19-R-145 Public Library Interlocal Agreement with Guadalupe CountyRESOLUTION NO. 19 -R -145
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT WITH
GUADALUPE COUNTY, TEXAS, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City Council (the "City Council ") of the City of Schertz (the "City") has
determined that it is in the best interest of the City to enter into a Public Library Interlocal Agreement with
the Guadalupe County, Texas (the "County "), permitting the citizens of the County to utilize the services
of the City's public library; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and deliver the
Public Library Interlocal Agreement with Guadalupe County in substantially the form set forth on
Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment
and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this
Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the application of such
provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby
declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the
public business to be considered at such meeting, including this Resolution, was given, all as required by
Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final passage, and it
is so resolved.
PASSED AND ADOPTED, this 22nd day of October, 2019,e
CITY Ok%W-RTZ, TEXAS
Carpenter, Mayor
EXHIBIT A
PUBLIC LIBRARY INTERLOCAL AGREEMENT
See attached
SCHERTZ Selma ILA Library.doc A -1
STATE OF TEXAS §
COUNTY OF GUADALUPE §
100 - 630 - 800.4945
PUBLIC LIBRARY INTERLOCAL AGREEMENT BETWEEN
GUADALUPE COUNTY AND
THE CITY OF SCHERTZ
This Public Library InterLocal Agreement, effective as of the date of final execution (hereinafter referred
to as "Agreement "), is between Guadalupe County (hereinafter referred to as "County"), Texas, and the
City of Schertz, (hereinafter referred to as "City "), Texas.
WHEREAS, the City has an established public library and has for several years provided free public library
services to all citizens of the County residing in or near the City by informal agreement with the County;
and
WHEREAS, the County and the City have determined to enter into this Agreement relating to the provision
of free public library services (hereinafter referred to as "Library Services "), to the citizens of the County,
and to set out the purposes, terms, rights, objectives, duties, and responsibilities of the County and the City
with respect thereto; and
WHEREAS, the County and the City have determined that the provision of the Library Services is a public
purpose and within their statutory powers of government; and
WHEREAS, the County and City are political subdivisions of the State of Texas, and are authorized to
execute this Agreement pursuant to Texas Government Code 791.001 et. seq. as amended, and Local
Government Code Section 323, as amended (the "Act ").
NOW, THEREFORE, the County and the City, acting by and through their duly authorized officers,
hereby covenant and agree as follows:
I. Purpose
1. The City agrees that the established library of the City shall assume the functions of a county library
within the County, all as permitted by the Act.
2. The Librarian of the City's established library holds a county librarian's certificate from the Texas
Library and Archives Commission, as required by the Act.
3. All public library facilities, books, reading material, and other equipment in the possession of the
City's library shall be equally accessible to all residents of the County during the term of this
Agreement.
4. All public library facilities, books, reading material, and other equipment currently owned by the
City of acquired for use in its established public library during the term of this Agreement shall
remain the property of the City.
H. Term and Renewal
This agreement shall be for a term commencing with effective date of this Agreement through and including
October 1, 2019 to September 30, 2020 (the "Initial Term "), unless either party to this Agreement notifies
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the other party in writing that it wishes to terminate this Agreement. Such notice shall be provided not less
than thirty (30) days prior to the end of the Initial Term or any Renewal Term.
III. Consideration
1. In consideration of the City's provision of the Library Services during the Initial Term, the county
agrees to pay the City a monthly sum of $18,096.00 (Eighteen Thousand, ninety six Dollars and
00 /100) on the 15th day of each month following the effective date of this Agreement.
2. The County and the City agree that the monthly amount payable by the County to the City shall be
determined by good faith negotiations between the County and City and that such amount shall be
determined not less than thirty (30) days before the end of the Initial Term and each Renewal Term.
IV. Authorization
The governing bodies of the County and the City have duly authorized this Agreement.
V. Severability
If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, for remaining
portions hereof shall continue in full force and effect.
VI. Amendments
This agreement represents the complete understanding of the County and the City with respect to the matters
described herein, and this Agreement may not be amended or altered without the written consent of both
parties.
IN WITNESS WHEREOF, the undersigned have entered into the Public Library InterLocal Agreement,
effective as stated herein.
GUADALUPE COUNTY, TEXAS
By:
Kyle Kutscher
Guadalupe County Judge
CITY OF SCHERTZ, TEXAS
By:
Mark Browne
City Manager
ATTEST
By:
Teresa Kiel
Guadalupe County Clerk
Date:
ATTEST
By:
Brenda Dennis
City Secretary
Date:
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