ORDER NO. 29606
APPROVE BYLAWS OF ADVISORY BOARD OF BUTT-
HOLDSWORTH MEMORIAL LIBRARY AND AMEND 2005-2006
AGREEMENT BETWEEN KERB COUNTY AND KERRVILLE
Came to be heard this the 27th day of March, 2006, with a motion made by
Commissioner Nicholson, seconded by Commissioner Letz/Baldwin. The
Court unanimously approved by vote of 4-0-0 to:
Propose to the City to alter the First Amendment to the Library Agreement,
to where the next to the last sentence reads "shared operational expenses
include expenses for the purchase of library materials, and any other projects
the City and County may individually negotiate".
~9~04~
3 COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Dave Nicholson
MEETING DATE: March 27, 2006
OFFICE: Commissioner, Pct. 4
TIME PREFERRED: 9: 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
Boazd that the 2005-2006 Agreement between Kerr 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 RECENED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepazed 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.
-~- ba' March 2006
County Judge and Commissioners:
Enclosed are two documents for your reference in connection with the discussion of the
Bylaws of the Advisory Board 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 : "Shared
operational expenses exclude any capital expense in exce s of $5000 'th the exception
of expenses for the purchase of library materials and any o er prq~ects 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
f
BYLAWS
__ OF
THE ADVISORY SOARD OF THE
SUIT-HOLDSWORTH MEMORIAL LIBRARY
ARTTCZE'I-AUTHORI7YANDNAME
Section 1. The Library Advisory Board (hereinafter referred to as the "Boazd") 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.
Ali'77CLEIl-PiJRP06ES,• DUDES
j 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 Kerr 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 ~~ ~ ~ureu.-~
Section 2. The Boazd shall perform t e following duties: (1) initiate and support policies,
programs, and planning for the advanc nt of the Library; (2) communicate the needs of the
citizens of the City of Kerrville and the ounty of Kerr, Texas, to the Director of the Library and
the Library staff (3) inform the publi 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 Libra ;and (6) develop and submit to the City Council and
Commissioners COUrt a proposed nnual Budget for tke Library, based on information
provided to the Board by the Library s Director. On or before June 30 of each year, the Board
shall present a proposed oper ' nal expense budget for the next focal year to the
Commissioners Court and Councils including a forecast ojfnes and jeer to be collected by the
Library. Ne' er capital improvement expenses for the Library nor operating or capita
unproven ent expenses for the History Center or any other ancillary facilities shall be included
in the proposed operational expense budge~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, audiovisual materials,
periodicals, contingencies, suppl' st e, computer replacement and utilities. Shared
-~ operational expenses exclude an capital~xpense in excess o $5000 with the exception of
;~
t) _ n . J~ IN's'- ~X
expenses for the purchase of library materials and any other projects City and County Ynay G~~
~.. individually negotiate. Prior statements do not preclude City from proposing and
implementing capital projects funded solely by the City
A R 7 7C I, E II l- HO NO R A R Y I, II %E MF; M B E R S
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 Boazd and shall provide such advice and assistance to the Boazd
from time to time as agreed upon between the Board and the Advisory Panel, but in no event will
this Panel have the duties or obligations delegated to the Library Advisory Boazd.
A R 77CL E I V- R EG L I L A R A ND SPF. C.'lA L M E E TI NG S
Section 1. The regular meetings of the Boazd shall be held monthly as determined by the Boazd.
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 regulaz or special meeting shall be subject to
the provisions of the Texas Open Meetings Act, TEXAS GOVERNMENT CODE Chapter 551.
Section 2. The annual organizational meeting of the Boazd shall be held concurrently with the
regular meeting in November of each yeaz.
