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Memo Resolution Library Interlocal Agreement GuadalupeCITY COUNCIL MEMORANDUM /RESOLUTION City Council Meeting: Department: Subject: BACKGROUND October 14, 2008 Library Public Library Interlocal (Guadalupe County) Agenda No. 7 Agreement The Guadalupe County Interlocal Agreement for library services with the City of Schertz expired September 30, 2008. The Commissioners Court has voted to renew the agreement for FY 2008- 09, paying the City of Schertz $173, 045. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the City Council approves the Guadalupe County -City of Schertz Public Library Interlocal Agreement. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 14th day of October, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APP ED Hal Baldwin, Mayor ATTEST: r Brenda Dennis, TRMC, CMC City Secretary ATTACHMENT 2008 -09 Public Library Interlocal Agreement City Council Memorandum Page 2 ATTEST: Brenda Dennis, City Secretary 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: 1. 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, 2008 to September 30, 2009 (the "Initial Term "). This Agreement shall thereafter by automatically renewed for succeeding periods of one year (each, a "Renewal Term ") unless either party to Page - I - of Two Pages 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. 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 $14,420.41 (Fourteen Thousand, Four Hundred Twenty Dollars and 41 Cents) on the 15'h 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 Mike Wiggins Guadalupe County Judge CITY OF SCH , TZ, T — -AS B. Hal Baldwin Mayor ATTEST By: _ Teresa Kiel Guadalupe County Clerk Date: ATTEST City Secretary Date: K. L­a -lam -n x Page - 2 - - of Two Pages