Order No. 28361
USE OF HOTEL OCCUPANCY TAX REVENUES FOR CONVENTION
CENTER FACILITIES and BUDGET AMENDMENT
On this the 14th day of October 2003 upon motion made by Commissioner Baldwin,
Seconded by Commissioner Letz, the Court unanimously approved by vote of 3-0-0 to
approve the Agreement between City of Kerrville and the County of Kerr for use of Hotel
Occupancy Tax Revenues for improvement of Convention Center Facilities for the
purchase of Bleachers and an Ice Machine increase the budget by $3859.00 and authorize
County Judge to sign same.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Pat Tinley OFFICE: County Jude
MEETING DATE: October 13. 2003 TIlVIE PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approval of the Agreement between City of Kerrville and the County of
Kerr for use of Hotel Occupancy Tax Revenues for improvement of Convention Center Facilities
(Hill Country Youth Exposition Center} and authorize County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
County Judge
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
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

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
Adopted by Commissioners' Court.
See Agenda Request Rules
AGREEMENT BETWEEN CITY OF KERRVILLE AND THE COUNTY OF KERB
FOR USE OF HOTEL OCCUPANCY TAX REVENUES FOR IMPROVEMENT OF
CONVENTION CENTER FACILITIES (HILL COUNTRY YOUTH EXPOSITION
CENTER)
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THIS AGREEMENT, made and entered into this r day of ~ 2003,
between the City of Kerrville, Texas, a home rule municipal corporation, here after referred to as
"City", and the County of Kerr, a subdivision of the State of Texas, hereinafter referred to as "County".
WITNESSETH:
WHEREAS, the City levies a tax within the City and its extraterritorial jurisdiction upon the
occupancy of any room or space furnished by any hotel or motel and, pursuant to the provisions of
Chapter 351 of the Texas Tax Code, the City may use such tax revenues for the construction,
improvement, enlarging, equipping, repairing, operation, and maintenance of convention center
facilities; and
WHEREAS, County owns and operates an exhibition hall and convention facility located within
close proximity to the City's incorporated limits which is known as the Hill Country Youth Exposition
Center ("the Center"); and
WHEREAS, the Center is used throughout the year for conventions, exhibitions, and other
similar events which attract tourists and convention registrants to the City; and
WHEREAS, County has requested an allocation of City's hotel occupancy tax revenues for the
2003-2004 fiscal year to be used by County for the purpose of making certain improvements to the
Center;
NOW, THEREFORE, in consideration of the covenants and conditions stated herein, and in
consideration of the mutual benefits which will accrue to each of the parties hereof, as well as to the
citizens of the City of Kerrville, Texas, City and County agree as follows:
ARTICLE I
In consideration of County's agreement to enter such contracts as may be necessary to renovate
and improve the Center's concession facilities as specifically described in that certain funding
application submitted to City by the Commission, dated June 12, 2003, which application and its
attachments are on file in the office of the City Clerk, incorporated herein by reference, and made a part
of this agreement for all purposes (hereafter referred to as "the Project"), City agrees to pay the County
the sum of THREE THOUSAND EIGHT HUNDRED FIFTY-NINE AND NO/ 100 DOLLARS
($3,859.00) toward the performance of the Project.
ARTICLE II
Payment of funds shall be on a reimbursable basis; however, except as noted below, no payment
during any calendar quarter shall exceed an amount equal to one-fourth (1/4) of the amount granted
herein. Reimbursements shall be paid on or before the following dates: November 15, 2003;
February 15, 2004; May 15, 2004; and August 15, 2004. To receive payment, County must submit a
written request to the City accompanied by a copy of an invoice issued to County requesting payment for
services rendered in furtherance of the purposes set forth in this Article I not later than 15 days prior to
the above payment dates. Any request submitted later than the 15th day prior to the above pa yment dates
will be carried over to the next payment date. The amount of any request for reimbursement which
exceeds the maximum amount for the quarter in which it is submitted shall be carried over and added to
the reimbursement request for the next quarter. In addition, if any reimbursement request during a
calendar quarter is less than the maximum reimbursement amount, the balance of the unpaid amount
shall be carried over and added to the maximum reimbursement amount for the next quarter. County
shall have the discretion to determine how to allocate the funds granted by the City among the permitted
uses described above; however, the City's obligation to reimburse County shall not exceed $3,859.00,
nor shall the City be obligated to reimburse County for requests delivered to City after August 15, 2004.
County shall establish a separate bank account to deposit the funds provided pursuant to this
Agreement, in order to avoid commingling of the funds with County's other funds and accounts.
ARTICLE III
County agrees, upon request of City, to provide City with copies of requests for bids, bid
submissions, and contract documents related to any request for payment submitted to City.
ARTICLE IV
County understands that monies paid by City to County under this Agreement are derived from
the tax revenues collected under the City's Hotel Occupancy Tax Ordinance and that the City has
estimated said tax revenues to be collected during the term of this agreement in its budget for the fiscal
year 2003-2004. County further understands, acknowledges, and agrees that if the tax revenues actually
collected by the City are less than the estimated tax revenues to be collected during the City's fiscal year
2003-2004, City will be under no obligation to reimburse the County for the full amount set forth in
Article I, above.
ARTICLE V
The term of this agreement is for a period beginning on October 1, 2003, and ending on
September 30, 2004.
