ORDER h10. c763'-3
RPPROVE RGREEMENT PEl"WF_EIV KERR COUNTY
RhID 1'.EI2R COUNTY MRRKET RSSOCIRTION
On this the 8th day of J~_ily, c:~~~, ~_ipon motion made by
Commissioner flaldwin, seconded 6y Commissioner Let:=, the Co~ar•t
unanimously approved by a vote of 4-0-0, the agreement
between Kerr Ca~_nity avid the Kerr• Goi_mty Market Association for
~.rse of co~_irthoi_ise grounds for bimonthly Kerr Co~_mty Market
days, and authorize the Co~_mty Judge to sign the same.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: ~A J 1 ~ M'~ 1 ~~ `( OFFICE: ~ o ~~ N' ~ `~ A 17c ~~ ~~ ~`~
r
MEETING DATE: 11~fi G G'f~~ ~ TIME PREFERRED: c nr't-`~
SUBJECT: (PLEASE BE SPECIFIC ~~?
~l y1"
-TU~~~ ~C~~ G~~UI~ ~'`~rti1
EXECUTIVE SESSIZSN REQUESTED: ~PT,I;ASE STATE REASON) Y~ ~~
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:

`~ ~ I 1 i '~\ i r~J U Tc
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
THE STATE OF TEXAS
COUNTY OF KERB
This Agreement, made and entered into by and between Ken County, a body corporate and
politic under the laws of the State of Texas, hereinafter referred to as "County," and the Kerr
County Market Association, hereinafter referred to as "Association."
WITNESSETH:
THAT WHEREAS, County desires to provide a location for Association to establish an
attractive and inviting mazket place for fresh produce, home-made food stuffs, art works and crafts
as such public purpose activities aze inherently good for the citizens of County;
WHEREAS, County desires to assist in creating a new business opportunity for small,
independent entrepreneurs, to create a new attraction in the downtown azea and to encourage youth
participation in agriculture-based business through F.F.A., 4-H and other like organizations; and
WHEREAS, County recognizes the lack of acentrally-located farmers' market where those
mentioned above could gather to market their produce, home-made food stuffs, art works and crafts
rather than to attempt to mazket them along roadside or from their houses, the result being
centralization of these activities which should create a real potential for new community activity
and attraction of visitors to the downtown azea; and
WHEREAS, when compared to the status quo, the increased traffic in the Courthouse area
should cause increased foot traffic downtown which should aid all merchants in the azea and which
could generate greater tax revenue to area governmental bodies; and
WHEREAS, Association fully understands the historical significance of County Courthouse
and intends to cooperate fully and take whatever steps are necessary to minimize all impacts upon
the Courthouse grounds during the operation of Kerr County Mazket Days and further, should there
be any substantial damage to said grounds, Association shall reasonably restore the County
Courthouse grounds to their original condition following each market day; and
WHEREAS Association shall require the vendors at Kerr County Mazket Days and their
patrons to stay off the grass on the Courthouse lawns while doing nothing to prevent others who
choose to enjoy the beauty of the Courthouse grounds from doing so; and
WHEREAS, Association, through its officers, represents that it possesses the knowledge,
expertise, and ability to manage Kerr County Mazket Days, with a minimum of disruption to the
surrounding property owners and to the grounds of the County Courthouse; and
WHEREAS, in a desire to promote locally-grown fresh produce and locally created home-
made food stuffs, art works and crafts, Association, in operaturg the Kerr County Market Days will
prohibit the participating vendors from selling or mazketing any used items, live animals,
commercially manufactured goods or any item purchased for the purpose of re-sale, exclusive of
produce; and
WHEREAS, Association will not allow anyone to market products containing alcohol at the
Kerr County Mazket Days and will not allow anyone to remain upon the premises if he or she is
consuming, using or obviously under the influence of alcohol or any controlled substance; and
WHEREAS, Association further represents that it will provide orientation to the vendors as
to what is expected at the Kerr County Market Days, that Association will promote Kerr Country
Market Days through a variety of means, the anticipated times of operation being from 8:00 a.m.
