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72R-424 RESOLUTION NO. 72R- 424 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AGREEING TO JOIN AND BE BOUND BY A JOINT POWERS AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM. WHEP~AS, by provisions of Chapter l.s, Division 20 of Part 4 of the Education Code, State of California, public libraries in the State of California are encouraged to form cooperative library systems by entering into agreements to implement a plan of joint service for the agency so contracting; and WHEREAS, the Orange County public Library, the Yorba Linda Library District, the Placentia Library District, the Huntington Beach Public Library, the Fullerton Public Library, the Santa Ana Public Library and the Newport Beach Public Library, through their respective City and District organizations, have previously so cooperated to form the Orange County Cooperative Library System, sometimes called the Santiago Library System; and WHEREAS, the Joint Powers Agreement establishing the Santiago Library System provides for inclusion of additional numbers to the system by the unanimous vote of all members; and ~ WHEREAS, all members of the Santiago Library System have voted Unanimously to accept the Anaheim Public Library as a member in said library system; and WHEREAS, by joining the Santiago Library System, the Anaheim Public Library can provide expanded library service to the citizens of Anaheim through the specialized facilities available through the Santiago Library System and increasing the number of books available to the public of Anaheim and, further, by grants in aid obtainable from the state and federal governments, all of which are partially or wholly unattainable unless through the Santiago Library system or a similar system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that this Council authorizes the Anaheim Public Library to join the Santiago Library System. BE IT FURTHER RESOLVED that this Council, as the governing body for the Anaheim Public Library, adopts and agrees to be bound by that Joint Powers Agreement, as amended to date, previously adopted and approved by the Orange County Public Library, the Yorba Linda Library District, the Huntington Beach Public Library, the Fullerton Public Library, the Santa Ana Public Library and the Newport Beach Public Library through their respective city and district organizations and as provided by law, a copy of which is attached hereto, and made a part hereof by reference as though set out in full herein, and the by-laws of the Santiago Library System, a copy of which is attached hereto and made a part hereof by refererence as though set out in full herein. -1- THE FOREGOING RESOLUTION is approved and signed by me 19th day of September, 1972. this A'l'TEST: ~~~k.1J~ l~ CLERK OF THE CITY OF ANAHEIM ~9 '- STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF ANAHEIM } I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 72R-424 was passed and adopted at a regular meeting of the City Council held on the 19th day of September , 19 72 , by the following vote of the members thereof: - AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCIk"1EN: None ABSENT: COUNCILMEN: Stephenson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 19th day of September , 19 72 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of September , 19-.l..1-.-- lL- )x.fl_'J~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 72R-424 duly passed and adopted by the Anaheim City Council on September 19, 1972. ~- ~ )I Il~~ City Clerk -2- FAL : kw . . _..~- JOINT POWERS AGREEMENT Pursuant to Title I, Division 7, Chapter 5 or the Government Code or the State or Calirornia (Sections 6500 to 6513), a Joint Powers AGreement is hereby entered into between the ORANGE COUNTY PUDLIC LIBRARY, the PLACENTIA LIBRARY DISTRICT, the YORBA LINDA LIBRARY DISTRICT, the HUNTINGTO;-.J BEACH PUBLIC LIBRARY, the NEWPORT BEACH PUBLIC LIBRARY, the FULLERTON PUBLIC LIBRARY, the SANTA ANA PUBLIC LIBRARY, and the ANAHEIM PUBLIC LIBRARY. R E C I TAL S WHEREAS, the State or Calirornia has enacted the Public Library Services Act in order to encourage the development of rree public libraries throughout the State by grants to public library systems for the purpose of: (a) Assisting them in establishing, improving and extending library services; and (b) Encouraging the establishment or library systems in areas where such cooperation would facilitate improved service; and WHEREAS, the part~es to this Agreement are desirous of establishing a cooperative regj.onal library system to be known as the SANTIAGO LIBRARY SYSTEM for the purpose of improving and extending :ibrary service to all residents of these Library Districts by closer cooperation among their respective libraries, and in oreer to obtain the benefits of such a system as prov~~ed by law on s~ch terms and conditions as hereinafter follo~; ~ow. THEREFORE, pursuant to the provisions of the California EGuc~tlon Code, Division 20, Chapter 1.5, comprising Sect_ons 27:11 to 271117, thE parties hereby form the 2..A~'l'IAGO LI3::\..\::\1' S;::3TE::-:. T~e obligations and conditions that hereinafte~ follow '7) ,~ . '> ". , -1- continGent upon approval by the State Librarian of the plan of library service which has been submitted by the member libraries. ",-., ~. POWER OF SYS7E~. The SA~~IAGO LIBRARY SYSTEM shall have all the powers, prerogatives, and authority necessary to effectively plan, operate and administer a public library system and to establish, improve and extend library services within the geographic boundaries of the SYSTEM. It shall plan and determine the use to be made of any funds received by the SYSTEM from any source and may expend such funds in accordance with such plans and determinations. The System Council, or such administrative officer as it may from time to time appoint, may administer and exercise this power pursuant to the rules and regulations as adopted in the manner set out here-after. 