ARTICLE VI
In conjunction with its request for payment, County shall provide to City a written report and full
documentation showing the expenditures made on the Project and that the funds provided by City
pursuant to this Agreement were used only for the performance of the Project and the purposes
authorized by Texas Tax Code §351.101, as amended. County shall maintain books of account with
correct entries of all expenditures that are made according to the terms of this agreement and of funds
allocated from other sources. Any and all books of account of County relating to the use of the funds
AGREEMENT BETWEEN CITY OF KERRVILLE AND KERR COUNTY
FOR HILL COUNTRY YOUTH EXPOSITION CENTER IMPROVEMENTS (2003-2004) -PACE 2
provided hereby shall be at all times open to the inspection of the City or any of its officers or duly
authorized agents. Upon such inspection, the City or its officers or agents shall be afforded the
opportunity on premises to make photographic copies of any and all documentation of books of account,
including but not limited to statements of account relating to the disposition of funds provided by the
City under this agreement and funds allocated from other sources. County shall maintain these boo ks of
account in Kerr County for a period of three (3) years following the expiration of the term for which they
are applicable. Notwithstanding Article II, above, City shall be under no obligation to make any
reimbursements if the reports required by this Article VI have not been delivered to City.
ARTICLE VII
This Agreement does not create any joint venture, partnership, or agency relationship between
City and the County, it being the intent of the Parties that County shall at all times be and operate
hereunder as an independent contractor. County shall have exclusive control of, and the exclusive right
to control the details of the work to be performed hereunder and all personnel performing same, and
shall be solely responsible for the acts and omissions of its officers, members, agents, scrvants,
employees, subcontractors, program participants, volunteers, licensees, and invitees. In no event shall
any person participating in or performing any of the County's duties or responsibilities hereunder be
considered an officer, agent, servant, or employee of the City.
ARTICLE VIII
In the event of any default by County hereunder, including, but not limited to, use of the funds
provided herein for purposes other than those stated in Article I, above, City may cease all future
payments hereunder and terminate this agreement. In addition, County shall, at City's request, refund to
City funds that are not spent in accordance with this agreement and any unspent and unobligated funds
previously paid to County.
ARTICLE IX
County agrees to assume and does hereby assume all responsibility and liability for damages
sustained by persons or property, whether real or asserted, by or from the carrying on of work or in the
performance of services performed and to be performed hereunder. To the extent allowed by State law,
and without waiving County's claims or defenses of sovereign immunity, County covenants and agrees
to, and does hereby indemnify, defend and hold harmless the City and all its officers, agents, and
employees from all suits, actions, claims, and expenses of any character, including attorney's fees,
brought for or incurred on account of any injuries or damages, whether real or asserted, sustained by any
person or property by or in consequence of any negligent act, omission, or conduct of County, the
Commission, and their respective agents, servants, employees, or contractors.
ARTICLE X
AGREEMENT BETWEEN CITY OF KERRVILLE AND KERR COUNTY
FOR HILL COUNTRY YOUTH EXPOSITION CENTER IMPROVEMENTS (2003-2004) -PAGE 3
This agreement may be amended by the mutual agreement of the parties hereto in writing to be
attached to and incorporated into this agreement.
ARTICLE XI
County shall adhere to all local, state, and federal laws and regulations that may affect its actions
made pursuant to this Agreement, and shall maintain in effect during the term of this agreement any and
all federal, state and local licenses and permits which may be required of County generally.
ARTICLE XII
County may not assign this Agreement without the written consent of the City Manager, or his
designee.
ARTICLE XIII
The waiver by City of any breach of any term, condition, or covenant herein contained shall not
be deemed a waiver of any subsequent breach of the same, or any other term, condition, or covenant.
ARTICLE XIV
The obligations of the parties to this agreement are performable in Kerr County, Texas, and if
legal action is necessary to enforce same, exclusive venue shall lie in Kerr County, Texas.
ARTICLE XV
This agreement shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas.
ARTICLE XVI
This agreement maybe executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument.
ARTICLE XVII
Neither City nor County shall be required to perform any term, condition or covenant in this
agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts
of God, civil riots, floods and any other cause not reasonably within the control of City or County except
as herein provided, and which by the exercise of due diligence City or County is unable, wholly or in
part, to prevent or overcome.
ARTICLE XVIII
AGREEMENT BETWEEN CITY OF KERRV[LLE AND KERB COUNTY
FOR HILL COUNTRY YOUTH EXPOSITION CENTER IMPROVEMENTS (2003-2004) -PAGE 4
This agreement embodies the complete agreement of the parties hereto, superseding all oral or
written previous and contemporary agreements between the parties that relate to matters in this
agreement.
SIGNED AND AGREED by City and County on the dates indicated below.
CITY OF KERRVILLE, TEXAS
By
S pen P. Fine, Mayor
Date
COUNTY OF KERB
B
I ley, ounty Judge
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Date
ATTEST:
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Bren a .Craig, Ci lerk
APPROVED AS TO FORM:
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Michael C Hayes, ty Attorney
ATTEST:
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J ett Pieper, County C erk
E:LEGALIFINANCE~CONTRACT,HTL-MTL`~KERR CO (YOUTH EXHIBIT CTR) 200LDOC
AGREEMENT BETWEEN CITY OF KERRVILLE AND KERR COUNTY
FOR HILL COUNTRY YOUTH EXPOSITION CENTER IMPROVEMENTS (2003-2004) -PAGE 5