A R TILL E Y- OFFICE R S A ND C J DM YII TlF~ S'
Section 1. At the annual organizational meeting, the Boazd shall elect one of its members as
Chairperson and one of its members asVice-Chairperson. The Director of the Library shall be
the Secretary. The term of offue for the Chairperson and Vue-Chairperson shall be jor one
year or until their successors have been duly elected They shall begin serving on January 1
of the following year. Offuers shall be eligible to serve for two terms in succession.
ection 2. The Chairperson shall be the presiding offuer. It shall be the duty of the Chairperson
to preside at all Meetings of the Boazd. The Chairperson shall assign duties to board offuers
consistent with the needs of the organization and the wishes and talents ojthe incumbents. In
the event of his disability or other incapacity the Vue-Chairperson shall assume the duties of
the Chairperson, and the Board shall elect a new Tice-Chairperson. The Secretary shall keep a
record of all of the proceedings of the Boazd, 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 %rrviUe City Council, one
member of the %rr 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-
Holtlsworth Memorial Library" and shall be appointed by that group.
Section 4. All appointments to the Board shall be jor three year terms with no Board member
serving more than two consecutive three year terms, with the exception ojthe initial at-large
appointments assigned on a staggered basis by the %rrville City Council and %rr 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 shall have his membership reviewed by the Board
By majority vote, the Board may recommend to the %rrville City Council that such member
be removed from office with the concurrence of the %rr County Commissioners Court The
political enttly that originally made the appointment shall jll the vacancy jor the remainder of
the unexpired term.
AR77CI.EVI-QUORIJ~ MfL1ORIlY
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 Comnssioners
Court and all actions taken by the Board shall be by concurring vote of a majority of the
members present and voting.
ARTICLE VII-AMENDMENTSAND 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 %rrville City Council and the%rr County Commissioners Court
[Proposed Revision Document approved by the Library Advisory Board for City of %rrviUe
Council and %rr County Commissioners' consideration on February 21, 2006. j
C'1"[ Y Uf KERRVILLE,TEXAS
ORDINANCE NO, ZUUS- 19
AN ORDINANCE A!~1LNDWG CHAPTER G6, "L[BIZARY," OF
"fHE CODE OF UR.Di'~'AtiCES OF TI-iE CITY OF KERRV[LLE,
TEXAS, BY APfE~f~i1G ART'iCLE 11 CONCL-iLN1NG TS-IE
CREATION', PO~~ ells A'~D AU'i'HORI I'Y' OF 71-16 LIBRARY
AD~'ISURY BUAitU, CON"PAINING A CUMULA"1"IVE CLAUSE;
CONTAINCNG A S.A~ fNGS AND SEVER.AB[LITY CLAUSE;
AND PROVIDING OTHER MATTERS RELATING TO THIS
SUBIECT
WHEREAS, the Ctq~ of Kernille, Texas, owns and administers the Butt•Holdsworth
Memorial Library; and ,
WHEREAS, as the Librtiry offers services to all Kerr County residents, Kerr County
continues to provide yearly fund! 5 fur the Library's operations, and
1V H IItEAS, the Cuy Cot,~~~ i I ut'the City of Kerrville, Texus, previously established a Library
Advisory Bu~url, for the purpose ~_>~ a~ir~sing and making reconunendaiions to the City Council on
matters perta~nmg to the City's public ;ibrary; and
--- WHEREAS, cl;e City Coup; it recently entered into an interlocal agreement with Kerr County
to provide for the optrauon of the Lior;u"y, and
\\'H1:}tEAS, the City Counc!I of the City of Kerrville, Texas, finds it to be in the public
interest co amend Chapter GG, .Article I! of the Code of Ordinances of the City of Kemille to revise
the Library:~d~tsory Board to re,,e;t t!•.e terms ofthe recently adopted interlocal agreement for the
oporauon of the Library;
NO\~,', THEREFORE, BE IT ORDAINED BY THE' CITY CULR~ICIL OF THE CITY OF
KERRVII_LE., KERR COUNTY, TEXAS:
SECTION ONE, That Chap~.er G5 "Library," Article [I "Libra.ry Advisory Board" of the
Code of Ord~:ruue of the Ctty o(Kerr. i!Ie, Texas, is nmcnucd in i!s entirety as follows, ~ti'ith ihr
current Section GG-39 "Libran Pvegu:auota" betn5 moved uuo a nee, Article [11'.
"AR'i'ICL6 I1. LIBRA RI' -+.llV1SOI2Y GUARD
Sec.6G-31. Defioitioos.
Boarri means the Library Ads tsory Board.
