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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: Judge Tinley OFFICE: County Judg
MEETING DATE: November 24, 2008 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve the Library
Agreement between the City off Kerrville and Kerr County.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
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:
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
All Agenda Requests will be screened
information has been prepared for the
Meetings. Your cooperation will be
addressed at the earliest opportunity.
Court.
@ .M.
by the County Judge's Office to determine if adequate
Court's formal consideration and action at time of Court
appreciated and contribute towards your request being
See Agenda Request Rules Adopted by Commissioners'
5:00 PM previous Tuesday
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.
5. 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.
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 the City Council for the City of Kerrville on the
day of , 2008; and by Commissioners' Court of Kerr County,
State of Texas, on the day of , 2008.
CITY OF KERRVILLE, TEXAS
By
Todd Bock, Mayor
Date:
ATTEST:
Brenda G. Craig, City Clerk
COUNTY OF KERB, TEXAS
By
Pat Tinley, County Judge
Date:
ATTEST:
Jannett Pieper, County Clerk