ORDER NC. c7$74
fi+F'RRQVE KERR COUI~JTY MFIRY.ET Del'/S R6REEMEfJT
On this 'cne ~Sth day of IUovember, 2kk+~, +apon mr,tion made by
Commissioner Ealdwin, seconded by Commissioner t_ei;z, the Co+_irt
unanimously approved by a vote of 4-0-0, the ='0~ Kerr Coun+,y
Market Days Agreement and a+athorize County Sudye to siyn 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: ~AJ 19 MO"f~Y OFFICE: C.ou n1r~1 ~ -ro a~I~Y
MEETING DATE: t ~ ~ 25 I ZAOY TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
CaA7ti0>:R!(i god +E ~Q-PI'Ro JAZ o~ Zc»3 ~~1~
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"1 K ,day3 sir ~ -~.~„ ;T

EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
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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
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and conm'bute towards you request being addressed at the eazliest 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 Kerr 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, ari works and crafts
as such public purpose activities are inherently good for the citizens of County;
WHEREAS, Association desires to continue to work with other groups who may
reasonably be accommodated while the Kerr County Mazket Days events are occurring and fiirther
to work with those who have arranged and planned pre-existing events; and
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' mazket 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 County
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 the County
Courthouse and intends to cooperate fully and take whatever steps are necessary to minimize all
impacts upon the County Courthouse grounds during the operation of Ken 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 mazket day; and
WHEREAS Association shall require the vendors at Kerr County Mazket Days and their
patrons to stay off the grass on the County Courthouse lawns while doing nothing to prevent others
who choose to enjoy the beauty of the County Courthouse grounds from doing so; and
WHEREAS, Association, through its officers, represents that it possesses the knowledge,
expertise, and ability to manage Kerr County Market Days, with a minimum of disruption to the
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surrounding property owners and to the grounds of the County Courthouse; and
WHEREAS, in a desire to promote locally-grown fresh produce, locally grown plants,
locally created home-made food stuffs, art works and crafts, Association, in operating 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 further, Association shall, in it's sole discretion decide what sorts of
locally-grown fresh produce, locally created home-made foodstuffs, art works, crafts, goods and
other items shall be mazketed at the Kerr County Mazket Days; and
WHEREAS, Association will not allow anyone to mazket 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 Mazket Days, that Association will promote Kerr Country
Mazket Days through a variety of means, the anticipated times of operation being between 8:00 a.m.
unti14:00 p.m. on the second and fourth Saturday of each month beginning on the second Saturday
of April, 2003 and ending after the Kerr County Mazket Days held on the second Saturday of
December, 2003 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 the 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 County Courthouse property until the dumpster is full
and will then haul away any excess garbage, trash, food items and refuse; and
WHEREAS, Association will, during all occurrences of the Kerr County Market Days,
configure and use the County Courthouse property to provide adequate and appropriate pazking for
disabled persons and the vehicles tlrey utilize to transport themselves to the Kerr County Market
Days by measures which may restrict, control and/or prohibit pazking of other vehicles on the
Courthouse property; and
WHEREAS, Association has detemuned the need to chazge a per day usage permit fee
and/or an annual usage 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, such fees to be determined
solely by Association further, Association intends to use said fees to defray the costs of conducting
the Kerr County Market Days to Association, for related ancillary expenses and to establish a fund
to cover costs and ancillary expenses of the 2004 (and subsequent) Kerr County Mazket Days.
Further, in the event that Association and/or County decide to discontinue future (post 2003) Ken
County Market Days, Association does agree to remit any funds not needed to cover costs and
ancillary expenses of future Kerr County Market Days to the County Treasurer;
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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 April 12, 2003, and end on December 13,
2003, unless the term of this Agreement is sooner terminated in accordance with the provisions
hereof and does contain the agreements and duties imposed upon the parties hereto in the preamble,
supra.
II.
Any term of this Agreement may be terminated at will by either party giving the other party
30 days written notice of termination thereof. Any notice permitted 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, % Kerr County Market
Association, P.O. Box 290163, Kerrville, 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, Kerrville, Texas 78028 or to his lawful successor in office. Any notice mailed by
registered or certified United States Mail, return receipt requested, as herein above provided, shall
be deemed given upon deposit with the United States Postal Service.
III.
In performing the services included in this Agreement, Association shall be an independent
contractor and not an employee of County or any department of County. With the exception of the
agreements, goals and restrictions herein-contained, 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 for use of the Courthouse
property 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
3
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
writing signed by all the parties hereto.
EXECUTED in duplicate originals on this the 25th day of November, 2002.
APPROVED AS TO FORM:

Kerr County
KERR COUNTY
<~~ -,.
/ ~~ ~ ,
County Judge
Kerr~County Mazket Ass/ociation by:
L~{Ann Anderson, President
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