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California
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council Meeting of July 25, 1989
Santa Monica,
TO: Mayor and City Council
FROM: City staff
SUBJECT: A Recommendation to Dissolve the Public Library Film
Circuit and Join the Southern California Film Circuit
Introduction
This report presents a recommendation that the City Council vote
to dissolve the Public Library Film circuit, a Joint Powers
Agency 7 and subsequently enter into a Joint Powers Agreement with
the Southern California Film Circuit, and authorize the City
Manager .to negotiate and execute related documents.
Background
Cooperative film circuits allow member agencies to stretch their
film purchasing dollar through pooling of funds. The pooled
funds are used to purchase and maintain 16mm films which are
circulated among the agencies for use by the public. In recent
years, the number of agencies that offer 16mm films has deClined
dramatically. However, those agencies still offering films find
they are still in demand, especially for group showings.
The City of Santa Monica has participated in cooperative film
circuits since 1959. In 1980, the city Council voted to transfer
membership to a new circuit, the Public Library Film Circuit
(PLFC).
By 19B7, membership in this circuit had declined to four
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agencies: the cities of Beverly Hills, Santa Fe Springs, Santa
Monica, and Yorba Linda. Another circuit, the Southern
California Film Circuit (SCFC), had proposed to PLFC that its
remaining members join SCFC. This circuit still had a sufficient
number of members to make a viable organization. At a meeting in
June, 1987, representatives of the four PLFC member agencies
voted to dissolve the Public Library Film Circuit and explore
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joining SCFC.
At a meeting of the Southern California Film circuit held in
July, 1987, representatives of the member agencies voted to
accept any member of PLFC subject to the following conditions:
the member would turn over to SCFC its share of the PLFC 16mm
film collection in exchange for SCFC waiving the $1800 entrance
fee and a reduced annual dues rate for fiscal 1987/88 of $1800.
Of the four PLFC agencies, three--Beverly Hills, Santa Fe
Sprinqs, and Santa Monica--agreed to do this. The remaining
agency, Yorba Linda, opted instead to withdraw from any film
circuit membership. According to the terms of the PLFC Joint
Powers Agreement, Yorba Linda was given a fourth of the films in
the PLFC collection. The remaining three fourths of the
collection was turned over to SCFC to be absorbed into the SCFC
collection.
During fiscal 1987-88, Santa Monica remained an inactive member
due to the cessation of its film loan service while the Main
Library was closed. Now that the Main Library is re-opened, the
library has resumed lending its own collection of l6mm films, and
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is eager to offer its film borrowers the films in the Southern
California Film Circuit collection.
The SCFC is governed by a Commission composed of one
representative from each of the contracting agencies, usually the
Library Director. The Commissioners meet annually and decide on
an operating budget as well as setting the annual membership fee.
BUdget/Financial Implications
Membership in the film circuit costs each member agency an annual
fee which is currently $2500. Funds for this fee are available
in Account 01-410-614-000-407.
City Attorney Review
Library staff submitted copies of the joint powers agreements for
both film circuits to the City Attorney's staff with a request to
review an appropriate method to dissolve PLFC, and to review the
SCFC agreement as to form for Santa Monica's membership. The
City Attorney's staff has now completed its review and prepared
the needed documents to effect both actions.
Recommendation
Staff recommends that the City Council approve the dissolution of
the Public Library Film Circuit, a Joint Powers Agency: and enter
into a Joint Powers Agreement with the Southern California Film
Circuit. staff further recommends that the city Council
designate City Librarian Carol A. Aronoff as the city's
representative on the Commission, and authorize the City Manager
to negotiate and execute related documents.