:\
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' l3ylai+s means the "Libras f3yla~~s" as have been atutchcd to and incorporated info rho
uxerluc.tl agreement. S;u~.! f~~ I.i~~ s Wray be antcnded by the 13uard and sub~ccl to approval vl
bulb il:r Cvunctl and Cbnunis~ivncrs Court.
Cuy or Ker,vi!!e means the City of Kemille, Texas, a Texas municipal home-Wile
coipurauon.
Comuuss,oners Court means the governing body of Kerr County, Texas.
Counc,l means the governing body of the City of Kemille, Texas,
County means Kerr County, Texas.
lnrerlora! agreenrenr mea~a tl~,e ' Library Agreentrnl" as entered into by and between the
City ;utd County wuh an effecu~ c c!ate of October I , ?005.
Lrbra,y means Butt-Holdswonh Memorial Library,
Sec. 66-32. Creation,
A l.ibr;uy Advisory k3oard !i,u `n~ n :reared pursuant to the interlocal agreement between the
C.'uy ;u~.d County. Said B~.~.ud ~.,;, created to provide overs;ght of Library operations.
Sec. 66.33. Duties and responsibilities of the Board.
The dunes and responsib~i:ues of ate Board shall be as provided for within the interlocal
agreem.cnt and bylaws. ~.:eh dt,ucs and respons~.bil~,~.ies include presenting a proposed
opera;~ur,al expense budt,t i'o~ ru,h fiscal year, Should ar.y conflict apse between ;he
byla~~ s turd the interlocal ;!greentent, the agreement shall control,
Sec. 6G-34. Composition and appointment; officers, compensation; meetings.
(a) Compos,nar The !iaani shall be composed of ene (1) member of Council, one (1)
member of the Comr-issi ~ncrs Court and five (5) at-large members. Two (2) at•large
n embers shall be appuut~cd by Council, tt~~o (2) at-large members shall be appointed
b, the Cununission::s Cv~.:r~, and one (I) at-Cage member shall be a mcrnber of the
"rricnds of the l3utt Flvl~i,~~urth ~lenwrial t.ibrury" ;Ind shall be appointed by the!
group.
(b) 9ppo,nrvnenr and rervis or Cu> 's appor,uees. "fhe process for appointment and terms
o' the City's Board :•tembers rs as provided for !n the interlocal agreement, Iniual
appointments made ~~•: C~-;;:itc~l to the Board shall be on a staggered basis. Thereafter,
a,l appointments to !'~.; B~;ird shall be for three (3~ year terms with no Board member -~
serving more than u~.v t,?~ consecuUVe three (:>) y-ear ternts,
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(c) I%ucanc,es. When a + arutcy occurs by means other than the expiration of the term o f a
3oard member appoux:+f by Council, the Council shall appoint a person to tall the
vacancy for the ren anxicr of the unexpu'ed term
(d> Officers. The Boar.i shall have o!'f~cers as pro+ xied for in the bylaws.
(e) Compei+sanon. Sen;ce on Use Board is wtlhout compensation.
(() aleer,ngs. The Bo^.rd shall meet on dates ;uxl times as agreed upon by the Board
members, which scne;iu!c may be ch:utged from :nne ,o tune. All such meetings of the
Hoard shall be hclci :n a:;uruance wnh the "I cxas Open Meetings Act."
