The Kyle Library Thrift Shop, operated by the Friends of the Public Library, has been in operation at 100 Lockhart Street since 1989. (Photo by Brenda Stewart)
by KIM HILSENBECK
The Kyle Library Thrift Shop, operated by the Friends of the Kyle Library, wants to expand. But the city says not so fast, at least not until it gets a formal lease agreement in place.
The Friends of the Kyle Library, a nonprofit organization that donates about $35,000 a year to the Kyle Public Library – and raised more than $100,000 for the new library – has been in the building at 100 Lockhart St. since 1989.
Friends volunteer and board member Severene Lackey said the building and the property were given to the Friends by previous owner Jack Johnson. Since the group was not incorporated at the time, it could not own property, so the city acted as a conduit.
But there was no formal agreement between the parties, according to city spokesman Jerry Hendrix. When the Friends decided to put an addition on the building, ownership status became an issue. And then the lawyers got involved.
At the core of the issue, say city leaders, is ownership liability. City officials don’t want to be held responsible for problems, accidents or other potential pitfalls.
“We’re currently liable,” Mayor Pro Tem David Wilson said during a recent City Council meeting. “If someone has an accident, we’re the ones with the deep pockets.”
The council was set to vote on the issue last week, but a late-afternoon revision to the legalese of the agreement didn’t make it to council members until just before they were set to discuss the agenda item.
The council opted to postpone discussion and voting until it had a chance to review the new terms.
The Friends want a 99-year formal lease agreement with the city of Kyle. The city’s lawyer says 25 years is long enough, with three 25-year renewal options. Why won’t the city agree to a 99-year lease?
“The city may find better uses for that property,” said Hendrix. “Twenty-five years is a long time.”
Hendrix said the city values the work and financial donations from the Friends of the Library and seems confident the issues will all be worked out.
The City Council is set to decide next week whether to amend the agreement, which also includes provisions for filing a financial status report and limiting lobbying activities. The Friends of the Library oppose the additional terms as well.
“What I’m doing here tonight is lobbying on behalf of the library,” said Tutta Barton, Friends of the Kyle Library board member and spokeswoman.
Barton also said the nonprofit organization already submits financial reports to both the state and the federal government; group members are not willing to produce a third report for the city. She said the organization would be willing to provide a copy of its financial filings to the city.
The Friends of the Kyle Library founded the city’s first public library in the mid part of the last century. Back then, the friends supported the entire operation as the library was not a city department. Times changed, and the city eventually took over the library, but the Friends continued to support it through donations and volunteer hours – and still do today.