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Prepared by: Carol A. Aronoff
City Librarian
Robert M. Myers
City Attorney
Attachment:
Resolution
Termination of Joint Powers Agreement - Public
Library Film circuit
Joint Powers Agreement - So. Calif. Public Library
Fil1D. Circuit
( S CFC)
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CA:RMM:lmcd207/hpca
City council Meeting
Santa Monica, California
RESOLUTION NUMBER
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO DISSOLVE THE PUBLIC LIBRARY
FILM CIRCUIT COMMISSION, A JOINT POWERS AGENCY, AND
TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE
SOUTHERN CALIFORNIA LIBRARY FILM CIRCUIT COMMISSION,
A JOINT POWERS AGENCY
WHEREAS, the City of Santa Monica has determined that its
continuing participation in the Public Library Film Circuit
Commission ("PLFC") n~o longer meets the needs of the City with
regard to participation in a film circuit maintaining 16
millimeter films because of the declining number of cities who
are members of PLFCi and
WHEREAS, the city has determined that its participation in
the larger Southern California Library Film Circuit commission
(tISCFC") would better meet the City's needs for participation in
a film circuit offering the use of 16 millimeter films to the
public,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the dissolution of
the Public Library Film Circuit commission, a joint powers
agency, and authorizes the City Manager to execute a Termination
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Agreement substantially in the form attached hereto as Attachment
A.
SECTION 2. The City Council approves the city's entering
into the Southern California Library Film Circuit commission and
authorizes the City Manager to execute the Joint Powers Agreement
for the SCFC in Substantially the form attached hereto as
Attachment B.
SECTION 3.
The City Council hereby designates the City
Librarian as its representative on the SCFC, as required by
Section III of the SCFC Joint Powers Agreement.
SECTION 4 .
The City Manager is further authorized to
execute such other documents as may be necessary to effect the
termination of the Public Library Film circuit commission and to
join the Southern California Library Film Circuit Commission.
SECTION 5. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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ROBERT M. MYERS U
City Attorney
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TERMINATION OF JOINT POWERS AGREEMENT
WHEREAS, the following public agencies: the City of Santa
Monica, the City of Beverly Hills, the City of Santa Fe Springs,
and the Yorba Linda Library District are the sole remaining
members of the Public Library Film circuit Commission (UPLFC
Commission"), created by that certain Joint Powers Agreement
("JPA") attached hereto as Attachment A; and
WHEREAS, pursuant to Section VII "Termination" of the JPA,
a maj ori ty of the members of the PLFC Commission may vote to
terminate the JPA at any time; and
WHEREAS, the four remaining members of the PLFC Commission
have voted unanimously to terminate the PLFC Commission; and
WHEREAS, Government Code Section 6510 of Article I, Chapter
5, Division 7, Title I of the Government Code authorizes the
termination or rescission of a joint powers agreement pursuant to
its terms,
NOW, THEREFORE, the parties hereto hereby agree as follows:
I . Purpose.
This Agreement is made under the provisions of Article I,
Chapter 5, Division 7, Title I of the Government Code of the
State of California for the purpose of terminating the JPA
attached hereto as attachment A.
II. Termination.
The parties hereby elect as follows:
A. To terminate the JPA pursuant to Section VII of the
JPA, effective as of the date of this Agreement.
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B. To waive the requirement upon termination set forth in
Section VII of the JPA that all properties, including all 16
millimeter films, owned by the PLFC Commission at the time of the
termination be sold and the receipts therefrom deposited in the
PLFC Commission's account to be divided equally among the
remaining public agencies. Instead, the parties have agreed that
the city of Yorba Linda may retain one-quarter of the 16
millimeter films owned by the PLFC Commission and that the three
other public agencies may donate the remaining three-quarters of
the properties owned by the PLFC Commission to the Southern
California Library Film Circuit Commission, which the three other
public agencies intend to join.
C. The parties hereby agree to waive the preparation of a
final annual report including a certified audit of all receipts
and disbursements, and each party hereby releases each and every
other party from any and all claims of whatsoever nature which
such party may have against another party arising out of or by
virtue of the JPA.
III. Counterparts.
This Agreement may be executed
each of which is an original, and
constitute one and the same document.
in several counterparts,
all of which together
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IN WITNESS WHEREOF, the parties hereto have caused this
1989.