SECTION THREE. The pro+ is,ons of this Ordinance are to be cumulative of all other
ordinances or parts of orduiance ~o+ernu~g or regulating the same subject matter as drat covered
herein; provnled, ho++ever, that ~!I p ,or orchnances ur p;trts ~lhonhnances ,ncons;stent with or :n
conflict +vtilt any of the prov,sioas a; .?us Ordnance are hc•rei;v e.e;rrssly repealed to the extent of
any such utcens,stency or conll,+,. ~..~ a ordinances ++iucl: arc e,pressly repealed include Ordu+ance
Nos. G7.17, 8U•5, 85-UI and 87-t,U
SECTION FOUR. Ifany srct:on, subsection,sentrnec,elause,orphraseofthisOrdinance is,
-°- for any reason, held to be unconsnr,n:anal or invalid, such !wlding shall not affect the validuyofthe
remaining por.wns of th;s Oniu+.:n:c hhc Counc,l ol';hc Cnv of Kerrville, Texas hereby declares
that it ++roulci have passed th,s U:!;n;.nce and each section, subsection, sentence, clause, or phrase
hereof irrespecuvt of;he fact that one or more sections, subsections, sentences, clauses, or phrases
be declared unconstitutional or ui+al~d
PASSED AND APPROVED ON FIRST READING, this the ~dayof~_,
2005,
PASSED AND APPRO\'ED ON SECOND AND Fti\AL READING, this the~,_ day of
,~~, 2005,
Eu ie C, Smith, Mayor
ATTEST:
~~
Bre da '. Crii ,City Clear ~~
--- I, l
APPROVED A TO F RM:
~~~~
~~acl GPs, try tomey
V~w{M~L~bvyorm L~trrl AOrvOq BJ-101103 Ox
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LIBRARY AGREEMEN"f'
TI-i1S r\GRLL'1~4Eiv'"f by :u!ii bets+cen the City of Kerrville, I exas ("City") and County of
Kerr, Slab ui 'fesas ( County's
`,~•'i-ICRF.AS, City owns and adminis[ers [he 6uu-Floldsworth Memorial Library
("Library") and
`.1'f1(:KEAS, the Libras pro~+aes services to all Kerr County residents including [hose
who resole w+thin the Cuy;
ti0\V "I'HI:REFUitE, for and in considers[ion of the premrses and the mutual benefits,
covenants, ami promises hereinail~~r set forth, City and County agree
C+ty assumes the !,;net:un of a County Gee 'ibrn;y system in accordance w!th
\'.T,C A., Local Government Code, §323.01 I
Uwnenhtp, control ,uuf nxur<+~zement of the l_+br+ry and its resources and equipment
s!:ail be vested ut an,'. rennin the sole respn[u!b!I+ty ul the City.
3 l he librarian oC the I,+ur;+r~ shall hold or secure e ruuniy librarian's certificate Crum
Ute Te>;as State Library anJ Archn~es Comm+ssion
A r1 Library Advisory l)uarci L 'Board") shall be creauxi to provide oversight of Library
operations. The co!~irus,uon of the Board shall be as follows:
a. Une (1) Boar! ::\Icmber shall be a member of the City Council for the Ciry ~'
Kerrvtlie,
b. Une (7) Board ::\lenther shall be a member of the Kerr County Commissioners
Court;
c Two (2) Boarci 'v!ernbers shall be resiue,~ts of Kerr County and shall be
appointed by the C'omm~ssioners Court,
d ]'~to (2) Boar,: \Icmbers shad be res!der.i, of tl~c City and shall be appointc~.!
b~ theC!u-Cu;uxtl
c. Une (1) Bouni \Ienibers shall be a mcmh,r of the "Friends of the Library "
and shall be app~untcd by shat group
5, Board Members shall be appouued for a term of Uuee {;) years on a staggered bass
su that the icrnu of n~~.~ t'J l3uard Members rha!I tcrnunntc in each of years one (l i
,ui.! t~~.t (2) ul a ti!:-.-~r.:r ~;~!c, and the trrm, c:l u~~ three (3) remaining Hotuu
\!cmbers shall tennnt.:!c :r. ,r,+r three (3) i\o Lis:ard P:Sember shall serve more than
n~u eonsc~uuve three ~.al terms.
