ORDER NO. 30549 FY 2007-08 KERB COUNTY BUDGET Came to be heard this the 28th day of September, 2007, with a motion made by Commissioner Oehler, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve a budget amendment to increase the expenditure that is presently in this proposed budget for the library budget from $400,000 to $443,667, the same amount as last year. LIBRARY AGREEMENT THIS AGREEMENT 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 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. 2. Ownership, control and management of the Library and its resources and equipment are 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. The Library Advisory Board shall remain in existence and it shall continue to provide oversight of Library operations. ~ ,~~,~~ 7- 5. The Parties agree that e ounty's contribution for library services for fiscal year 2007-2008 shall be T ' - The County shall pay its contribution to the City in twelve (12) equal monthly installments on or before the 15th day of each month during the term of the Agreement, beginning October 15, 2007. 6. This Agreement shall remain in full force and effect for a period of one (1) year beginning October 1, 2007; and ending September 30, 2008. 7. 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. 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 Kerr 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. APPROV D AND ADOPTED by the City Council for the City of Kerrville on the ~~~ day of ~, , 2007, and by the Commissioners Court of Kerr County, State of Tex s, on the ~ day of .SEYT~-'- eSH~- , 2007. CITY OF KERRVILLE, TEXAS By Eu ne C. Smith, Mayor Date: D COUNTY OF KERR, TEXAS By ~_ ~ ~ Pat Tinley, County Judge Date: `~ ~ Z~O'7 2 ATTEST: Brenda G. Craig, Clerk APPROVED AS TO FORM: C~ Michael C. Hayes, i y Attorney ATTEST: I- J ett Pie r, Kerr Co ty Clerk APPROVED A ORM: merson, Kerr County Attorney H:\LegalU.ibrary\Contrac[s\Library Contract (FY 2007-2008) 072707.doc