Agreement to be executed this ____ day of
,
CITY OF SANTA MONICA
a municipal corporation
By
JOHN JALILI
City Manager
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed this _____ day of
1989.
CITY OF BEVERLY HILLS,
a municipal corporation
By
Name:
Title:
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed this ____ day of
I
1989.
CITY OF SANTA FE SPRINGS,
a municipal corporation
By
Name:
Title:
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed this ____ day of
1989.
YORBA LINDA LIBRARY DISTRICT
By
Name:
Title:
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JOJNT FOWERS AGREE!oENT
w!I.UlEAS, tb. following public ...ncies: t.he CITY OF PASADENA, t.he
em or SOUTS PA$ADENA. the em OF AI.BAHBBA. tbe CITY OF ~T.F-rm.u.E, t.h.
eIn OF BllRBAHK. the cm or W!ll'l"l'IER, the CIT! OJ' nn.t~, the em
OJ' ORANGE, the CnI 01' RIVERSIDE. ~. CITY or SAN Bi':RNA!IDINO, _4
BUENA PARK LIBRARY DISTRICT, aD4 the CIT! C1F ARCADIA. anI! .ach of them,
-.1Dtain aDd operat.. .. a diyiaion of agencl of ~ocal soy.rDllteDt., a
Public LibraJ')'; aDd.
~~:w.:as. .ach of tbe pllblic aseDei... ps:'on4n n. D'C".ary public
fudll for the operation of the pI1bllc libraries; and
WHEREAS, .ach of the public agenci.. has tb. power to approye the
.xpeDtitur. of funda on the part of the public llbrlU")" for the procurillg
of ti.lms to be _d. a.ail.bl. to persou. utlllz.iD.g the publlc llbrar)'
f.cUiti..; ud
WHEREAS, 1t baa b.eD found .nd determin.d that the cre.tioD of .
common film or audio Y1sual in.eDtor, in which the respectiye public
llbrlLl'1 of .ach of the public ag'lId.. IIiQr participate will greatly
iDcr..... the aYail.abillty ot a -.or. ezteuhe Buppl,. of fillll& or aud:Lo
.181.o&l ..cha. thereby proYiding dditioDal b.n.fit to Itll pcraoD6 llai.Yfj
the respecti.. librarl faciliti.s .. the same are mailltained bl each of
tbe publ1c as.ncba; and
VHf;REA.S. tbe public agencies lire authorized to contract vi tb eacb
other for the joint exerci.. of an: common power UDder Article I. ehap~er
5. DhisioD "I. T1tle 1. or the Gonrnment Code of the State of Ca11forn1,ai
HOW, THEREFORE, 'I'm: 1'OLLOWllfG CON'l'ilACTlI<<; pllblic ag.nc1es: the
em OF PASADENA. the cm OF SOUTS PASADENA. the CITY OF .ALBAHBRA. the
CIn OF GLENDALE, tbe cm OF BtIRBAHK. tbe em OF VBI'l"I'IER, the CITY 01'
F\ll..l.ER'I'OI'I, the CITY OF ORANGE, ~be em OF liIVERS]!)!., tbe crn OF
SAN BERNARDDlO, BUENA PARK LIBRARY DISTRICT. ud the crn or AllCA.PIA. anI!
.ach of t!lelll. for and 111 couideratioD of the mutual promia.. ul!
&ST.tmeAt. hereina!ter .tated and the performance thereof. and lor other
yalliable ana .aequat. consid.eratiQJl. 60 hereby promsI' &JI4 agr.e for 1Ul4
OD ~e~f of th.~elYea aDd tbeir auccessors in interest a. follows;
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PIffiFOSE OF AGREEMENT. COHlON POWER 'l'O BE EXEIiCl.SED
Thi. agreemlnt. ..de UDder the proTis1oDa of Article I. Chapter 5.
])in.toli 7. 'fi.u.e I of the GoVBI'.DIleDt. Code 01 the State of CalUorDi.... '1.
