HomeMy WebLinkAbout1190 ResolutionRESOLUTION NO. 1190
WHEREAS, the City of Pasco is the owner of certain library
facilities located at 1320 W. Hopkins, Pasco, Washington, and
WHEREAS, in connection with the operation of said library, it is
proper and in the best interest of the City to lease the.library
facilities; and
WHEREAS, the Mid -Columbia Regional Library has represented to
the City of Pasco its capability of operating said library facility;
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO:
That the proper officials of the City of Pasco be and the same
are hereby authorized to execute a lease agreement with the Mid -Columbia
Regional Library for the lease of the library facilities located at
1320 W. Hopkins, Pasco, Washington; said lease agreement to be
substantially in the form of the lease agreement attached hereto and
by this reference incorporated herein as though fully set forth at
length.
PASSED by the City Council of the City of Pasco, Washington,
this 24 day of July , 1978.
Chet Bailie, Mayor,
ATT T•
"` W lls, Deputy City Clerk
APPROVED AS TO FORM:
rick T. Roach, Acting City Attorney
A G R E E M E N T
THIS AGREEMENT is made and entered into this day of ,
1978, by and between the BOARD OF TRUSTEES OF THE MID -COLUMBIA REGIONAL
LIBRARY, an inter -county rural library district (hereinafter referred
to as the "District") of Benton and Franklin Counties, Washington,
hereinafter referred to as the "Board"; and the CITY OF PASCO, WASHINGTON,
a municipal corporation, hereinafter referred as the."City";
WITNESSETH:
WHEREAS, the City is desirious of continuing its affiliation
with the Mid-,,Cglumbia Regional Library upon the terms and.conditions
hereinafter set forth; and
WHEREAS, both the City and the Board feel that such affiliation
will. .result in more effective library.service to the residents of Pasco
at less cost than the City expended in maintaining its own.library
r prior to the original library service contract; NOW, THEREFORE,
THE PARTIES AGREE AS FOLLOWS:
1. The Board agrees, according to the provisions of Chapter.
27.12.180 Revised Code of Washington, that it shall render from the
City's library building the same full and complete library service to
residents of the City as provided'for residents of the said inter -county
rural library district and its other.contracting cities.
2 The City agrees td,provide to. -`the Board the use of its present
library building at 1320W. Hopkins, without cost or other..consideration..
and further agrees.to.supply,.at its expense any building and property
improvements together with heat, water, light, janitorial service and
ground maintenance. All other costs and expenses for providing the
said library services stipulated in this agreement shall be paid by the
Board.
3. The.City further agrees to pay to,the Board in quarterly
installments each year a contract fee equal to the sum of money which
would be.arrived at by applying the same levy rate against the
assessed valuation of the property within the City limits as is used
in the rural library district for that year's library taxes providing
the contract is extended as provided herein.
4. The City further agrees that any fines, fees, Social Security
Act refunds and.other income from library services during the term of
the agreement will be turned.over to.and/or will be a part of the
Mid -Columbia Regional Library income. In the event that the Library'
Auditorium is not needed for library services at any time and the
City rents the said auditorium for other than library functions the
City shall retain any revenues generated thereby.
-2-
5. The Board agrees that it will provide as full and complete
library service to,the residents.of the City of Pasco as it provides
to residents.ofother -contracting cities, and. -further agrees:
.
.'(a). That all historical documents, books, papers, and other.
material of that description relating to the history of Pasco and
Franklin County presently owned by or specifically given to the City
in the future shall remain in the Pasco library.
(b) That in the event that this contract is terminated all
books and other,library materials belonging.tb the City prior to the
contract and still in the collection shall remain with the City
collection. In addition for the years the contract was in force a
portion of gbod and useful titles, including both basic and popular
materials, from the District holdings will be assigned to the City
collection.. This proportion shall be that of the total payments by
the'City to the,District to the total'income.of the District for the
years the contract.was in force according to the provisions of Chapter
27.12.080, Revised Code of Washington. This proportion shall be
applied to the number of books withdrawn in the same period. In the
event of disagreement over the division a negotiating committee shall
be appointed composed of one member appointed by the City, one member
appointed by..,the-Board, and'one.member appoi.nted.by the Washington
State Library.
6. The Board further agrees that it will retain all present
City Library...employees without layoff or'reduction in salary as of,
October 1,'1972, but that at'its discreation it may reassign employees
to different jobs within its system and provided further that nothing.
in this covenant shall prevent the Board from terminating or
discipling any employee for failure to perform his or her job in a
satisfactory manner or upon other just cause. Further, the Board
agrees to assume responsibility for and credit present City Library
employees for accrued annual and sick leave unused as to January 1,
.1973.
..,7..,The Boardfurtheragrees'to maintain, in accordance with the
provisions of Chapter 27.12.190 Revised Code of Washington, a seven
member board with one of its official voting members appointed from
the City.
8. The Board agrees not to make any changes or alterations to
the building without the prior written consent of the City. Each
party agrees to waive any claim it might have against the other as
the result.of any claimed defect in the building, the premises or
library operation.
-3-
9. The term of this Agreement shall be three (3) years, commencing
January 1,,1976, and.ending December -31, 1978. The term shall auto
matically-be extended upon,the same.terms and -conditions thereafter
unless,.within six (6).months.prior to the end of any calendar year.one
of the parties gives to the other party written notice that it elects
to terminate the agreement.
10. Any provision of this Agreement may be open for negotiation
by either party upon giving the other party sixty (60) days notice
of its intention to negotiate. -Said notice shall indentify the matters•':
sought to be amended.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and sea�s,the day and year first above written.
MID -COLUMBIA REGIONAL LIBRARY CITY OF PASCO, WASHINGTW
By. _ s
Chet Bailie, Mayor
ATTEST:
Charles T. Criscola,.
Ex Officio City Clerk
Patric
AS TO FORM:
T..,Roach, -Ac
ng.City Attorney.
STATE OF:WASHINGTON)
.ss.
County of Franklin )
4
On this py day of 1978, before me the
undersigned, a Notary Pub inan for'the State of Washington, duly
commissioned and sworn, personally appeared Chet Bailie and Charles
T. Criscola, to me known to be the Mayor and Ex Officio City Clerk,
respectfully, of,the`City of Pasco, Washington., the corporation.that
executed the foregoing instrument, and acknowledged said instrument
to be the free and voluntary act and deed of that said corporation,
for the uses and purposes therein mentioned, and on oath stated that
he is authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
Witness my hand and official seal ereto affixed the -day -...,and
year first above written.
.I . .. .,. rb �`I' -✓ALL ,.r i
No ary u lic in and -for the ate
of Washington, residing at
ME1_
STATE OF WASHINGTON)
:ss.
County,of Franklin )
On this day of 1978 before methe '
undersigned, a Notary Public in and for the State of Washington, duly
;commissioned and sworn, personally appeared Lewis Enlow, Mrs. Marion
Job, Kenneth Lewis, Alta Neff, Lawrence Scott, W.E. Johnson and Mrs.
Thomas Webber, to me known to be the Board of Trustees of the Mid -Columbia
Regional Library, the inter -county rural library district that executed
the foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said inter -county rural library
district, for the uses and. purposes therein mentioned, and on oath
stated that they are`author:zed'to execute the'said instrument.
Subscribed and sworn to before me this day of
1978.
3
Notary Public in and for the State
of Washington, residing at