unti16:00 p.m. on the second and fourth Saturday of each month beginning on the second Saturday
of July, 2002 and ending after the Kerr County Mazket Days held on the fourth Saturday of
December, 2002 or until further order of the County Commissioners' Court; and
WHEREAS, it is the expressed intent of Association to enforce the specific requirements
herein listed, County grants whatever authority needed for Association to control its usage rules by
terminating the letter of agreement between Association and any offending vendor; and
WHEREAS Association represents that it, along with the vendors, will use their best efforts
to keep County Courthouse grounds neat and clean by removing any items of gazbage, trash, food
items and refuse and also by each participating vendor providing a receptacle lazge enough to
accommodate all waste generated at his or her permitted location and will dispose of same in the
dumpster bin on the northwest portion of the Courthouse property until the dumpster is full and will
then haul away any excess gazbage, trash, food items and refuse; and
WHEREAS, Association is preparing plans to charge a permit fee to each participating
vendor based upon the size of the space used by said vendor and the duration or frequency of the
vendor's usage and when said plan becomes operational, Association agrees to remit all such
permit fees to the County Treasurer;
NOW, THEREFORE, County and Association, in consideration of the mutual promises
herein expressed and the compensation herein agreed to be paid, covenant and agree to and with
each other as follows:
I.
The term of this Agreement shall commence on July 13, 2002, and end on December 29, 2002,
unless the term of this Agreement is sooner terminated in accordance with the provisions hereof.
II.
The term of this Agreement may be ternnated at will by either party giving the other party
30 days written notice of termination thereof. Any notice pemutted or required to be given
hereunder to Association may be given by registered or certified United States Mail, postage
prepaid, return receipt requested, addressed to Ms. LuAnn Anderson, `/o Kerr County Market
2
Association, P.O. Box 290163, Kemille, Texas 78029-0163. Any notice permitted or requested to
be given hereunder to County may be given by registered or certified United States Mail, postage
prepaid, return receipt requested, addressed to Judge Fred Henneke, Kerr County Courthouse, 700
Main Street, Kemille, Texas 78028. Any notice mailed by registered or certified United States
Mail, return receipt requested, as herein above provided, shall be deemed given upon deposit in the
United States Mail.
III.
In performing the services included in this Agreement, Associations shall be an independent
contractor and not an employee of County or any department of County. County shall not direct or
supervise Association as to the manner, means, and method in which it performs its services but
shall look to Association for results only.
IV.
It is understood that County is contracting with Association and that all of the services to be
performed under this Agreement shall be performed by Association and by no other entity or
person. Association shall not make, in whole or in part, any assignment of this Agreement or of
any duty or obligation of performance hereunder.
V.
In performing the services hereunder, Association agrees to comply with all applicable
federal, state, and local laws, regulations, rules, and ordinances now in effect or that may hereafter
be promulgated, including but not limited to laws and regulations outlawing discrimination based
upon race, gender, color, creed, ethnicity, national origin, religious beliefs, sexual orientation or
disability and further, Association will require the same compliance with the laws, regulations, rules
and ordinances of its vendors and may enforce same by terminating the letter of agreement
between Association and any offending vendor.
VI.
This instrument contains the entire agreement between the parties hereto relating to the rights
herein granted and the obligations herein assumed. Any oral representations or modifications
concerning this instrument shall be of no force or effect excepting a subsequent modification in
wrifing signed by all the parties hereto.
3
EXECUTED in duplicate originals on this the ~ day of July, 2002.
APPROVED AS TO FORM:
DAViD MOTLEY
Kerr C~o xri~t rn
d
KERB COUNTY
HENNEKE
County Judge
Kerr County Mazket Association by:
Ann Anderson, resident
~l R~ ~re~~r-~--s ~~rc ~.
K~rrV~Z~~, (X 7~DZg