(or tb. purpoe. or prorl~ for' the crlatbll. _4 .et&bl1.ehme.Qt of a CO~1l.
pool or euppl, of fillll aDd audio Ti.u.aJ. _t.r181 which ,...." be _de
aYailable to tbe public library of ..ch of the cODtractiq &gellci.s on a
participating basia. The purpo81 will tie accomplished aDd the common power
exercised h t.he .aNler hereiDafter ..t forth.
II
':BE COMMISSION. ITS POWERS AND RESTRICTIONS
fo admiD1eter and .~ecute this -sreeDent. th.re is hereby conatituted
an ntH)' ..parate and apart from tbe Inti ties of the parties to tbia
agrle"lIt.
'to b, desi.suated~ "THE S'j1.lTHERN CALIFORNIA LIBRARY FILM CIRCUIT
COMMISSION." herliDafter eOlletiMe referred to as tithe COllllll1.l5l11on. II
The Collllllia83.ol1 -'Y take. acquire. purch&ae. 11.... bold. O"'D. Ixchange,
..11. con"ey. release and maintdD auch fll. and other audJ.o yisual lIedia
as mal be deemed to be '1D the mutual tntere.t of tbe partie. hereto. ~e
Colllllbsioll .hall pr..cribe 1"1Il.... reg1.l1atiod aDd etaDdaTas. Wider aDd b;r
Tirtue of which the library faci11til. of the seTeral contracting Inti ties
_Y paTticipate in the un of aJ.l such I18terial. l'he CoJllllillsion .hUl bave
th. power ~Q &ppo~nt or emplQJ such orficers. agents and professional
serTiees as -.y. from t1me to time. appear reasonable and necessary in the
exercise of 1 h powers UDder this agreement ud ..h." do all otller acta
nec.saar, for tbe .xerc~ae of tbe expressed common power ~d for tbe purpol5e
specifud in Paragraph I hereOf. aubjllct oll1y to .~ch l1lDi tatioAS and re-
slrietioDa a5 118y be set forth herein.
In
COHt-:ISSION ME:HBERS
Dke melllberahi.p of tile Co-...iQU ....." .t &11 tillles b. equal. to the
Dumber of cODtrae~& entiti.. beCO~D! &Il.d rlma1~DC a. a party bereto.
Within 60 ~II after the execution of thi. Asree_nt, the 10Ter~ing body of
..cb CODtracting public agene, shall appoint ODe .ember who sball be it.
representati.. on the Commission. Tbe sember .ball ..rve and be subject
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to relllOval -.Jld r~pl.cement .t tbe pleasure of the coatractinl pub11c aseuc:r
appoiDting lu.1II aIld OD redgu.ation, remoyal or hcapac1t:r of &ZJ1 ....bu. the
contract.ing public aaeacy that appoillted each ....bn r"'." vithin 60 4&7-
appoint a replacement. Each CommieeioD IlembeT shall file witb tbe Commi.SiOD
a certified copy of the Resolution of the contracting public -sencr which
appointed him. 'the Colllllliesion sha11 elect Due of i te embers President
and he shall preside at the meetiags. rbe term of President ahAll be 1 7ear
aDd . President .., Dot .ucceed himself to a auccessiye ter=.
IV
COMMISSION ~UNGS
Tbe CollllDissioZl. aha1l fu the t1.Jte and place for 1b lbeetina;e and
sbilJ.l hold at least oae &nDual Reting. SpeC1aJ. lIleetinge IlII.1 be ea1lec.l. from
ti.. to time by the FTesident. or UpoD written request therefor by at least
oa.-third of the lllembers. A special meeting 1MY be called by the President,
or upon writhn demr.nli by Ol1e-tb1rd of the IIlembers of the Commission. by
deliyering perso~Al1y Dr by mail writteu Dotice to each Commis.ion lIIember.
Such Dotice ~ust be 4elivered personally or aa11ed at leaet forty-eight
(48) hoyrs before the tille of such meetiuo' The call and notice .ball
specify the time and place of the meeting and the business to be transacted.
