Libraries. Each library participating in the System shall be responsible for all books borrowed by its cardholders, whether the books are borrowed from the library which issued the card or from another participating library. 10. Report of Fiscal Agent. At the request of a majority of the voting representatives on the Board of Directors, and no less often than annually, the Fiscal Agent shall submit to the Board of Directors and to each participating public agency, a financial report of the System and shall account for all receipts and expenditures of the System. 11. Other Agreements Between Members. Nothing in this agreement is intended to void, alter or conflict. with the provisions of any prior agreement existing between parties to this agreement, when the purpose of such prior agreement is the provi- sion of library service by one jurisdiction to residents of another jurisdiction. 3. Nothing in this agreement is intended to alter in any way the responsibility of any party hereto with respect to the provision of library service within said party's jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this Agree- ment on the day and year first he.reinabove written. ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: CITY O-F BURLINGAME ; ByZ CITY OF DALY CITY Um CITY OF REDWOOD CITY Um CITY OF SAN BRUNO By CITY OF SAN MATEO By COUNTYOF SAN MATEO COI 4.