2010R37 - Selma Library Interlocal AgreementRESOLUTION NO. 10-R-37
A RESOLUTION SY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT
(SELMA) WITH THE CITY OF SELMA, 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
(Selma) with the City of Selma, Texas ("Selma"), permitting the citizens of Selma 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 (Selma) with Selma 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provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this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 20`'' day of July, 2010.
C S HERTZ XAS
' ~---~
ayor
TE T:
City Secretary
(CITY SEAL)
50325297.1
EXHIBIT A
PUBLIC LIBRARY INTERLOCAL AGREEMENT
See attached
50325297.1 A-1
PUBLIC LIBRARY INTERLOCAL AGREEMENT
(SELMA)
This Public Library Interlocal Agreement, effective as of October 1, 2010 (this
"Agreement"), is between the City of Schertz, Texas, a political subdivision of the State of Texas
("Schertz"), and the City of Selma, Texas, a political subdivision of the State of Texas
("Selma").
WHEREAS, Selma and Schertz have determined to enter into this Agreement relating to
the provision of free public library services to the citizens of Selma (the "Library Services"), and
to set out the purposes, terms, rights, objectives, duties, and responsibilities of Selma and Schertz
with respect thereto;
WHEREAS, Schertz and Selma have determined that the provision of the Library
Services is a public purpose and within their statutory powers of government; and
WHEREAS, Schertz and Selma are political subdivisions of the State of Texas and are
authorized to execute this Agreement pursuant to Texas Government Code Chapter 791.001, as
amended;
NOW, THEREFORE, SCHERTZ AND SELMA, ACTING BY AND THROUGH
THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE AS
FOLLOWS:
Section 1. Purpose.
(a) Schertz agrees that, during the term of this Agreement, the citizens of
Selma may utilize the Schertz public library without charge.
(b) All public library facilities, books, reading material, and other equipment
in the possession of Schertz's library shall be equally accessible to all residents of Selma during
the term of this Agreement.
(c) All public library facilities, books, reading material, and other equipment
currently owned by Schertz or acquired by Schertz for use in its established public library during
the term of the Agreement shall remain the property of Schertz.
Section 2. Term and Renewal. This Agreement shall be for an initial term
commencing with the effective date of this Agreement through and including September 30,
2012 (the "Initial Term"). This Agreement shall thereafter be automatically renewed for
succeeding periods of one year, from October 1 through the following September 30 (each, a
"Renewal Term"), unless either party to this Agreement notifies the other party in writing that it
wishes to terminate this Agreement. Such notice shall be provided not less than ninety (90) days
prior to the end of the Initial Term or any Renewal Term.
50080456.2 1
Section 3. Consideration.
(a) In consideration of Schertz's provision of the Library Services during the
Initial Term, Selma agrees to pay Schertz an annual sum of $3.32 per capita of Selma population
($1,604.66 monthly or $19,256 annually from October 1, 2010 through September 30, 2011), on
the 15th day of each month, commencing October 15, 2010. Through September 30, 2011, the
parties agree that Selma's population is 5,800. On or about September 1, 2011, Selma shall
determine in good faith its estimated population for the period October 1, 2011 through
September 30, 2012 and provide such estimate and the basis by which such estimate was
determined in writing to Schertz. If Schertz contests such estimate and Selma does not modify
such estimate to Schertz's reasonable satisfaction, Schertz may terminate this Agreement by
written notice to Selma.
(b) Selma and Schertz agree that the monthly amount payable by Selma to
Schertz for any Renewal Term shall be determined by good faith negotiations between Selma
and Schertz and that such amount shall be determined not less than thirty (30) days before the
end of the Initial Term and each Renewal Term. In the event Selma and Schertz are unable to
agree on the monthly amount payable by Selma to Schertz for any Renewal Term, then the
monthly amount shall remain the same as for the prior term, but in such event, notwithstanding
anything to the contrary herein contained, either Selma or Schertz may terminate this Agreement
on not less than thirty (30) days notice to the other party.
Section 4. Notices. Notice to Selma shall be delivered to the City Administrator,
City of Selma, 9375 Corporate Drive, Selma, Texas 78154. Notice to, Schertz shall be delivered
to the City Manager, City of Schertz, 1400 Schertz Parkway, Schertz, Texas, 78154. This
Agreement shall be binding upon and inure to the benefits of the parties hereto and their
respective legal representatives, successors, and assigns where permitted by this Agreement.
Section 5. Authorization. This Agreement has been duly authorized by the
governing bodies of Schertz and Selma.
Section 6. Severability. If any portion of this Agreement shall be declared illegal or
held unenforceable for any reason, the remaining portions hereof shall continue in full force and
effect.
Section 7. Amendments. This Agreement represents the complete understanding of
Schertz and Selma with respect to the matters described herein, and this Agreement may not be
amended or altered without the written consent of both parties.
Section 8. Source of Parent. Each party paying for the performance of
governmental functions or services under this Agreement shall make such payments from current
revenues available to the paying party.
Section 9. Governing Law. This Agreement shall be governed by the laws of the
State of Texas.
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50080456.2 2
IN WITNESS WHEREOF, the undersigned have entered into this Public Library
Interlocal Agreement, effective as of the date first above written.
CITY OF SCHERTZ, TEXAS
By ~._,'_ ___ _
Don E. Taylor, Cit nager
CITY OF SELMA, TEXAS
By
Tom Daly, Mayor
50080456.2