6. \Vhen a vacancy occurs by means other [has the expua[ion of the [arm of a Board
...- ~Icmber, the enut~ ~.~.I a .,r!~_ur!Ily appointccl the 13onrd Member shall appoint
s pr.son ur per~uns ;, '~: .~.;,pc novel to fi!! the ~.acancp for the remainder of th;
unevpurJ term and ....a p,;,un shall be mode a 13~,~ar,1 Member. D~~d~B„n~~ Qy"~.Gdj~
F pproved by Ciry Council
'.t818:~~~~,-c-~--~- ~-7--Po~e
'. Oi+rma .~ ~ Pte..., [[ rr

7. The doors and respon;ibiiiues of such Dourd shall be ns provided for in the "L.;brary
R~la~~s" anachrcl hrrc~.u as fchibit A and Houle a part hereof by reference, and as
,.~~it b~la~~s nta~ h~ .~.~,;-n.ic.i lium umc w tnnc by aF~.:erment vh the [3oard, with
^I'I;ru~.il b~ the C,',, ~. ,:.u,~il and the Cununis,!uncrs Court. Slwuld any cunlir.t
a! ne itetturn the L!Dr.u'y LSyiaws and this A~,rcentent, th!s Agreement shall control
8. On or before June 3U ul'rach year, beginning June 3U, 2U06, the Library Board shall
present a proposrci ~ n ~~ ~.~:-expense buds;rt !br the ne~ct liscal year to the Kerr
Cuun!~ C'uinmissi,~: rr, C u~:rt and the KCI'.'~ il!e Cn~ Council. "hhe operation; I
e~pr!t,c huciert ~h.~.i !n,ludc a forecast of lints and Ias to be collected by the
I.;br;uy. \rnher c. l~~t t! improvement exornscs I'or the Librarv nor ooerauna ur
r.,pnol nttpiovrmcnt c~ ~cnses for the Htstorv Center or nn oUier aneilla faciliucs
sha r utc u e in ~,hc bu~!grt
9. The Parties acree th.n !hc County's minnnum cirnu'ibuuon for fiscal year 2005-2005
,I•,;II be 5;t1U.0VU 0 I:~ !', t•.:!c yeatrs the panics ngrec that !t is the intent of both the
C ~t~ •utd tits Cuun!, t,. r~rn!y partic;pate tit the proposed net operational expenses
.;, rr~um.nten~led by u;e !nbmry (3oard, sub~cct to and as approved by both the City
C'vunc;l ;uul rite C'~:nunis,ioncrs Court I he County's portion of the approved
budbrtcd anwunt ii•.:,i h,• p;;;d by the Kerr C'uunly Commissioners Court into th•:
C;y , L!bran (run-.! .n :..~!vr (I?) eilual nxutllt:y installments an or belbre the I;",
c!.•, o. za~h nwnth e! :, ut_ tr !rem of the Agrccn~rnt, begnuung October 15, 20U>
10. Ir. the runt that en'x•r Party fails to approve the proposed Library budget for any
given liscal year pno~ 'o the t1rst day of that liscal year (October I), [hen the Panics
a~rce that the budget Ic,r rite previous liscal year just completed shall be deemed
ocpro~rd and sir,;!! I:r.u•re ~.hr L;bntry bu~igr for the current fiscal year. 'fh!t
(allure to a~rce br,~,,re U,tubcr 1 of an} g!ven liscal year shall constitute nonce of
tLe I'.tr;i:s' uttent ~:. t.rm:note the Jouv operation of the Library pursuant to
puragrupit I I. be!ot~ i'ayment by the Cvunry hereunder shall be made only a..~t ^f
current budgeted refrnues.
I I. This :~~;recmcnt shall rcntaut m full force and eflect for a period of one (1) ycnr
bi•smi!ine Urtubrr .. ,U;,•; It shall continue automatiutlly for each success!ve yrttr
unie., ruher part} g~~~•., :!uu.r tit wrtltng by July I", of any yrar, that they vtiant u>
tc:nuna!c the :~g,;rc:~:tent at thc• end of the then current year. In no event, however,
shall th!s ,\grecmrn~• br renewed for more than live (~) successive years without
brutg ret!et~rd or !~n;~,;ti.uct!, nor shall the scope ul srrv~ces or budget be changed
dunnt: any tisxal yc,u un!e,s nuuuully agreed to et tvr,!;ng brttveen the parties.
