t'~ l ~ COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Dave Nicholson MEETING DATE: Mazch 13, 2006 OFFICE: Commissioner, Pct. 4 TIME PREFERRED: 10:30 SUBJECT: Consider and approve the Bylaws of the Advisory Boazd of the Butt- Holdsworth Memorial Library and consider and take action of a recommendation by the Board that the 205-2006 Agreement between Ken County and Kerrville be amended. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 4/John David Lipscomb/Antonio Martinez 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: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 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 your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 6`" March 2006 County Judge and Commissioners Enclosed aze two documents for your reference in connection with the discussion of the Bylaws of the Advisory Boazd of the Butt-Holdsworth Memorial Library -The Bylaws and the "Library Agreement between the County and the City. Please take note of the next to the last sentence of Article II, Section 2: "Shared operational expenses exclude any capital expense in excess of $5000 with the exception of expenses for the purchase of librazy materials and any other projects City and County may individually negotiate". This is different than the Agreement between the County and the City in that it excludes all "capital improvement expenses". It also clarifies that the purchase of books and other educational materials are not considered capital expenses for the purposes of the agreement. Dave Nicholson BYLAWS OF THE ADVISORY SOARD OF THE SVTT-HOLDSWORTH MEMORIAL LIBRARY ART7CLE'I-AUTHORITYANDN,9ME 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 Boazd functions under and in accordance with the ordinances in effect duly passed by the City Council of the City of Kerrville. Section 2. The Boazd is established, and functions with oversight, 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 Ken• County ("County") by written contract between the two entities. AR77CLEII-PURP(JISES,• DUl7ES "~ Section 1. The Boazd is and shall constitute an advisory Boazd to the joint library operations of the City Council and the Commissioner's Court of Ken County, with authority to hold hearings and to consider and make recommendations to the Council and the Commissioners Court in writing, from time 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 Duector 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) provide input to City Manager during the selection process for a Director of the Library; and (6) develop and submit to the City Council and Commissioners Court a proposed annual Budget for the Library, based on information provided 1o the Board by the Library's Director. On or before June 30 of each year, the Board shall present a proposed operational expense budget for the next frscal year to the Commissioners C'OUrI and Council, including a forecast of fines and fees to be collected by the Library. Neither capital improvement expenses for the Library nor operating or capital improvement expenses for the History Center or any other ancillary facilities shall be included in the proposed operational expense budget Library operational expenses include the costs associated with the ongoing management and service activities. These are the costs involved in maintaining the Library's assets and services. These costs include management, building and equipment maintenance, salaries and benefits, insurance, books, audio/visual materials, periodicals, contingencies, supplies, postage, computer replacement and utilities. Shared operational expenses exclude any capital