15-R-97 - Guadalupe County ILA with LibraryRESOLUTION NO. 15 -R -97
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PUBLIC LIBRARY
INTERLOCAL AGREEMENT WITH GUADALUPE COUNTY, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City of Schertz (the "City ") has an established public library and has for
several years provided free public library services to all citizens of Guadalupe County (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 City and the County have determined that the provision of 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; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into this contract with the County pursuant to the Interlocal Agreement for Public Library
Services attached hereto as Exhibit A (the "Agreement ").
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 Agreement with the 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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, thi day of(�o, 2015.
CITY OF S TZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
C Brenda Dennis
(CITY SEAL)
EXHIBIT A
PUBLIC LIBRARY INTERLOCAL AGREEMENT
BETWEEN GUADALUPE COUNTY AND THE CITY OF SCHERTZ
STATE OF TEXAS
100 - 630 - 800.4945
COUNTY OF GUADALUPE
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, 2015 to September 30, 2016 (the "Initial Term "), unless either party to this
Agreement notifies the other party in writing that it wishes to terminate this Agreement. Such notice shall
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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 $17,662.83 (Seventeen Thousand, Six Hundred Sixty
Two Dollars and 83/100) 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 InterL6cal Agreement,
effective as stated herein.
GUADALUPE COUNTY, TEXAS
ATTEST
By: By:
Kyle Kutscher Teresa Kiel
Guadalupe County Judge Guadalupe County Clerk
Date:
CITY OF SCHERTZ, TEXAS ATTEST
By: tj
John Kessel Brenda Dennis
City Manager City Secretary
Date:
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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.
II. Term and Renewal
This agreement shall be for a term commencing with effective date of this Agreement through and
including October 1, 2015 to September 30, 2016 (the "Initial Term "), unless either party to this
Agreement notifies the other party in writing that it wishes to terminate this Agreement. Such notice shall
Page - 1 - of Two Pages
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 $17,662.83 (Seventeen Thousand, Six Hundred Sixty
Two Dollars and 83/100) 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
ATTEST
By: By:
Kyle Kutscher Teresa Kiel
Guadalupe County Judge Guadalupe County Clerk
Date:
CITY OF SCHERTZ, TEXAS ATTEST
By: By.
Joh vessel renda Dennis
City Manager City Secretary
Date:
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