~UBiness tither tbarl ... specified in aaid Dtltice may be considered at s\lcb
apec1a1 lIleetiDg oaly upon conseat of a quorum of those Iltulbera preseDt.
All meetings of t~e Commission shall be open to the public. ~he
Comm1es10n shall cause its Secretary to keep full &Dd co~lete minutes of
all lDeetings which shall be publ1c documents aDd a.,.1J.able for inspection
at the office of the Secretary at all time8.
Each member shall rece!we auch co~ensat1oD for this a.~ice a. .hA"
be aetermined and paid by the e~ntr.cting ageucy appointing hi..
No busin... ., b, trans.cted without the quorUIII of the IIlImbera of the
CoaDia.ion belDg present. }. quorlUll shall c01l5ist of tbree-fourtha or IIlQre
of tbe members, and . yot. of a Ilajority of tbe Co_asioDers preseDt .l:utJ.l
be required to transact business. The Co~.a1on shall adopt appropr1ate
ruJ.es. DOt iDconaiste:t her.~th, for the orderl, transaction of its
bud.neas.
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COIW,ts:; 1:111 &1 :FlCYE;r.s
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--'Ploy &Dd engage .\lcl! otbeJ< peraone .. MY be aeemed D.ceasary 1Jl carT)'irag
out tbe purposes of tbis ~e...at. The Secretary &Dd other pereeae
aDpsed ......n recei... auch compeDaatioD .. -1 b. n.:lted. by tbe Colllllli"aioll.
1'he 1Teaaurer of tile Cemmisd.oa .ball b. tile per.eD who .hlUl, from ti_
to tlll1l1. b. actbs as the 'l'reuurer of tbe Cl t,. of oa. of tbe contrai;:ting
..mber., lleaiplAted by 1.he Colllllli..i= from t.1me 1.0 t1_. E:lti;:ept i'or t.be
he_urn. DODe of the officerll or other employeea mentioned 1D tl11a
paragraph .~." ~e 4'$_4. II, 1"'''011 of tbeir ellljl1o;r..eat b1 ~e Colllllliasion,
to b. elllploye4 by ~ of the cepb-ai;:tial publlc qeDeie.. NODe of the
officers or elllpl01.ee meDt10lled 1.n tbi. paragraph IIIq b. members of tbe
Cozamisuon.
VI
FILM AND AUDIO VIStlAL SUPPLY
Tbe film and audio vbl1al ...terUl ubject to the juri.diction and
control of tbe Commission shall be held, used. replaced at .11ch place Dr
placell ... IDa)' frolll ti.me t;o time be 4.aisn-ted b, tbe CollllllilllSion. Parti-
cipatioD ill the U5e of all such IIIlterie,J. by ageDciee of the contracting
parties .ha1l be ~ accordance with tbe rules and r.gulat1o~ prescribed
bJ the Colllllli15sion. Tbe Secretary .hall bill all aucb ~ticipaDtll, &Dd
all receipt. ahall ~e promptly turae5 oyer to the Treasurer for deposit
\.0 a apecLu accOlmt ",):dcb shall be ll&i.tr.teined ... t.be Co1llllliaaioD'. ACCDunt.
Dur1Dg the first lear of ita operation. .ach of the contracting agencies
a.grees to p,y to or ca.llse to be paid through one of its agencies tbe .1UIl
of 1500.00 wbicb shall constitute the operating fund of the Commias10n to
be uaeli for the purposes hereill .et forth. Tbe Colllllliaaion &ball determine
at U. &m1ual ...ting \che UIOlIDt of funds required for 1t.a operation
during the lear, &ad shall prepaTe a budget 11:1 accorclance with .uch
determination. fte Collllll1.aion sball not expend OJ' obliglllte itself for ~
.WIl or aUIIS ill excess of it.. operating budget for aa,.. ~iYeD fieca1 1.ar,
or the t.otal of the abllrea subscribed by ita participating _Illbera in UJ1
,i.lo fiacal ;rlar. 1D order to retain its quallficat10n for ..mbersbip
on ~be Co-.i..ion and to recei.e the benefit. of participatioD in said
filII lUld au4io naual IIBterial, C!ach contracting party shall contribute
it. pro ..ata ahare of .aid funda.
