ORDER NO. 31125 LIBRARY AGREEMENT WITH CITY OF KERRVILLE Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve the Library Agreement with the City of Kerrville for the funding of the Library. 311x5 ~~~ ~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Bruce Oehler, Pct.4 OFFICE: County Commissioner MEETING DATE: December 8, 2008 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve the Library Agreement between the City of Kerrville and Kerr County. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Oehler, 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 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. 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. #31125 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, promises and agreements 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. The Library Advisory Board shall remain in existence and it shall continue to provide oversight of Library operations. S. The Parties agree that the County's contribution for library services for fiscal year 2008-2009 shall be $400,000.00. The County shall pay its contribution to the City in twelve (12) monthly installments on or before the 15t" day of each month during the term of the Agreement, beginning October 15, 2008. With the provision that funding is subject to budgetary appropriations as provided by law, the anticipated County contribution for library services for fiscal year 2009-2010 shall be $300,000.00 and the contribution for fiscal year 2010-2011 shall be $200,000.00 6. This Agreement shall remain in full force and effect for a period of one (1) year beginning October 1, 2008; and ending September 30, 2009. 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 the 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; provide, 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. Notice 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, TX 78028 And notice to County, if sent by first class mail, postage prepaid addressed. to: County Judge Kerr County Courthouse 700 Main Street, Ste. 101 Kerrville, TX 78028 Or to such other addresses as the parties may designate to each other in writing. 11. This Agreement is subject to Texas Public Information Act. APPROVED AND ADOPTED by th City Council for the City of Kerrville on the ~_day of , 200; and by Commissioners' Court of Kerr County, State of Texas, n the h day of December , 2008. CITY OF KERRVILLE, TEXAS Y Todd Bock, Mayor Date: l 3, 020 ATTEST: Brenda G. Craig, y Clerk COUNTY OF KERB, TEXAS i ley, County Judge Date: ~1-!l11~~~ q °°° ~M. ~°t ~'`. .~ ATTEST: _ ~ ~ ~~, ..~.. m ~~ z-.. 4 i .r~~ ° s ~' ~ ° P S o ~ .~ Jannett Pi per, Coun y C er'l~ ~~, ~ ~ y'.'-"° ~ ~ `~' °° F y ~~ <~ rf f~Io°s~,E~~ii.