expense in excess of $5000 with the exception of expenses for the purchase of library materials and any other projects City and County may p.. individually negotiate. Prior statements do not preclude City from proposing and implementing capital projects funded solely by the City t1R77CLEIlI HONORARYI,Il%EMF,MBERS The Boazd 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 Boazd and shall provide such advice and assistance to the Board from time to time as agreed upon between the Boazd and the Advisory Panel, but in no event will this Panel have the duties or obligations delegated to the Library Advisory Board. A R 77CL E N- R E G Z /L ~ 1 R A ND S P E CIA L MF,' EING S Section 1. The regular meetings of the Boazd shall be held monthly as determined by the Board. The Boazd may hold special meetings at such other times as needed, in the opinion of the Chairperson or majority of the Board. Every such regular or special meeting shall be subject to the provisions ofthe Texas Open Meetings Act, TEXAS GOVERNMENT CODE Chapter 551. Section 2. The annual organizational meeting of the Boazd shall be held concurrently with the regulaz meeting in November of each year. A R 7 7CL E V- O FFI C E R S A ND COMMI T TE E S Section 1. At the annual organizational meeting, the Boazd 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. The term of office for the Chairperson and Vice-Chairperson shall be for one year or until their successors have been duly elected They shall begin serving on January 1 of the following year. Officers shall be eligible to serve for hvo terms in succession. Section 2. The Chairperson shall be the presiding officer. It shall be the duty of the Chairperson to preside at all Meetings of the Board. The Chairperson shall assign duties to board officers consistent with the needs of the organization and the wishes and to/eats of the incumbents. In the event of his disability or other incapacity the Vice-Chairperson shall assume the duties of the Chairperson, and the Board shall elect a new Vice-Chairperson. 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 Commissioner's Court, be delivered to them for their inspection and review. Section 3. The Board shall be composed of one member of the Kerrville City Council, one member of the Kerr County Commissioners Court and five at-large members. Two at-large -- members shall be appointed by Council, two at-large members shall be appointed by the Commissioners Court and one at-large member shall be a member of the "Friends of the Butt- Holdsworth Memorial Library" and shall be appointed by that group. Section 4. All appointments to the Board shall be for three year terms with no Board member serving more than two consecutive three year terms, with the exception of the initial at-large appointments assigned on a staggered basis by the Kerrville City Council and Kerr County Commissioners Court. Section 5. The Board Chairperson shall have the authority to appoint ad hoc committees or other subdivisions of the Board and to assign other Board members temporary assignments consistent with the purposes of the organization. Section 6 Board Members are expected to be punctual at all meetings. Any Member who has three (3) consecutive unexcused absences shat/ have his membership reviewed 6y the Board By majority vote, the Board may recommend to the Kerrville City Council that such member be removed from office with the concurrence of the Kerr County Commissioners Court The political entity that originally made the appointment shall fill the vacancy for the remainder of the unexpired terms AR77CLEV!