2. GOVERNING BODY OF SYSTEM. The SANTIAGO LIBRARY SYSTEM will be administered bya Council consisting of the Head Librarian of each member library or such other person as has been designated by the governing bOdy of that library. Governing boards or Council members may designate alternates to sit, deliberate and act in the absence of the appointed Council member. Th~ Council will elect one of its members as President, who shall hold office for a one-year term. Sa~d term shall be for the operating year. The President, or his designated alternate, shall preside over all meetings of the Council. The Council shall draw up rules and regulations from time to time as they deem advisable; however, such rules and regulations shall not be valid until they have been ratified by the governin6 board o~ each member library. Proposed rules and regulations will be adopted by a majority vote of the System Council as constituted ;:"'~ tr.c: time .:lnd submittceJ to the t!;ovcrnlng bOQrd::; 1'01' r::ltlflcQcion. 2very official action taken by the System Council shall be affirmed by a formal vote of the memoers of the Council. Minutes shall be kept ,.. <? ...! -,.... U..... ~L...:.. meetings. Copies of the minutes of each meeting shall be transmitted to the governing hoard of eac~member library within flve days of the meeting. A journal shall be maintained recording official acts taken. -2 - _"-"_"''f 3. SOU]CE OF SYSTEM FUNDS. The SYSTEM shall expend for SYS~EM purposes such monies as may be received from: (1) the /- S~ate o~ California pursuant to Article 6, Chapter 15, Division 20, Part 4 of the California Education Code or such other grants or appropriations as may be made; (2) the Federal Government pursuant to any program related to library purposes; (3) private or public foundations, organizations, corporations, companies, unions,- or associations; (4) private individuals by gift, devise or bequest. The SYSTEM is empowered and authorized to make any applications and/or agreements necessary to be or become eligible for such financial support, except that such applications or agreements shall not impose conditions of the type prohibited by Education Code Section 27121, or the rules and regulations previously adopted by the SYSTEM pursuant to Clause 2. 4. OWNERSHIP OF SYSTEM-PURCHASED ITEMS. Ownership of items purchased with SYSTEM funds shall be in the SYSTEM or in member libraries as the System Council may in each instance determine. Such determinations shall be made at the time of purchase. 5. OPERATING EXPENSES OF SYSTEM. The System Council may authorize the payment of necessary SYSTEM salaries and expenses from SYSTEM funds. The System Council may periodically authorize the transfer of SYSTEM funds in such amounts as to them seem advisable, to the ORANGE COUNTY PUBLIC LIBRARY to defray the ~stimated cost of purchases of materials and supplies to be made for the benefit of SYSTEM during the following period by the said ORANGE COUN~Y PUBLIC LIBRARY, acting in its role as fiscal agent of SYS'rEM.. 6. A~COUNTING FOR FUNDS. All funds received and disbursed by th~ SYS~EM shall be strictly accounted for, according to accepted procedures and practices for governmental entities. Of. FISCAL AGENT. The ORANGE COUNTY PUBLIC LIBRARY 'Id:: pcrforffi the following services: -.? - " (a) Act as contract~~g agency with the State of California for the receipt, disbursement and accounting of such funds as may be allocated by the State government, Federal government, or private sources for SYSTEM use. (b) Issue reports of receipts and disbursements and accounting of funds, or shall do so on demand of any member library. (c) Act as the contracting officer for the SYSTEM for the ordering and requisition of books, materials and supplies required for the effective and efficient operation of the SYSTEM. 8. ADMINISTRATION OF MEMBER LIBRARIES. The member libraries shall administer their own public libraries independently, selecting their own books, hiring their own personnel, and operating according to the policies and rules established by their own governing bodies. 9. ADDITIONAL MEMBERS. Other public libraries may apply for membership in the SANTIAGO LIBRARY SYSTEM, provided they meet the requirements for SYSTEM membership as established by the California State Library and by the laws of the State of California. Applicants will be considered for SYSTEM membership if their application is approved by a majority of the System Council. Approved applications will be submitted to the governing board of each member library. Membership will be granted upon approval of the governing board of each member library. 10. WITHDRAWAL OF A MEMBER. Any member library may withdraw from the SANTIAGO LIBRARY SYSTEM by serving formal written nOtice of its intent to so withdraw at least one hundred and twenty (120) days prior to the end of the operating year. The SYSTEM shall continue to exist so long as there are two member libraries, provided tnat these two meet the requirements of SYSTEM membership. Libraries wnich withdraw are subject to such rules and ~egulations governing withdrawal as the System Council shall beforehand have establlsl1ed. -4- ~~. ~E~~INATION OF SYSTEM. This library system may be 0ermina~cd at any time by resolutions of the governing boards of all of the me~bers in t11is SYSTEM at the time termination is voted. A decision to terminate shall become effective whenever designated in the termination agreement. Upon termination, all Just claims against the SYSTE~ shall be paid, distribution made to the State and Federal governments as required by applicable law, and the remaining as~ets distributed among all parties who are then members of the SYSTEM in proportion to the population of each member in relation to the total population in the SYSTEM. 