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S-225 - 05/25/1971 - LIBRARY - Ordinances JSTmk 22371 REFER—FOAMS 1 i�6 xw+ AJ- 0 Le$RAR',Y , � � �° CvMMiSS�oN ORDINANCE NO. AN ORDINANCE CREATING THE "OAK BROOK FREE PUBLIC LIBRARY Whereas, it is the desire of the corporate authorities of the Village of Oak Brook to assume certain responsibilities in connec- tion with the library located in the Village Hall of the Village of Oak Brook, Illinois; and Whereas, a certain agreement has been entered into by and be- tween the Oak Brook Library Association and the Village of Oak Brook to assume said responsibilities; and Whereas, said Oak Brook Library Association agrees to transfer unto the Village of Oak Brook certain assets , NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, DuPage County, Illinois, that: Section 1. There is hereby created, pursuant to Chapter 81 , Sections 16 c) , et seq, of the Illinois Revised Statutes, 1969 , the "OAK BROOK FREE PUBLIC LIBRARY" . Section 2. The "Oak Brook Free Public Library" shall be administered by three 3) commissioners as authorized by statute, said commissioners to consist of: Erwin B. Bahnsen (three years) Bonnie Carl (two years) Russell Fayles (one year) to serve from the time of their qualification for a three (3) year period expiring May 1, 1974 unless sooner removed by the corporate authorities of the Village of Oak Brook; said commissioners to serve at no salary. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. PASSED and APPROVED this 25th day of May , 1971, by the President and Board of Trustees of the Village of Oak Brook, DuPage County, Illinois. APPROVED: President ATTEST: Village Cl rk AYES: NAYS: _ ABSENT: TJBMK2107122371 W +4% A 'G 'RE E' ME' N T THIS AGREEMENT entered into this 25th day of May ' , 1971, by and between the OAK BROOK LIBRARY ASSOCIATION, a not-for- profit corporation incorporated under the laws of the State of Illinois (hereinafter referred to as the association) , and the VILLAGE OF OAK BROOK, a municipal corporation organized under the laws of the State of Illinois (hereinafter referred to as the vil- lage) ; W I T N E S S E T H: WHEREAS, the association is owner of certain assets herein- after described and by resolution unanimously adopted by its Board of Directors is desirous of transferring all its right, title and interest in and to these assets to the village; and WHEREAS, the village by ordinance will adopt in the manner pre- scribed by law a Free Public Library and is desirous of obtaining certain assets, hereinafter described, for the necessary operation of said Free Public Library; and WHEREAS, all the assets heretofore mentioned are situated within the premises presently located at 1200 oak Brook Road, Oak Brook, Illinois, in a room designated as the OAK BROOK LIBRARY and consist of, but are not limited to, the following as they presently exist within the premises heretofore described and are hereinafter referred to as the assets: 1. Books , magazines, periodicals and similar items usually regarded as library books; 2. Shelves, stands, tables and other furniture used in the storage and presentation of library books; 3. Index cards and catalogs and their containers; ! 1 4. Desks, chairs and tables used in the management of the library; 5. Two (2) Typewriters; 6. Miscellaneous office supplies; and -2- WHEREAS, the village will undertake the complete operation and funding of. the Library as designated by ordinance for a period of at least three (3) years; and WHEREAS, the association desires to cease .its operation of the library as it now exists and all its expenses incurred therein and wishes to continue in a purely advisory capacity to the village in the operation of the library; however, should the. village cease operation of the Free Public Library within three (3) years , as here- inafter set forth, the association desires that the assets existing at such time revert to the association. NOW, THEREFORE, 1. In consideration of the payment of TEN AND N01100 DOLLARS ($10.00) , the receipt and sufficiency of which is hereby acknow- ledged, together with all covenants and agreements contained herein, the association agrees to and does hereby transfer to the village all its right, title and interest in and to the assets as hereto- fore described to the village. 2. The village agrees to operate the Free Public Library in a manner to conform with the rules of such library as adopted, for a period of at least three (3) years. In the event the village should cease operation of the library within three (3) years, then, and in that event,. the village agrees to transfer all its right, title and interest to the assets of the Free Public Library, as they then exist, to the association. The village agrees that it shall be deemed to have ceased operation of the Free Public Library should it: (a) Not provide adequate space in which the library can operate in the event the space already pro- vided becomes unavailable. to the library; (b) Not provide adequate funds to the Library to maintain operation within the rules of said library; (c) By ordinance, duly adopted, cease operation of the library. However, the parties hereto agree. that should the village or its duly qualified residents establish a library, other than a **awl -3- Free Public Library as set forth in Chapter 81, Illinois Revised Statutes, 1969 , during the existence of this agreement, then, and in that event,- the village will not be deemed to have ceased operation and the assets of said Free Public Library shall not revert to the association. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the date first above written at the Village of Oak Brook, DuPage County, Illinois . OAK BROOK LIBRARY ASSOCIATION VILLAGE OF OAK BROOK, ILLINOIS �* B - Y: By . President President ATTEST: ATTEST: 4L Secretar Village Cle k