-QUORIJM,~ MA.IORIlY Section 1. A majority of the total membership of the Board shall constitute a Quorum. Section 2. All recommendations made by the Boazd to the City Council and the Commissioners Court and all actions taken by the Board shall be by concurring vote of a majority of the members present and voting. ARTICLE VII-AMENDMENTS AND REVISIONS The Bylaws of the Library Advisory Board may be amended or revised at any called meeting of the Library Advisory Board by atwo-thirds vote of the members present and voting provided the members are notified regarding the proposed amendments or revisions at least two weeks before said meeting. Any proposed amendments or revisions to these Bylaws are subject to approval of both the Kerrville City Council and the Kerr County Commissioners Court. [Proposed Revision Document approved by the Library Advisory Board for City of Kerrville Council and Kerr County Commissioners' consideration on February 27, 2006.) C'1 I Y OF KERRVILLE, "T'E?CAS UKUINANCE N0, 2005. 19 AN ORDINANCE: A!~',LNDWG CHA}'TIR 46, "L[i31ZARY," OF i'FiE CODE OF V'~.'.~i'~A~;CES OF THE CI"f l' OF KEI2RV[L1.E, TEXAS, BY A:~.1=~:)I~~~ ARTICLEc I. CONCEiZ~(NG THE CRC.ATION, PO''~ city ~!~D AU"I'HURII'Y OF 'hf-iE LIBRARY AD\'ISORY' BGAi~: ~: created purst,ani w ate in+crlocal agrecmenl between the City ,u~..l County, Said Bt, ~r~ ~,~,~ ~rcuted to pruvnic o~.crs,gh~~ of Library operaUOns, Sec. 66-33. Duties and responsibilities of the Board, The d~ntes and responsib~,l ties of ~.'ne Board shall be ns provided for with+n the intcrlocal a~; I'CC+11Qn1 ;InU b1~aN'S. 7..: ~ l.lle$ and re SpOnS', ~?1; i':eS !nC',+de pre SCRlln$ a pC0~~0 SCC+• opcra~.,.,+tal expense 'ou~J~ ~• ~;-,~ r,r:h fis,al year ~r~~,~.:ld any conflict arse between the b~la~~> t~.nd the uuerlocaf .~.,~ceme+~~t, the agreemen+ shall control. Sec. 6G-34. Composition and appointment; officers, compensation; meetings, (a) Con+posu+or+ The i3 pan si ,ill be composed ~:f , ne i I; member of Council, one (! j m~~~mber of she Comp, ~~ss~ ~ +cn Coua and slue i;) ai-Large members. Two (2) ac-lame r~e~nb~::s shall be ap,::~~.~,^~.S t,, Cot:ncil, t~~o i?; r.~~!arge members shall be appoin~c ˘s as pruvi~Jcd f_~r u~ th~: +nterVocai agreement. L~ilial .~•,:poictmenis made C~~.:~r_ ' io the Board sr,a~ll oe ar a staggered basis, Therea~-~,cr, a I apponuments to "'c 3- er,l ,hall be for ihrc~~ (:; ycn+ terms wills no Board member -~ s.rvin; more than l~ : ~,~; ~er,secuuve three ~~ ; _ar temps, 2 Il l~ ~c) ~ ucaiiaes. When a ~ aco,n.y occurs by means other than the expiration of the term of a doar.i member upp ~:n~_~,l by Council, the C ouncil shrill appoint a person Io lill ibe ~'acancv fur the ran ,iinr~,ci of she unexpirc~l term, (d) Officers. The 8oar~.i shn;l have officers us prop i~led for in the bylaws, (e) Compeiisarton. Ser•, ;ae on the Board is without compensation, (() adeer~ngs, The Bo~.r~l ~h:+II meet on dales ;rn~l limes ns agreed upon by tha Bot+rd mem'oers, which sc~~eJr~~'c m:~.y be chan~etl Gom ~.ime ~o lima, All such mceungs of~~he 3oani shall be hehi ~,n a..vr.:~ance with tlrc ~I eT~ii Open MceUngs Act." SECTION THREE Th: prer~s,ons of this Grdinance are io be cumulative of all other ordinances or ~rarts of ordurance= _u~,ernii~.b or reS~lat,ng the some su'o~ect matter as drat covered herein; pro~~~,~.`cd, ho~~~e~er, lha~ ~!', ;~ r,r ~~~rdin~~uucs ur p.~,ns ~rfonlinances inconsistent wuh or ~,n Conflict ~~ uh ;ury of the proviso' s ., ~~ ibis Urdnrance t~.:~e h:rc~. ~ er.nressly repealed to the exieni of any such uuu~~srstenu~~ ur conili~, ~~.~.. ~, ,.