12. FISCAL AND OPERATING YEAR. The fiscal year and the operating year of the SYSTEM shall be the same, and shall commence July 1st of each year. 13. DEBTS. That no debt, liability or obligation of the SANTIAGO LIBRARY SYSTEM shall constitute any debt, liability or obligation of any party to this Agreement. 14. AMENDMENT. This Agreement may only be amended by the action of all the respective governing bodies constituting this SYSTEM. 15. EFFECTIVE DATE. The effective date of this Agreement is Augu~t 26, 1972 - -)-- _',"'J" Sfu~TIAGO LIBliliRY SYSTEM RULES ~~D PROCLDURES r"e.'- I - MEETINGS Meetings will be held at the Orange County Public Library unless place of meeting is otherwise set by the System Council. Meetings will be held at least once a month, and a schedule of hi-weekly meetings on the 2nd and 4th Tuesday of each month will be followed until revised by a majority vote of the System Council. _~,y member may call for a special meeting by contacting the President and stating the purpose. The President will notify members of regular meetings at least three (3) days prior to the meeting, and of special meetings at least 24 hours in advance of the agenda proposed. If a member cannot attend or send a representative, the President must be notified at least one day prior to the meeting. Minutes of each meeting will be prepared by directive of the President and sent to each member, governing board, and other designees within five (5) days after the meeting. :.leetings will be held pursuant to the Ralph M. Brown Act as set forth in the California Government Code. II - QUORUM A majorlty of the total voting members of the System Council will comprise the quorum. No meetings will be held unless a quorum is present. III - VOTING The vote will be cast by the librarian or such other pers~n ~s nas been designated by the governing,Board of the member librarie~1 or by the representative accredited to the president by said librarian. A simple majority of the-quorum is required to enact any business of the system unless otherwise stated in the Rules and Proced~res. A two-thirds majority vote of the membership is required for ado;?ting the budget and amending the Rules and Procedures; ,.--."..... MK, n IV - PRESIDI:~G OFFICER The System Council will elect one of its members President in the first regular meetina of the operating (fiscal) year. The President's term shall be one year, and he shall preside at all Council meetings until his successor is elected in the first meeting in July of the following year. The President may also appoint committees who will study and report to the System Council on specific programs. V - M1ENDtJ'~NTS Amendments and additions to these rules may be proposed at any regular or special meeting. Such amendments will be published in the minutes, voted on at the following meeting, and submitted to the governing board of each agency for ratification, pursuant to the Joint Powers Agreement. VI - BUDGET AND ACCOUNTING The System Budget for the use of System funds is to be drawn up and adopted by the System Council prior to requesting annual grants from the State; to be reviewed and modified, if necessary, after exact amount available is made known by the State. The fiscal operating year shall be from July 1 through June 30. The Orange County Treasury will be designated the Depository for the System funds, and the County Treasurer as Treasurer for the Syster... The Orange County Auditor-Controller will be designated the Auditor for the System and will establish a fund and maintain appropriate records for the System. =n~ernal accounting procedures will be adopted after consultation with the designated auditor, and will be designed to insure com- p&tibility with established accounting practices in use by him. All bills will be approved by a majority vote of the System Co~~cil and certified by the Council President and Fiscal Officer before they are submitted to the County Auditor for payment. As. Fiscal Agent, the Orange County Public Library will perform the following services; .- ~. .Ac~ as a contracting agency with the State of California for the receip~, disbursement and accounting of such funds as may be allocated by the Sta~e governmen~, Federal government, or private sources for System use, pursuant to the Joint Powers Agreement. 2. Issue quarterly reports of receipts and disburse- ments and accounting of funds, or shall do so on demand of any member library. 3. Prepare reports required by the State of California, and submit these reports to the System Council for approval. VII - PERSONNEL The Sys~em Council may contract for professional services, as requirE;c.. The System Council may from time to time employ personnel, either permanent or in an extra help classification, to perform obligations of the Plan of Service, as may be decided by the System Council. Any personnel hired for these duties will be processed through the Orange County Personnel Department and will be covered by an Orange County Personnel item number and appropriate insurance and liability policies. All wages and fringe benefits that will accrue under the Orange County Personnel Resolution will be paid for by the System. VIII - PURCHASING All purchases made by the Santiago Library System will be transacted by and through the Orange County Purchasing Department in accordance with their standard rules and procedures. o '""-'-"-".~'