Resolution 2010-31 t.�. RESOLUTION NO. 2010-31(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH
COLLIN COUNTY, TEXAS FOR FUNDING OF LIBRARY SERVICES
FOR THE 2011 FISCAL YEAR.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of Wylie, Texas, an interlocal agreement
between the City of Wylie, Texas and the Collin County, Texas for funding of library services
for the 2011 fiscal year (October 2010 through September 2011).
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie Texas, on
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this the 12 day of October, 2010.
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Eric ogue, Mayor
ATTEST TO:
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� � Carole Ehrlich, ty Secretary �
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Resolution No. 2010-3 l (R)
Interlocal Agreement with Collin County
Library Services for fiscal year 2011
EXHIBIT "A"
Interlocal Agreement
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563458-1
THE STATE OF TEXAS
COLINTY OF COLLIN
INTERLOCAL AGREEMENT BETWEEN
THE COUNTY OF COLLIN
AND
THE RITA & TRUETT SMITH PUBLIC LIBRARY
t.
This agreement is made and entered by and between Collin County, a
political subdivision of the State of Texas, hereinafter referred to as the
"COUNTY" and the Rita & Truett Smith Public Library; hereinafter
referred to as the "LIBRARY".
II.
The COUNTY and L[BRARY agree as follows:
The COUNTY is a duly organized political subdivision of the State of
'1'exas engaged in the administration of County Government and related
services for the benefit of the citizens and residents of Collin County.
The LIBRARY is a City Council created entity established for
administering and providing library services for the general public in Collin
County, Texas.
The undersigned officers or agents of the COUNTY and the
LIBRARY are properly authorized officials and agents and each has the
necessary authority to execute this contract on behalf of said agent's
principal and that any necessary resolutions or orders extending said
authority have been duly passed and are now in full force and effect.
The COUNTY agrees to fund the LIBRARY in the amount of
$23,923.12 for the 20l 1 fiscal year (October 2010 through September 2011)
�"°� of the COUNTY, under the conditions and terms set out herein.
In exchange for said funds provided by the COUNTY, the �"°
L,IBRARY will provide the following services to the citizens of Collin
County for the year of 2011:
"The LIBRARY shall continue to provide full library
services for residents of Collin County, Texas,
without distinction between those who reside
within or without an incorporated area of the
county.
The LIBRARY shall perform such other functions
and duties as may be required of it by law ar by
lawful authority.
All benefits and services provided by the LIBRARY and the
administration of its program or programs shall be done in conformity with
all State and Federal Laws and without regard to race, religion, gender or
ethnic background of the persons being served, and without regard to the
immigration status of the persons being served. �
All funds provided to the LIBRARY by the COUNTY shall be used
solely for library services to the public.
The LIBRARY shall diligently prepare and keep accurate and current
records of its board meetings, official actions and expenditures and shall
permit inspection and copying of said recards by authorized agents of the
Commissioners' Court, District Attorney and County Auditor of Collin
County, Texas from 5:00 A.M. to 5:00 P.1VI. Monday through Friday of each
week (except officially recognized holidays).
Further, the LIBRARY agrees to submit to audits by the County
Auditor in accordance with the directions of said official.
The LIBRARY shall comply with the Texas Open Records Act and
the `T'exas Open Meetings Act, provided that matters and records deemed
confidential by law shall not be compromised.
For the aforementioned services provided by the LIBRARY, the
COUNTY agrees to pay to the LIBRARY for the full performance of this
agreement: the sum of $5,980.78 on a quarterly basis. The L.IBRARY
understands and agrees that payment by the COUNTY to the LIBR.ARY
shall be made in acc;ordance with the norma] and customary processes and
business procedures of the COUNTY, and in conformance with applicable
state law.
Neither of the parties to this agreement waives or shall be deemed
herby to waive any immunity or defense that would otherwise be available
to it against claims arising from the exercise of governmental powers and
functions. The LIBRARY is not given authority by this contract to place
the COUNTY under any manner of legal obligation to any third party,
person, entity or agency, and is not hereby made an agent of the COUNTY
for the purpose of incurring liability. The GIBRARY does not have under
this agreement authority or legal capacity to admit or confess error or
liability on behalf of the COUNTY.
.� The effective date of this agreement shall be the day that it is signed
by both parties.
This agreement and any of its terms and provisions, as well the rights
and duties of the parties hereto, shall be governed by the laws of the State of
Texas.
ln the event that any portion of this agreement shall be found to be
contrary to law, it is the intent of the parties hereto that the remaining
portions shall remain valid and in full force and effect to the extent possible.
rXECUTED in duplicate originals this, the day of , 2010.
BY:
The County Judge of Collin County, Texas
BY:
� The Authorized Representative of Date
The Rita & Truett Smith Public Library