~ ~.fmances ~~ n~,~t~, ,ur e,hrrssly repculed mcluue 0r~!ui,u,cc Nos. G7~17, SU-5, S;-Ul and S7~vu SECTION' FOUR if am ,rct un, subsection, scnle~~ce, clause, or phrase ofthis Ordinance is, "' for any reason, held to be uncons ~. i, ~ .~.'. ~r u~t ah~l, such'wl.ling sl;,;I! not uhl'ect the ~ulidit~ of she remarnmg por.ions of this Orlin ~,o-:c tl~~: Council of the ~ ~~i . of h'.err~ ille, Texus hereby declares that it woulri nave passed this U' ~ure~, .e ,tn,d each sec:~oi , s~~,bse.~.w~~t, sentence, clause, or phr,~se hereof irrespecuve of the iac~ th,.~, un~~ ur r.rore secuons, suuse~.uo~r, sentences, clauses, or phrases be decV~ared u»~comutuuonai or in~, al~~ i PASSED AND APPROVED ON FIRST READING, phis the day of1~2~ 2005, PASSr:D .-AND APPRO~ ED ON' SECOND AND FL'~'AL Ri:AD1TIG, this theme,,- day of ~i~ gyn. i~},~i1 , 2{}OS. Eu ~e C. Sr~r, M~ .._ ATTEST: ~ ~ Bre do '+C Ziff C its Cle~ .~ i, ~ APPROVED A TO FORM: / /~~ / ,,~~,, , v~1ic},;iel C, H~d'yes, qty torney ~.u.nNL~e,»•o~e~~~v,~ ,own e~_ iw ios ax 3 t ', ,, Lfi~RARY AGREL=MFN'? fIiIS AGRGG~4Ei~'"I' b) :~~ul ~.rct~~~,cn the City o!' Kerrville, i exas ~"City") and County of Kerr, State iii !'e~us (.County") W1-11~RF.AS, City owns nn~r adnunisters the Gt~,u-holdsworth Ivfemorial 1,Ibrary ("Library„) and ~V`I~1LR)rAS, the Librarl pru~, iae~s services to all kerr County residents including those who reside w~thui the City, NU~~' ~1'HLR1FOItE, (b~~ unq in consideration of t'nr {xem,ses and the mutual benefits, covenants, and prvnuses here:nai~~~n set forth, City and Coant~ agree t.nv ,usumes the ~.~~nc~.on ~~f a Counn Cr~c '~brary system in accot~dance w;tn r,',T,C A., Local Guy crnn~u•nt Code, §323 01 I "' V,~nenhip, conuol .~~~~,~I m:~nd~~ement of tite l_~~'er,:rv tr~.ul us resources and e~uipm~ni ~'.:il be ~~rsicd ut ar,.', ~~ri,~~~,~~n ~~.'ne sole respvnsiu:lity ui tV:e City, ~ "l ~,tc librarian of'thc I_~~or,,r~ sr.r:il hold or secure ~~~ ~~u~.ut~y I:brarian's cerufioate 1'r~m th~: Texes Stata Libr;u, a~,iJ Archives Con;mirs~,v~.~. 4 A L~,bran~ Ad~~isory l3_~:r:t~ i [3~~ard"} shall be ~_rer~.~a1 io ;~~ruvide o~~ersight of L,bra+~~~ opernuvns, The comp~~sii~.un ul"the Board shall be as iollo4vs. a One (1) Doi~ tl~~e Kerr County Commissi,ners Court, c Trtio (2) Boar. ,".1,mbers shall be residen~s of Ken County and shall be appoin~,ed b~ il~,: • t _eu~;~ssioners Co~.irt, d 1 ~~o (2) Bona' '•I~:~,n7ci> shall be residc~ni> ~f tl~~c City and shall be appo:ntc~.~. o~ the City Cr.:~ ,.~ e Une (1) l3uui~! ',!~:~~~:urr~ shuil be a m~ir,r:r of tr,e "Friends of the Libiarv ' ,ind shall be ah~,: .,n ~,a b;. that group 5, [3cnrd ."aembers sh:+Il cr .~ppeuved for a term o;' Urrce ~>) years on a staggered bash su that ih~: iernu ui ~ " ~ _ ~ !i_.u~d ~~temburs s'ui!I :~.~rniin~ur in e~ich of years one ~, i. i .in.' i~~~., ~=1 ~i ;~ t!~~. ..., ,Ic, and tic te,.~~i~, -.,I i:',~, uu~ee I,3) remaining ls~.,tir.~, r'~::nbr.> ih,:ll trnt~,~, .~. ;,~r three (3) V'v L~s. ,ir;4 ;.',~_n~tber shall serve more thti~i l•~u G>il_e~alnC lhrcr~,..i~ lcr~,n> 6 1`.";~,en a ~~acancy occur,, L;. means other than rite expiratiun of the term of a Boar.1 ylembe:. the enni~ ~.~~ ~~ .~ _~~;ully nppounc~.i tV~c fion;d Member shall appoint ~~, ,~or~on ~~r prr,ons ~,.. ,. ,;. ntcd to fill rho .::,,:n,~ for the remainder of tl~~. InOAI)iIC~ lirnl u;i~'1 ,...'i f,. ~, ,~,,, ~ha~~ ~Oe nltiac d ~5 „',(; ~'~, °.:nb2r. J /I /~zSP~drIBT ~6, r'~ ~~~ Fpproved by Ciry Councii '_'~ 8l n; ~,~, ~ ~ ~-C~ n ,oiuma 3.5 Page ~% ~,.: r 7 '{'he dunes ~,+nd resp~;n ,ib~,'.inc, oC such [3van1 sh~t'~.1 he t+~ provided for in the "L.+bn+rv R,la~~~,'~ nitache~! I~,~~rl~~ a~ G~hibif A and n:a~.!c a pa~;~~ hereof by reference, and n, .it b~:;i,,, m.n~ , . :.I train ante w ',ii'• : b) ,i4. u:menl ul the [3vard, ~sit't ,~y~y>ru~ .u is •, the ~,' ..