12. Url;n!It.
a. In the rrem of default by City in the performance of its obligations hereunder, anti
Clty falls to cure such c!:i4;.!It tvith;n thirty (:,0) days af!er receipt of written noura i
tivm C aunt}, Count. ;;~, its <,ption, foul without prc)ud;cc- to any other remedy Court}
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nu+v hn,c I'or C'ity's brcr.ch of this Agreement, nrty terminate this Agreement not
c:u l,er than tlurty (:>U ~ ~i.,, , .r,,rr dclrvcrutg wr;nun nuuct• of ternunnt,on io C'Uy
b In the event that t u.u~ •• ~;uls to make the m~>nthly payments required hercundrr
:m.i such Ia,lurr a ,•,.~t ~.•.,;.~. wnhm th+rty (:~U) play, aiier receiving wr,ttcn nouc~~
I+om C,ty, City, at n; ul,~.nm, an<I without picjuci,cc• w tiny other remedy City ma)'
ha,c liu' Count)''s hr•.e,ch ul this Agreement, nu+y terminate this Agreement not
e+,rl,er than thnty (3U. tln~, attar deliverin6 wrnten notice of termination w County.
13 T`,o Ass,g,unent: Th,s Agreement shall be b+nci,ng upon parties hereto: prosided.
hu+ve,er, that ne,th. ~h. ~u) nor the County sir<tll assign, sublet, or transfer their
u+terest in thts Agro•:mrnt ~+nhout the pnor wnnen consent of the other,
14, Applicable Law: 'I'lu; ,\sreement has beer. made m and shall be construed in
accordance with the Ines vi the State of 1rxas, Venue shall be in Kerr County,
'Mesas.
1 ~. '\'otice: Notices to Cup p,uv,ded herein shall be sufllerent if sent by first class ma+l,
posu+ge prepaid to .
City Manager's Uft;ce
City of Kerrville
a0U Juncuun I I,gh•.~.,~
Kerrville, Texas 7SU28
and notices to Coumy, if sent by first class mail, postage prepaid addressed to:
County Judge
Kerr county Counhouse
700 Main Street
Kern~ille, Texas 78028
or to such other addmsses as the parties may des,gnate to each other in wnUng•
IG. Public Inibrnu+uon. : h s ,~~,er;nent is subject to the'Tex,+s Public InSormation Ael•
~1,'PROV6D .qND ADOPT f:U by the City Council for the C'iry of Kerrville on the
day of ~~ fR ~ , 200>, and by the Commissioners Court of Kerr County, State of Te.~as
on the Ii~t"-day of-~(~c~1z_s~ _, 2uU>
CITY Of K(:ItJZVI[.LE, TEXAS
8Y '~~~~</1lnJ</
Eug ne C. Smrth,~Mayor
~~ate:~- ~ 'r -~5
C'OUN"fY OF KERR, TEXAS
I' Utley, ounty udge
Uatc_ 9- ~~-oloo.S'
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A"rrES r
.~• Q
Bren a G. C'rai~g, ~ y Clerk
APPRUVED AS'1'O FORM:
~~~
Michael C. f-layer, Cn torne~

A 1'I'ES"I'.
~,.
nne[t Pieper, Kerr ount Clerk
APPROVED AS TO FORM: f
t\1. ex 6mrrson, Kerr County Attornc~

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THE CITY OF
KERRVILLE, TEXAS
March 16, 2006
Judge Pat Tinley
Kerr County Commissioners' Court
700 E. Main Street
Kerrville, TX 78028
Dear Judge Tinley,
should facilitate the Board's future budget preparation responsibility.
~qp ~ g ZOuo
On March 14, 2006, the Kerrville City Council reviewed the Library Advisory Board's
proposed revisions to the Interlocal Agreement and Board Bylaws for joint operation of
the Library. The City Council approved the Board's amendment to the Agreement, as
presented. The Board's proposed amendment is a clear response to their charge to
clarify the issues of what constitutes operational expense and capital expense. This
The City Council, acting upon our recommendation, approved the attached language
changes to the bylaws. These changes are in response to our understanding of the
intent of the Commissioners' Court, as expressed at your meeting of March 13, 2006. In
summary, these changes remove language from the Board Bylaws that was redundant
with statements present in the Interlocal Agreement.
Please let me know if we can provide additional information.
