1974-18 Authorizing Mayor & Clerk to Sign Agreement with PBC for PBC Library Membershipf ~
RESOLUTION N0, 18-74
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO SIGN
TIIAT CERTAIN AGREEMENT WITH PALM BEACH COUNTY REGARDING MEMBERSHIP IN
T}IE PAhA7 BEACH COUNTY LIBRARY SYSTEM.
BE IT ABSOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Mayor and the Village Clerk be, and they are
hereby, authorized. and directed to sign that certain contract between
the Village of North Palm Beach and the County of Palm Beach concerning
County library service, a copy of which is attached hereto, marked Exhibit
A, and by reference made a part hereof.
Section 2. The Village Clerk is hereby authorized and directed.
to affix the Village Seal thereto.
Section 3. A copy of this Resolution, together with the ex-
' ecuted contract, shall be sent forthwith to County Administrator Jack
Dean.
Section 4. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED THIS 25 DAY OF APRIL, 1974.
/s/ Walter N. Colbath, Jr.
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
1
Y
A G R E E M E N T
THIS AGREEMENT, entered into this 25 day of April
]9. 71j;, between the yI~AGF OF NORTH PALM BEACH Florida, a
municipal corporation organized under the laws of Florida, whose post office
address is c/o City hall, NORTH PALM BEACH , Florida, hereinafter
designated as City, and the County of Palm Beach, a political subdivision in the
State of Florida, whose post office address is Palm Beach County Courthouse,
West Palm Beach, Florida, hereinafter designated as County:
WITNF.SSETH:
W}IEREAS, the City has a public library located in Palm Beach County,
Florida, and
W}IEREAS, the County desires to provide free public library service to
the residents of the County described in Paragraph 1 hereof;
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and conditions hereinafter set forth, the parties agree as follows:
I. For a period of one year commencing October 1, 1974 , the City
shall provide Iree public library service and free use of its public-library facili-
ties and materials, on both a direct borrowing basis and through interlibrary loan, to
(a) all residents of the County residing outside the
corporate limits of a municipality, and
(h) all residents of the County residing within the
corpora to limits of a municipality which does pot use ad
valorem tax money for public library purposes, and
(c) all residents of the Count:v residi;~~ within the
corporate limits of any municipality in the County which curreAtly
uses ad valorem taxes for public library purposes but which elects
to discontinue such municipal taxes and to have its residents taxed
by the County for County Public Library service, and
(d) all. residents of the County residing within the corporate
limits of any municipality in the County which does use ad valorem
taxes for public library purposes and which has entered into an
~ ' agreement. with the County in form and substance. as
set forth herein,
rn the same :namxer and under the same rules and regulations applying to the
residents of the City, During the period of this contract, the City shall provide
physical faci].itfes used exclusively for public library service with space for
re `,erenc.e and reader use by persons of various age groups, and keep its public
Library open for a minimum of forty hours per week with paid personnel on duty
Bearing al.] such hours and whose time is devoted exclusively co public library service.
During said period, the City shall appropriate and spend from the City budget a mini-
mum sum equal. to $2.OO per person for all persons t'esiding within the limits of the
Ci cy or shall appropriate and spend a minimum sum equal to .75 mills tax on the
taxahl.e value of the property in the City, whichever sum is less.
2. The books and materials of the City shall remain the property of
cht: City which shall have complete authority in operating its public library sub~ecc
only to Che free use of its facilities and materials as set forth herein.
3. The County shall pay to the City hereunder an amount equal to 15%
u1 the actual money expended by the City for public library purposes during the
Ci.ty's previous fiscal. year. As used herein, the phrase "actual money expended by
the City iur puh]ic library purposes" shall not include any moneys paid to the City
by the County or any moneys received by the City as a federal or state grant. The
phrase shall. include all f,mds spent exclusively for public library purposes, except
expenditures for capica]. irapc'ovement.s. The term "capital improvements" shall include
such items as office machines and typewr.itco•~. hat. shall nor. include such items as
books, periodicals, phonograph records. and art works. Br~.nair_; to capital equipment
::r huildinfs she].] not he regarded as an expendi.tt:•.re for capft:al. impr,~.ve_menis unless
t'~.a~ item tai-~u'd be. capitalized fox' accounting purpn;es under proper and standard
a~cocntin€; proc.chtres. Wh[:re the mai.ntet:ance-: of tare publ3e library building and
grounds, i.nsur,nce., ;;±,•-]itie^, ~^riea. °-;.urity, .,.nad such items a.re combined with other
Cit ~; expenses, a proper prorated a'^.ount of such expenses r=hall. he allocated as money
spent fur public library purposes, F.ny question as to whether an item should be
reg.+rded as within the meaning of the phxase "actual. money expended by the City for
public l.ibrery purposes" shall be. decided by the County Comptroller, whose determina-
tion shall be binding upon both the County and the City.
4. 1'he amount to he paid by the County to the City hereunder shall. be
paid in full on or about February ], 19%5 , upon the basis of a financial report to
2
~~~ furnished by the City, containing the. customary C,P,A. certificate, setting
r
forth "the actual money expended by the City fbr public library purposes" during
the Ci.ty's previous fiscal year as defined ahove. It is further provided that
such payment ~by the County to the City shall be subject to the availability of
funds from the collection of County library taxes. In the event that such funds
are not available for disbursement on or about February 1, 1975 payment shall
be made as soon thereafter as practicable.
5. A1.1 moneys paid by the County to the City hereunder shall be used
by Che City solely for the City's public library.
6. At the request of the City, the County may purchase public library
materials for the City. Keimbursement by the City shall be made to the County
upon presentation of documents confirming the actual cost. The library materials
so purchased shall. be the property of the City.
J. No provysion of this Agreement shall prevent the acceptance of any
other funds by the City or the County for the further development of public library
services within the County of Palm Beach, Florida.
Af11sS1: NORTH PALM BEACH , FLORIDA
_L- ~ ---~- -- .-
City Clerk Mayor
JC' ii'd f~. DUf~ifa_E, ClEFK
L O,If !1 Oi !~!I lty (;, 11,ll nl; SIO:1(TS
A171;S T': / ~ .. 3:0.4 RD OF C UNTY COMMISSIONERS OF
R,
1. I \UI ~~; ~ ~._ ISNT~, FL r
r Ce utp (Ic rk'C r.p!r ~. er
P By ,~ls~ ~l'~ /
Clerk of the Circuit Court ~~ C irman} -~~w~~/~~
of Palm Peach County, Florida
3