~ r. ~,.'~, ;utd the C.uinnu„wncis !'vurt. Sluxild any c~~n;,r,t o.rue b~n~ecn the Li:~r.u) L'•>lu•4sand this agreement, this Agreement shall conuul 8 On yr bel'ure June ~'~ ~,f r„~_h scar, begin;ung Jui:c 70, 2006, the Library Board sh,~ll present a proposeU ,~>crtv~~un,~ expense budget (~or the next hisca year to the Kel'f C ~~.~~nu C untmissi,~, . C .~~~,rl an,l the kcr„• ~i c C1t, Council. "1'he operauono•1 r•.ncn,r hUll~il ~hn,'~, ut.i~,~~:i: a Kurecust of lui~:s air" !ccs to be collected by Ilic I.ibr,u~ ~dititer c.,!;,i.ii uttprvvement cxpcn;cs fvr Uie Library nor vpcraunb ur ~.,pnai ,r,tp,vvement c,pcnses fot the Viistory Center yr any other nnc111ary facliiucs shall be included m',~~te budget 9 T'~~te P.utres agree t't.~~ t'r. ';o.mry's minutnur, conu~ibttuon for fiscal year 2005-2006 ,I•,ill br iiUV.UVU !.~~~ I ~ i.~,i~.~ic years the purl:c~ .igrcc that a is the intent oCboth the ,. ,.n,i tl•,r Cuunl, i• v,.n~, punicipale m the propwed net operational expenses i. re~,~~,ntnrn~led b~ ;~.. '. iorary Cioard, sub~rct tv nnc! a, approved by both tl•~c ~"u. C'uuncil ~•~nd the C',~^~.m~,- 10. Ir. the dent that eit~tcr Party fails to approve the proposed Library budget fbr any e:~en !lsutl year prn;i '.o '.".e iL~st day of that Ils~,al year (October I), then the Parties agree drat the hu,t_:t I~,~r '11r previous fisca' v•:;tr just ~:c~mpl~tecV shall be deen~:r1 ~.rpr~"ed and slni',! .... '.hc Libiur, bu_~c iur ~J•r: currant Ilscal year f'~t.> 'III IIIY 10 l~rCe bdll!C l;, ~':f t Of an) 'g I'.:~n I:$ca ,Car Shtdl COnSGfUle nGUCC Vf ll'.: ~.lfli.i inletU '- .:!"lt', italC lhf )Ulill Vpe ra11Ur1 ul the 1~I brFiCy pUrSUitnt l0 p:~rugripn I I • belut~ I',,~ meat by the Cvunry hereunder shall be made only out of c,~rrent budgeted re~e:•~.ic; I I. Titis agreement sh,~L' avn. im m full force arrJ eflect for a period of one (1) year bca~ni;ntc Urli,ber I __.. ,', shall cununur ut~~onut'.i~!ill~ for each successive ve;tr ~i,~~r;, ril~~wi ;;;irt, ~.,Il.d tit writing by Jalp l", of ;tny year, that they went w I~,~~ni~,t•u~ the .=~~;c;;~~~.~;i .r the end oCthe then current dear. !n no event, howe~cr, ~b~;tll this ~A5mem~m. br i~newed for more Ih,~,n Ilvc I>~ successive years v,uhr~~.il bcutg rc~ iet~e~i of ;~",:~ ~~~ . ''., nor shall the >~_,~^u ~~r s, ,,'•, ices or budget be ch~,utgrd li ll (II1~ J111 liCli ~•,'. '.~, .,~ Il:tll U•Ili~ (IbI Ce(; lU I '. A'I';!I!lg t)lltb CCn IIIC IJ1l rtll'S, I ~ . Ul'~Il 111 a. In the event of del,,~ct b'. Cny m the performance of its obligations hereunder, ant. Coy Gals to curd suit ~,!,~.~.ill ,within thirty (30~ gays n'ler receipt of wrinen not~~~.~: fiu•tt C uun~,~. Count, ... ._ .,pliun, and wnht,~.•I pr:J~,id;~.. to any other remedy Cuun1.. 2 / ` : ~~ i m~.iy huge I'or Clty'~ hre,~.ch of Chia Agreement, Wray ternunate this Agreement not c~,uher Ihun thu~ty l}U~ J.i;,, iii~~r delivcnn~ wi,;~,c~': nuucc of ternunttUOn to City b In u~r e~~ent Utnt ~ ,i, ~ i,~,~ls to mike the ;n~,nthly payments required hercim!6:r an '. su~.h lailurr n ~~ i ~.~,~:.~ ~ti~uhin thirn (~lu) Jdtyv t~,irer receiving written nonce li~~in City, City, nt it, „h~i„n, tool without pr~:ju~.li~c w ,my other remedy City mn~ h,t~e fur Count~~'s h~~_.ich of this Agreement, nr of the State of '1'c~,as Ver~.ic shall be in Kerr Count, fe~~as, I~ ?v'~~tice~. Notices to C.r,~ piuvit!ed herein shrill be suflicicnt if sent by first class marl, postage prepni~i w City Manager's Ulilrc City of Kerrville aUU Junction iiign~~~,~, Kerrville, Texas 75U?