ORDER NO. 29958
INTERLOCAL AGREEMENT BETWEEN KERB COUNTY AND CITY
OF KERRVILLE FOR OPERATION OF BUTT HOLDSWORTH
MEMORIAL LIBRARY
Came to be heard this the 25th day of September, 2006, with a motion made
by Commissioner Nicholson, seconded by Commissioner Baldwin. The
Court unanimously approved by vote of 4-0-0 to:
Approve the Interlocal Agreement between Kerr County and the City of
Kerrville for the operation of the Butt Holdsworth Memorial Library, and
authorize County Judge to sign same.
~ ~~s~
1. ~~7 COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Dave Nicholson OFFICE: Commissioner, Pct. 4
MEETING DATE: September 25, 2006 TIME PREFERRED:
SUBJECT: Consider and approve an Interlocal Agreement between Ken County and the
City of Kerrville for the operation of the Butt Holdsworth Memorial Library and
authorize the County Judge to execute and forward the Agreement to 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:
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 towazds your request being
addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
#2995II
LIBRARY AGREEMENT
THIS AGREEMENT by and between the City of Kerrville, Texas ("City") and County of
Ken•, State of Texas ("County").
WHEREAS, City owns and administers the Butt-Holdsworth Memorial Library
("Librar}~'); and
WHEREAS, the Library provides services to all Kerr 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.
Ownership, control and management of the Library and its resources and equipment
shall be vested in and remain the sole responsibility of the City.
The librarian of the Library shall hold or secure a county librarian's certificate from
the Texas State Library and Archives Commission.
4. The Library Advisory Board shall remain in existence and it shall continue to
provide oversight of Library operations.
5. The Parties agree that the County's minimum contribution for fiscal year 2006-2007
shall be $443,667.00. This amount reflects 50% of the city's proposed operating
expense budget for the Library. 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 instalhnents on or before the 15~h day of
each month during the term of the Agreement, beginning October 15, 2006. City
proposes to fund $50,000 in Capital Improvement Projects for a study of Library
facilities and services, with no fixnding participation from County.
6. This Agreement shall remain in full force and effect for a period of one (1) year
beginning October 1, 2006. This one-year Agreement recognizes the stated intent of
the County Commissioners Court to phase out, over time, its funding participation
for library services. City staff will research other funding options to be presented to
City County for library operations beyond fiscal year 2007.
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. In 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.
8. 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.
9. This Agreement has been made in and shall be construed in accordance with the
laws of the State of Texas. Venue shall be in Ken County, Texas.
10. 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.
11. This Agreement is subject to the Texas Public Information Act.
-t( APPROVED AND ADOPTED by the City Council for the City of Kerrville on the
/ot day of „~ e„„/Q.,,,,,.~ f , 2006, and by the Commissioners Court of Kerr
County, State of Tea~a~s, on the z5th day of se~temt>er , 2006.
CITY OF KERRVILLE, TEXAS
By ~ r~
Eu ene C. Smith, Mayor
COUNTY OF KERR, TEXAS
.~~"'~_,
m ounty Judge
Date: 2 /~,.Cn(~
Date: ~-~t,,,,„,~~ ZS' 2dt~~
ATTEST:
Bren a G. Craig, ' y Clerk
APPROVED~S TO FORM:
~~w~``~
Michael C. Hayes, City torney
ATTEST:
~~_
J ett Pieper, Kerr County erk
APPROVED AS TO FORM:
ex Emerson, Kerr County Attorney
H~\Legel\Library~ConttactsU.brary Contract (FY 2006-0]) G9010ti.doc