HomeMy WebLinkAboutCity Council Resolutions (R-90-643)-12/04/1990
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RESOLUTION R-90-643
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A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
DECEMBER 4, 1990
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agenda under Business,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
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Sec, 1: THAT the agenda decisions approved by the Council
action under Business this date and not otherwise
adopted by Ordinance and/or separate Resolution,
as follows are hereby adopted:
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1.
acquire the
Faye Gilbert
consideration
THAT the City is authorized to
right-of-way for Pool Road from
and Shirley Vencill for the following
$8691.00:
a. Conduct research and prepare all documentation
to facilitate SELLER/OWNER COVENANTS;
b. Pro-rata taxes to date of closing, if
applicable; (if not transferred to the
remainder)
c. Pay all closing costs and title expenses,
if applicable;
d. Waiver of sewer and water tap fees, (exception
$30.00 sewer permit); furnishing of sewer
and water taps.
e. Build a professionally engineered and
constructed concrete permanent retaining
wall on the City's Right-of-way with the
top of the wall high enough to retain rain
water for trees and to protect yard from
erosion;
f, There will not be any curb-gutter or impact
fees assessed the present owners or residents
associated with the improvements of Pool
Road.
g. Should one or more of the "five pine trees"
in Grantors yard die wi thin three years of
beginning of construction on this site, upon
Grantors request, City will promptly remove
tree.
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Resolution R-90-643
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2. THAT the Interlocal Agreement with the City of
Grapevine for Collection Development and Library
Services in the amount of $20,000.00 be approved.
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AND IT IS SO RESOLVED.
Passed by a vote of _ ,':a to D
1990.
on the 4th day of December,
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CITY OF COLLEYVILLE
~~/~
CHRIS HAW~~l./'
MAYOR
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ATT~,ST:) ,__ ;/'
__<JJ j / ,,' /) (/' /
..~aiJ1d:~~()~~
LaVada Johnson
City Secretary
L/D/49
STATE OF TEXAS )
)
COUNTY OF TARRANT )
INTERLOCAL AGREEMENT FOR
COLLECTION DEVELOPMENT
AND LIBRARY SERVICES
WHEREAS, the governing bodies of the parties herein find
the following agreement to be in the best interest of the
citizens they serve; and
WHEREAS, Article 3, Section 64 of the Texas
Constitution, and Article 4413 (32c) of the Revised Civil
Statutes of Texas authorize cities in the State of Texas to
contract with one another for the performance of various
governmental functions and services, including those in the
area of public libraries; and
WHEREAS, the City of Colleyville and the City of
Grapevine pursuant to the Constitution and the laws of the
~,State of Texas desire to make and enter into a contract where
by the City of Grapevine, Texas, will make available to the
City of Colleyville, Texas, collection development and
library services for the educational, recreational and
informational needs of its residents; and
WHEREAS, each party is authorized to perform the
services contemplated herein;
NOW, THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
In consideration of the mutual covenants, terms and
conditions set forth herein, the City of COlleyville, a
municipal corporation situated in Tarrant County, Texas,
("Colleyville") and the City of Grapevine, a municipal
corporation situated in Tarrant County, Texas, ("Grapevinell)
do hereby covenant and agree as follows:
Funding
1.1 Within 15 days after the date of execution hereof,
~Colleyville shall deliver to Grapevine the sum of $20,000.00.
Grapevine shall act as the Trustee for the City of
Colleyville in the disbursement of said funds, and such other
funds as may come into the hands of Grapevine as a result of
the execution of this Agreement, for the purposes established
in this Agreement. Grapevine shall segregate said $20,000.00
and any other funds which are paid by Colleyville to
Grapevine pursuant to the terms hereof from funds owned by
the City of Grapev~ne. Grapevine shall provide Colleyville
with a monthly statement of encumbrances, balance and
number of books purchased on behalf of Colleyville.
1.2 The City of Colleyville may from time to time
deliver additional funds to the City of Grapevine to be
utilized and expended in accordance with the provisions
hereo f .
2.1 The initial $20,000.00 delivered to Grapevine by
Colleyville and any other monies delivered by Colleyville to
Grapevine pursuant to the terms hereof shall be expended by
the City of Grapevine in the purchase of books.
2.2 Grapevine shall make reasonable efforts to insure
that there is a balanced collection of books acquired by
expenditure of the funds delivered by Colleyville.
~. Generally, the funds will be expended 1/3 for the acquisition
of children's books, 1/3 for the acquisition of adult non-
fiction books, and 1/3 for the acquisition of adult books.
The Library Director of Grapevine shall have final authority
for the selection of books within the foregoing categories.
Ownership/Location of Books
3.1 All books acquired with funds delivered to
Grapevine by Colleyville shall be and remain the property of
the City of Colleyville. Grapevine shall maintain records of
the books acquired and the cost of each book acquired on
behalf of the City of Colleyville pursuant to the terms
hereof. Grapevine shal~ make said records available to
Colleyville upon request.
3.2 Until such time as this Agreement is terminated
pursuant to the provisions of paragraph 4.1 hereof, Grapevine
shall locate the books purchased on behalf of Colleyville
pursuant to the terms hereof in the Grapevine Public Library.
Said books shall be available to the public and shall be
treated as the other books owned by the City of Grapevine
within the Grapevine Public Library, having due regard for
the maintenance and care of said books.
3.3 Until termination of this Agreement pursuant to the
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provisions of paragraph 4.1 hereof, Grapevine shall make its
public library facilities available to the citizens of the
City of Colleyville on the same basis as the citizens of the
City of Grapevine, provided, however, Colleyville residents
may use another Colleyville resident as a reference on an
application for a library card. All rules, procedures and
fines will apply equally to the residents of Colleyville and
Grapevine.
Termination
4.1 Either party may terminate this Agreement by giving
the other 60 days written notice of its intention to do so.
Upon termination of the Agreement, all books purchased by
Grapevine on behalf of the City of Colleyville pursuant to
the terms hereof shall be transferred to Colleyville. In the
event of termination prior to all funds being expended,
Grapevine shall refund all monies not encumbered within 60
days of receipt of written notice of termination.
Miscellaneous
5.1 This Agreement may be amended only by mutual
agreement of the parties in writing.
5.2 It is expressly understood and agreed that, in the
execution of this Agreement, no party waives, nor shall be
deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims arising in the
exercise of governmental powers and functions.
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5.3 This agreement may be signed in multiple counter-
parts and shall be binding on each city when duly authorized
by the governing body of each City and executed by each
City's duly authorized representative.
5.4 This agreement contains all of the agreements made
by and between the parties hereto.
5.5 In case anyone or more of the terms, sentences,
paragraphs, or provisions contained in this agreement shall
for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other term, sentence,
paragraph or provision hereof, and this Agreement shall be
constructed as if such invalid, illegal, or unenforceable
provision had ever been contained herein.
IN WITNESS. WHEREOF, the parties hereto have executed this
Agreement to be effective upon execution and dating by each
City.
APPROVED BY THE CITY
COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ON
APPROVED BY THE CITY
COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS, ON
By:
THE HONORABLE
WILLIAM D. TATE,
MAYOR
By:
" '::':;", THE HONORABLE CHRIS
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Date:
APPROVED AS TO FORM:
Date:
. APPROVED AS TO FORM:
City Attorney, City of
Grapevine, Texas
C~ty Attorney, C~ty of
Colleyville, Texas
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