Sincerely,
~~'~- _'/
Paul A. Hofmann
City Manager
PAH/kis
cc: John David Lipscomb
909 Lake Drive
Kerrville, TX 78028
n
co
800 JUNCTION HIGHWAY •KERRVILLE, TEXAS 78028-5069 • 830/257-8000
Mar 20 06 05.31p City Manager's Office 8307523850 P.1
City Manager
City of Kerrville, Texas
800 Junction Highway
KerrviVle, Texas 78028-5069
830.792.6304 (O)
830.792.3850(F)
irenes@kerrville.org
Fax
Ta Judge Tinley From: K. Irene Saone
Fax; Pages: t , induding cover page
Planes
Watr. 3/2Q12006
Re: See following documents ~:
d UryeM ^ For Review ^ Pfaase Commerrt t7 Please Reply ^ Please Recycle
Updated Library 6y-Laws
...~. NCsserveA~atrS\Fomss`Faxdoc
COPY
LIBRARY AGREEMENT
THIS AGREEMENT by and between the City of Kemille, 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, and promises hereinafter set forth, City and County agree:
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.
t
4. A Library Advisory Board ("Board") shall be created to provide oversight of Library
operations. The composition of the Boazd shall be as follows:
a. One (1) Board Member shall be a member of the City Council for the City of
Kemille;
b. One (1) Boazd Member shall be a member of the Ken County Commissioners
Court;
c. Two (2) Board Members shall be residents of Ken County and shall be
appointed by the Commissioners Court;
d. Two (2) Board Members shall be residents of the City and shall be appointed
by the City Council.
e. One (1) Boazd Members shall be a member of the "Friends of the Library,"
and shall be appointed by that group.
Boazd Members shall be appointed for a term of three (3) yeazs on a staggered basis
so that the terms of two (2) Boazd Members shall terminate in each of years one (1)
and two (2) of a three-yeaz cycle, and the terms of the three (3) remaining Boazd
Members shall terminate in yeaz three (3). No Boazd 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 for the remainder of the
unexpired term and such person shall be made a Board Member.
7. The duties and responsibilities of such Boazd 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 Boazd, with
approval by the City Council and the Commissioners Court. Should any conflict
arise between the Library Bylaws and this Agreement, this Agreement shall control.
8. On or before June 30 of each year, beginning June 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 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 budget.
9. The Parties agree that the County's minimum contribution for fiscal year 2005-2006
shall be $300,000.00. In future years the parties agree that it is the intent of both the
City and the County to evenly pazticipate in the proposed net operational expenses
as recommended by the Library Boazd, subject to and as approved by both the City
Council and the Commissioners Court. The County's portion of the 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 15t"
day of each month during the term of the Agreement, beginning October 15, 2005.
"~erational expense(sl" and "net operational expense(sl", as used in this section
and Section 8, above, shall include the costs associated with the ongoing
management and service activities. These aze 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 anv
other projects Citv and County may individually negotiate. Prior statements do not
preclude City from proposing and implementing capital proiects funded solely by
the City.
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 yeaz shall constitute notice of
the Parties' intent to terminate the joint operation of the Library pursuant to
paragraph 11, below. Payment by the County hereunder shall be made only out of
current budgeted revenues.
11. This Agreement 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 yeaz
unless either party gives notice in writing by July 1st, of any year, that they want to
2
terminate the Agreement at the end of the then current year. In no event, however,
shall this Agreement 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. Default:
a. In the event of default by City in the performance of its obligations hereunder, and
City fails to cure such default within thirty (30) days after receipt of written notice
from County, County, at its option, and without prejudice to any other remedy County
may have for City's breach of this Agreement, may terminate this Agreement not
earlier than thirty (30) days after delivering written notice of termination to City.
b. Iu the event that County fails to make the monthly payments required hereunder
and such failure is not cured within thirty (30) days after receiving written notice
from City, City, at its option, and without prejudice to any other remedy City may
have for County's breach of this Agreement, may terminate this Agreement not
earlier than thirty (30) days after delivering written notice of termination to County.
13. No Assignment: This Agreement shall be binding upon parties hereto: provided,
however, that neither the City nor the County shall assign, sublet, or transfer their
interest in this Agreement without the prior written consent of the other.
14. Applicable Law: This Agreement has been made in and shall be construed in
accordance with the laws of the State of Texas. Venue shall be in Kerr County,
Texas.