VII
TERHINATION
Tbie &&ree~ent shall remain in force and effect until such time as a
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majority of tbe ~mber5 oJ tbe Co~..ion aba11 agree upon the term4naticn
theretlf. Uy con trac tinS pulllic qellcl aball have tbe rilh t to ter","'" te
it. _.berahip _4 witbclraw frolll tbe CollaiaBJ.OD at -'1 time, prorid.ed.
bowever, that al1ch cODtracting pl1blic agencl ahaJJ. DOt be entitled to any
refund as to tund. theretofore paid. into tb, Commi..ion Fund a. herein
provided. 'th. city withdrawing shall han DO further obligations or
liability WIder thi_ ar;re..el1t. XD the eyent tbb asreemeDt shall termill-
at. bl election of tbe ..jor!tl of ...b,r. of the Commi..ion all properti..
tllen owea by the Coaa1aaion a~ be ao1.1I and the receipt. tbuetroll
llIpoaite4 in the Colllll1..1on'. ACCOWlt. !!'he aoco=t shall theD b. divided
equally amang each contracting public .,.ncl haYing a member on tbe
Commieeion.
VIII
'REPORTS
The Secretary sha1.1 prepare or cause to b. preparell an &lUIual report
which sball iDclude . certified .udit of all rec;eipb and disbursement.
from the preri.ous ,.ear, together with an iDnntor;y of all lIIllterb.l owned
by the Commis.ion. A copy of thi. report shall be dellyered to each of
the contracting public agencies having . member on the Co~asiop. The
Secretary ahal1 fur~8h such other reports _d date as may, trom tillle to
time, be reql1ested ~ the Co~aBion. The Comm1asion shLll keep proper
books and accounts in 'olhleh correct entries o! a11 tra.nsactiou,& shLl1 be
~de. The books and accounts, shall, upon written request. be subject to
inspection by eAy duly authorized repreaentatiYe of each ot tbe contract-
ing public agencies.
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ME'rB01) FOR lEi ~m.lC ,lGEn;n:s '1'0 -'0114 THE COM1USSION
Azq public agency which has a common power. .. set forth in Paragraph
I 01' this agreemeDt, ma1 joiD tbe COaadSS10D bI executing t~a Agree~ent
aDd agrellliDg to abide b: t.he terms thereo!, prondel!, the colllllliuioD
crea~ed bare_der b,. a tOle-third. (2/') "ote thereof' consent. to the ne...
public .genc)' joiniDE the Collllllisuon. 'tbe Commi&sion sball prucribe tile
&mOUDt of .~ney that shLll be deposited by the DeW pl1blic agency jOi~DS
the Commiss~on as a prerequisite to its becoming. member.
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IN -ITNESS tHEREOF, tbe public asaDcie. bave caused the4r name. to be
affixed hereto bl the proper officers thereof aa vi11 appear b: Re.olutl0D
ot the lep.slatin bod,. of .ach c1t7. 'l'his acr....nt aiped _d executed
this /7tida;r of s:J.ruf;y Itfr:V,
C/ 0
APPROVED AS TO FORM this /7 A
~ of Q. C'''tA'-y ...- , 1962
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'lHE CITY OF ARCADIA
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Pr..ldent'of the Library Board
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- IN WITNESS WHEREOF, the public agency has caused its
name
to be affixed hereto by the proper officers thereof as will
appear by resolution of the leqislative body of the city of Santa
Monica. This Agreement is signed and executed this ____ day of
, 19
CITY OF SANTA MONICA,
a municipal corporation
By
JOHN JALILI
city Manager
APPROVED AS TO FORM:
~~.~
ROBERT M. MYERS
City Attorney
Imcd208/hpca