~.~ COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Dave Nicholson
MEETING DATE: September 12, 2005
OFFICE: Commissioner, Pct. 4
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on the Library
Contract with the City of Kerrville.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 4
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the CounTy Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Cour[.
LIBRARY CONTRACT
THIS CONTRACT by and between the City of Kerrville, Texas ("City") and County of
Kerr, State of Texas ("County").
WHEREAS, City owns and administers the Butt-Holdsworth Memorial Library
("Library"); and
WHEREAS, the Library provides services to all Ken- County residents including those
who reside within the City;
NOW THEREFORE, for and in consideration of the premises and the mutual benefits,
covenants, promises and Contracts hereinafter set forth, City and County agree:
1. City assumes the function of a County free library system in accordance with
V.T.C.A., Local Government Code, 323.011.
2. Ownership, control and management of the Library and its resources and equipment
shall be vested in and remain the sole responsibility of the City.
3. The librarian of the Library shall hold or secure a county librarian's certificate from
the Texas State Library and Archives Commission.
4. A Library Advisory Board shall be created to provide oversight of Library operations.
The composition of the Board shall be as follows:
a. One (I) Board Member shall a member of the City Council for the City of
Kerrville;
b. One (1) Board Member shall be a member of the Kerr County Commissioners
Court;
c. Two (2) Boazd Members shall be residents of Kerr County and shall be
appointed by the Commissioners Court;
d. Three (3) Board Members shall be residents of the City and shall be appointed
by the City Council.
5. Boazd Members shall be appointed for a term of three (3) years on a staggered basis
so that the terms of two Board Members shall terminate in each of years one (1) and
two (2) of a three-year cycle, and the term of the three remaining Board Members
shall terminate in year three (3). No Board Member shall serve more than two
consecutive three-year terms.
6. When a vacancy occurs by means other than the expiration of the term of a Board
Member, the entity who originally appointed the Board Member shall appoint a
person or persons to be appointed to fill the vacancy and such person shall be made
a Board Member.
7. The duties and responsibilities of such Board shall be as provided for in the "Library
Bylaws" attached hereto as Exhibit A and made a part hereof by reference, and as
such bylaws may be amended from time to time by agreement of the Board, with
approval by the City Council and the Commissioners Court.
8. On or before July 30 of each year, beginning July 30, 2006, the Library Board shall
present a proposed operational expense budget for the next fiscal year to the Kerr
County Commissioners Court and the Kerrville City Council. The operational
expense budget shall include a forecast of fines and fees to be collected by the
Library. Neither capital expenses for the Library nor operating or capital expenses
for the History Center facilities shall be included in the budget.
9. The Parties agree that the proposed operational expenses for the upcoming fiscal
year shall be evenly divided between the parties, and that this shall determine the
amount that each party shall budget for the year. The County's approved budgeted
amount shall be paid by the Kerr County Commissioners Court into the City's
Library Fund in twelve (12) equal monthly installments on or before the 15th day of
each month during the term of the Contract.
10. In the event that either party fails to approve the proposed Library budget for any
given fiscal year prior to the first day of that fiscal year (October 1), then the parties
agree that the budget for the previous fiscal year just completed shall be deemed
approved and shall become the Library budget for the current fiscal year. This
failure to agree before October 1 of any given fiscal year shall constitute notice of
the parties' intent to terminate the joint operation of the library pursuant to
paragraph 12, below.
11. This Contract shall remain in full force and effect for a period of one (1) year
beginning October 1, 2005. It shall continue automatically for each successive year
unless either party gives notice in writing by July 15`, of any year, that they want to
terminate the Contract at the end of the then current year. In no event, however,
shall this Contract be renewed for more than five (5) successive years without being
reviewed or renegotiated, nor shall the scope of services or budget be changed
during any fiscal year unless mutually agreed to in writing between the parties.
12. Either party may terminate said Contract during any fiscal year by giving to the
other party six (6) months notice; however, under such circumstances, the
terminating party shall continue to be financially responsible for payment of the
remainder of the budgeted payments for the rest of that fiscal year.
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APPROVED AND ADOPTED by the City Council for the City of Kerrville on the _
day of , 2005, and by the Commissioners Court of Kerr County, State of Texas, on the
day of , 2005.