15. Notice: Notices to City provided herein shall be sufficient if sent by first class mail,
postage prepaid to
City Manager's Office
City of Kerrville
800 Junction Highway
Kerrville, Texas 78028
and notices to County, if sent by first class mail, postage prepaid addressed to:
County Judge
Kerr county Courthouse
700 Main Street
Kerrville, Texas 78028
or to such other addresses as the parties may designate to each other in writing.
16. Public Information: This Agreement is subject to the Texas Public Infonnation Act.
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.
CITY OF KERRVILLE, TEXAS COUNTY OF KERR, TEXAS
By
Eugene C. Smith, Mayor
ATTEST:
Brenda G. Craig, City Clerk
APPROVED AS TO FORM:
Michael C. Hayes, City Attorney
By
Pat Tinley, County Judge
ATTEST:
Jannett Pieper, Kerr County Clerk
APPROVED AS TO FORM:
M. Rex Emerson, Kerr County Attorney
H LLAgelLLibrary~ConrcactsV.ibary Cgnhatt (PY 200SOfi) ~'~ wrch 1st ane1M 032206 doc
4
COPY
CITY OF KERRVILLE, TEXAS
RESOLUTION NO.~ 29-2006
A RESOLUTION AUTHORIZING AMENDMENTS TO BOTH
THE LIBRARY AGREEMENT BETWEEN THE CITY OF
KERRVILLE, TEXAS AND KERR COUNTY, TEXAS FOR THE
MANAGEMENT OF THE BUTT HOLDSWORTH MEMORIAL
LIBRARY AND THE BYLAWS OF THE LIBRARY'S ADVLSORY
BOARD
WHEREAS, on September 27, 2005, the City ofKerrville, Texas ("City") and Kerr County,
Texas ("Count}~~ entered into a Library Agreement to provide for the City's management of the
Butt-Holdsworth Memorial Library (the "Library'; and
WHEREAS, the Library Advisory Board (`Boazd'~, as created by the Library Agreement,
recommends that the City and County amend the Library Agreement to define the terms "operational
expense(s)" and `het operational expense(s);" and
WHEREAS, the Boazd also recommends amending its Bylaws to clarify various provisions;
and
WHEREAS, the City Council of the City of Kerrville, Texas, finds it to be in the public
interest to amend both the Library Agreement and the Boazd's Bylaws;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KERRVILLE, KERR COUNTY, TEXAS:
SECTION ONE. That the Mayor and City Clerk are hereby authorized to execute and attest,
respectively, on behalf of the City of Kerrville, Texas, the First Amendment to the Library
Agreement with Kerr County, Texas, the provisions of which amendment shall be as set forth in
Exhibit A, attached hereto and incorporated herein by reference.
SECTION TWO. That the revised Bylaws are hereby approved as set forth in Exhibit B,
attached hereto and incorporated herein by reference.
PASSED AND APPROVED ON this the ~ day of r~~ , A.D., 2006.
ys*-~ C !~
Eug a C. Smith, Mayor
APPROVED AS TO F'OlRM:
~~l/~' ~ JET"
Michael C. yes, City tt rney
ATTEST:
Bren a .Craig, Ci lerk
x:v.EGn~.wenwrtv~rtac~crrvcouwrY cotn'x.~cr cxnrors o~oeos.ooc
FIRST AMENDMENT TO THE LIBRARY AGREEMENT
BY AND BETWEEN THE CITY OF KE1t2RVILLE, TEXAS
AND KERB 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 fixlly 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 ofthe 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 aze the costs involved in maintaining the L'brary's assets
and services. These costs include management, building and
equipment maintenance, salaries and benefits, insurance, booles,
audio-visual materials, periodicals, contingencies, supplies,
postage, computer replacements and utilities. Shazed operational
expenses exclude any capital expense in excess of $5,000 with the
exception of expenses for the purchase of Librazy 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 Comnvssioners 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 ofnext page)
ATTEST:
Brenda G. Craig, City Clerk
APPROVED AS TO FORM:
Michael C. Hayes, City Attorney
U:LLeAPl~b~uylCantacuWbeuy Agttmmt_ Irt Ammd_0l0906.dx
ATTEST:
Jannett Pieper, Kerr County Clerk
APPROVED AS TO FORM:
M. Rex Emerson, Kerr County Attorney
2