~ and notices to Couni~, il'scni by first class mail, postage prepaid addressed to' County Judge KeiT county Cuunh_ucs :a the parties may desiynale w each other in writing. IV Puclu: liu'ornruiun, ', c , -t_icrment is'sub~ect w thc'I'e,~~5 Public InPormauon Aul, r~,~'PRU~'EiD ~1>\D ADt)i'"i i:D by ate City Council for the City of Kerrville on the day of ~~~R~~t - ~ ?UO>, ;end L) she Commissioners Cou~~t of Kerr County, State of Te•.as on the 15~~day of ~(i~r~1zY~ _ ;,~~> CITY Of KE!tlt~'f1.LE,'fE?:. ace A 1"1'ES"1' ;, ~ulnett Pie?per, Kerr ount Clerk APPROVED AS TO FORM; ~1 rx Emerson, Kerr County Attome~ ~,,, . ~ , \~V. i'7~~ i' i ..': - Dili ,! 4 _~.l ~! ~, , au Revised 10-OS-OS PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT t>i'(' ~~~~ ~,~~,o ~ Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed. If yon are handing out apy material or documents to the Court, please make sure yon have one extra for the Clerk to ensure that oae is put into the record. y !":' Name: '~lc~X"cPf~ _~-J-G~;~t,~`~in,..-, Address: `i-'`d °'~J -~__~ , , ~- ; r ~r2.G'r .-~ Telephone: ~c~-6 °- ~ "'' '"5 Place of Employment: ~ r; l Employment Telephone: Do you represent any particular group or organization? Yes ~''No ^ If you represent a group or organization, please state the name, address and telephone number of such group or organization. .~'' f , , ~ _~ Jkunl ~9~ T`~aF. 1`1~1~-- ~>'-~~-jLi.~la,~TJd -t~~~Y Which agenda Item (or Items) do you wish to address? ~ F'-~ 2'~ In general, are you for or against such Agenda Item (or Items)? For ^/ Against f ~' NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium. please state your name and who/what you represent clearly for the court reporter to accurately record who you are. FIRST AMENDMENT TO THE LIBRARY AGREEMENT BY AND BETWEEN THE CITY OF KERRVILLE, TEXAS AND KERR COUNTY, TEXAS This First Amendment to the Library Agreement ("Agreement") by and between the City of Kerrville, Texas ("City") and Kerr County, Texas ("County") and fully executed on or about September 27, 2005, is made and entered into by and between the City and County and amends the Agreement as follows: 1. Section 9. of the Agreement shall be amended by adding the following language to the end of the section: "9. "Operational expense(s)" and "net operational expense(s)", as used in this section and Section 8, above, shall include the costs associated with the ongoing management and service activities. These are the costs involved in maintaining the Library's assets and services. These costs include management, buIlding and equipment maintenance, salaries and benefits, insurance, books, audio-visual materials, periodicals, contingencies, supplies, postage, computer replacements and utilities. Shared operational expenses exclude any capital expense in excess of $5,000 with the exception of expenses for the purchase of Library materials and any other projects City and County may individually negotiate. Prior statements do not preclude City from proposing and implementing capital projects funded solely by the City." 2. Except as amended hereby, City and County agree that the Agreement is and shall remain in full force and effect in accordance with its terms. APPROVED AND ADOPTED by the City Council for the City of Kerrville on the day of 2006, and by the Commissioners Court of Kerr County, State of Texas, on the day of , 2006. CITY OF KERRVILLE, TEXAS By Eugene C. Smith, Mayor COUNTY OF KERB, TEXAS By Pat Tinley, County Judge (signatures continue of next page) ATTEST: Brenda G. Craig, City Clerk APPROVED AS TO FORM: Michael C. Hayes, City Attorney ATTEST: Jannett Pieper, Kerr County Clerk APPROVED AS TO FORM: M. Rex Emerson, Ken County Attorney ULLe~1lLibrery~COntactsU..ib~ary Ag~eement_IStAmrnd 030905.doc