ATTEST:
Jannett Pieper, County Clerk
APPROVED AS TO FORM:
Rex Emerson, County Attorney
ATTEST:
Brenda G. Craig, City Clerk
APPROVED AS TO FORM:
Michael C. Hayes, City Attorney
HLLegalLLibrary\ConvradsLLibrery Conttact revised) 090fi0Sdoc
KERR COUNTY:
Pat Tinley, County Judge
CITY OF KERRVILLE:
Eugene C. Smith, Mayor
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SYLAWS
OF
THE AaViSORY SOARa OF THE
BUTT-HOLBSWORTH IYiEMORIAL LtBItARY
ARTICZEI -AUTHOR77YAND NAME
Section 1. The Library Advisory Board (hereinafter referred to as the "Board")
was created, established and named by ordinances duly passed by the City Council
of the City of Kerrville, Texas ("City"). The Board functions under and in
accordance with the ordinances in effect duly passed by the City Council of the
City of Kerrville.
Section 2. The Board is established, and functions, with respect to, and in support
of, The Butt-Holdsworth Memorial Library (hereinafter referred to as the
"Library"). The Library was generously donated to the City of Kerrville by the
H. E. Butt family and is jointly operated by the City and Kerr County ("County")
by written contract between the two entities.
AR77CLEII PI1Rl'OSES; DIII7PS
Section 1. The Board is and shall constitute an advisory board to the joint library
operations of the City Council and the Commissioners Court of Kerr County, with
authority to hold hearings and to consider and make recommendations to the
Council and the Commissioners Court in writing, from tune to time, pertaining to
the library system.
Section 2. The Board shall perform the following duties: (1) initiate and support
policies, programs, and planning for the advancement of the Library; (2)
communicate the needs of the citizens of the City of Kerrville and the County of
Kerr, Texas, to the Director of the Library and the Library staff; (3) inform the
public about Library services available to them; (4) evaluate progress of specific
Library activities; (5) develop and submit to the City Council and Commissioners
Court a proposed annual Budget for the Library, based on information provided to
the Board by the Library's Director; and (6) provide input to City Manager during
the selection process for a Director of the Library.
ARTICLEIII - HONORARYLIFEMF.MBERS
The Board may recommend to the City Council that persons who have provided
long and valuable service and support to the Library be appointed by the City
Council and of the Commissioners Court, as Life Members of the "Honorary
Library Advisory Panel," which group shall meet as requested by the Board and
shall provide such advice and assistance to the Board from time to time as agreed
upon between the Board and the Advisory Panel, but in no event will this Panel
have duties or obligations that exceed the powers delegated to the Library
Advisory Board.
.9R7TCLEN-REGUI.ARANDS~'ECIALMEETINGS ABSENCES
Section 1. The regulaz meetings of the Boazd shall be held monthly as determined
by the Board. The Board may hold special meetings at such other times as needed,
in the opinion of the Board or Library Director. Every such regular or special
meeting shall be subject to the provisions of the Texas Open Meetings Act, TExns
GOVERNMENT COVE Chapter 551.
Section 2. The annual organizational meeting of the Board shall be held
concurrently with the regular meeting in November of each year.
Section 3. Board Members aze expected to be punctual at all meetings. The Board
membership of any Member who has three (3) consecutive unexcused absences
shall have his membership reviewed by the Board. By majority vote, the Board
may recommend to the City Council that such member be removed from office
with the concurrence of the Kerr County Commissioners Court.
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ARTICLE V-OFFICERS
Section 1. At the annual organizational meeting, the Board shall elect one of its
members as Chairperson and one of its members as Vice-Chairperson. The
Director of the Library shall be the Secretary.
Section 2. It shall be the duty of the Chairperson (or Vice-Chairperson in the
absence of the Chairperson) to preside at all meetings of the Board. The Secretary
shall keep a record of all of the proceedings of the Board, which record shall, upon
the request of the City Council and/or the Commissioners Court, be delivered to
them for their inspection and review.
ARTICLE PI QUORUM,' MAIORITY
Section I. A majority of the total membership of the Boazd shall constitute a
Quorum.
Section 2. All recommendations made by the Board to the City Council and the
Commissioners Court and all actions taken by the Boazd shall be by concurring
vote of a majority of the members present and voting.
The above and foregoing Bylaws for tl-e Library Advisory Board were duly
adopted at the regulaz meeting of the Boazd held on the day of in
the year 2005.
Antonio Martinez
Director and Secretary
H:\LegeRLibmrylp~opme{bylaws (old &. memo from bbrerisn\By7aws-revisN 090605 doc
Randy Johnson
Chairperson
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