ORDER N0.28371
APPROVE 2003-2004 KERR COUNTY MARKET
DAYS AND KERR COUNTY FARMERS'
MARKET USAGE LICENSE
On this the 27th day of October, 2003 upon motion made by
Commissioner Baldwin, seconded by Commissioner Letz, the Court
unanimously approved by a vote of 4-0-0, the 2003-2004 Kerr County
Market days and Kerr County Farmers' Market Usage License and
authorize the County Judge to sign same and approve Special Holiday
Market days for December 2003 and 2004.
2(1(13-2(104 KF,RR C'niTNTY MARKF,T HAYS ANiI KFRR C'nTTNTY FARMF,RS'
MARKET IlSA(:F i.i(:'FNSF
THE STATE OF TEXAS §
COUNTY OF KERR §
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 attractive
and inviting market places for regionally-produced fresh produce, plants, home-made food stuffs, art 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 Market Days and the Kerr County Farmers' Market events are
occurring and further to work with those who have arranged and planned pre-existing events; and
WHEREAS, County desires to assist in continuing to create a new business opportunity for small,
independent entrepreneurs, to continue to create a new attraction in the downtown area, 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, plants, art works, and crafts
rather than to attempt to market 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 area; 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 area and which should,
in turn, 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 Kerr County Market Days and the Kerr County
Farmers' Market 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
farmers' market; and
WHEREAS, Association shall require the vendors at Kerr County Market Days and the Kerr
County Farmers' Market and their patrons to minimize their customers from unnecessarily walking on the
grass of the County Courthouse lawns; and
WHEREAS, Association, through its officers, represents that it possesses the knowledge,
expertise, and ability to manage Kerr County Market Days and the Kerr County Farmers' Market, 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 regionally and locally grown fresh produce, regionally and
locally grown plants, regionally and locally created home-made food stuffs, art works and crafts,
Association, in operating the Kerr County Market Days the Kerr County Farmers' Market will prohibit the
participating vendors from selling or marketing 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 regionally and locally grown fresh produce, regionally and locally
produced plants, regionally and locally created home-made foodstuffs, art works, crafts, goods, and other
items shall be marketed at the Kerr County Market Days and at the Kerr County Farmers' Market; and
WHEREAS, Association will not allow anyone to market products containing more than a minimal
amount of alcohol, used for flavoring at the Kerr County Market Days and at the Kerr County Farmers'
Market and further, Association 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 represents that it will obtain written letter agreements with its vendors at
the Kerr County Market Days and at the Kerr County Farmers' Market which specify the uses vendors may
make of County Courthouse premises in keeping with this agreement; and
WHEREAS, Association 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 for Kerr County Market Days being between
8:00 a.m. until 6:00 p.m. beginning on the second Saturday of December, 2003 and again, on the third
Saturday of December, 2003 and then, on the second and fourth Saturdays beginning in April, 2004 and
ending after the Kerr County Market Days held on the second Saturday of December, 2004 with a special
market to occur on the third Sahirday of December, 2004 or until further order of the County
Commissioners' Court; and
WHEREAS, Association represents that it will provide orientation to the vendors as to what is
expected at the Kerr County Farmers' Market, that Association will promote Kerr Country Farmers' Market
through a variety of means, the anticipated times of operation for Kerr County Farmers' Market being
between 9:00 a.m. until 12:00 p.m. (noon) beginning on the first, third, and fifth Saturday of November,
2003 and ending after the Kerr County Farmers' Market held on the third Saturday of December, 2004 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 garbage, trash, food items,
and refuse and also by each participating vendor providing a receptacle large 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 and the
Kerr County Farmers' Market, configure and use the County Courthouse property to provide adequate and
appropriate parking for disabled persons and the vehicles they utilize to transport themselves to the Kerr
County Market Days and the Kerr County Farmers' Market by measures which may restrict, control,
and/or prohibit parking of other vehicles on the Courthouse property; and
2
WHEREAS, Association has determined the need to charge 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
and the Kerr County Farmers' Market to Association, for related ancillary expenses and to establish a fund
to cover costs and ancillary expenses of the 2003-2004 (and subsequent) Kerr County Market Days and
Kerr County Farmers' Market. Further, in the event that Association and/or County decide to discontinue
future Kerr County Market Days and/or Kerr County Farmers' Markets, Association does agree to remit
any funds not needed to cover necessary costs and ancillary expenses of past, current, or future Kerr County
Market Days and/or Kerr County Farmers' Market 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 November 1, 2003, and end on December l 8, 2004,
and thereafter, from year to year, 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
shall 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 shall be given by
registered or certified United States Mail, postage prepaid, return receipt requested, addressed to Judge Pat
Tinley, 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. For any reason,
should any notice permitted or required to be given hereunder to either Association or County be given by
regular, first-class United States Mail, same shall be made to the parties and at the addresses specified above
but shall be deemed given upon actual receipt by the receiving party.
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. Association further represents that it will obtain written letter agreements with its vendors at the Kerr
County Market Days and at the Kerr County Farmers' Market which specify the uses vendors may make of
County Courthouse premises in keeping with this agreement.
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 its
designees 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 writing signed by all the
parties hereto.
EXECUTED in duplicate originals on this the, th day of October, 2003.
APPROVED AS TO FORM: KERB COUNTY
f ~ _ l ~.. 4
D V T 'Y PATPAT TI~Y ~
Ke ourity Att rney County Judge
KERB COUNTY MARKET ASSOCIATION BY:
L ANN ANDERSON
resident
4
f' ~ ~ ~ f
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FTJRNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: j ~ V ~ ~ OFFICE: ~"o~~~
MEETING DATE: ~ ~ ~ . ~ ~_ TIME PREFERRED: ~ - f~
SUBJECT: (PLEASE BE SPECIFIC)
~~~~~ ~~~r'~~~~ ~~P ~~~r ~~
l/ " ~ ~i~c~1V~ ,~n/~ rlfr~~/z~ ~
~~~
~~~
E3~"`:'UTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: i
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
~, ~iLt ~..5 ~/~~'/ ~ ~%
~~~~ry'7o ~/G~
~ V /~'
/~ ~r//l~~T~ S
pis/~
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. See Agenda Request Rules
Adopted by Commissioners' Court.
.- 1 •~i
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 Judge ~'~~ ~-
MEETING DATE: October 27, 2003 TIlVIE PREFERRED:
SUBJECT: {PLEASE BE SPECIFIC)
Consider and discuss Special Holiday Market Days for December 20, 2003.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REA'
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
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. See Agenda Request Rules
Adopted by Commissioners' Court.
KERR COUNTY MARKET
DAYS
APPROVAL REQUEST
2003 Christmas Market
2004 Market Days
October 27, 2003
Presented by Kerr County Market Association
LuAnn Anderson, President
2003 ACCOMPLISHMENTS
1 Project 320 vendor applicants E-O-Y
1 306 Participants thur 10-	17
I Includes Community &Non-Profit Groups
Fund Raisers	
• Animal Welfare	Kathleen Cailloux Humane Society
• Comfort Public Library	• Kerr County Historical Commission
• Dietert Senior Center	• Kerrville Folk Festival
• Gardeners of Kerrville	• Kiwanis Mop & Broom Sale
• Girl Scout Troop 644	• Maranatha Christian Center
• Hill Country Arts Foundation	• Tivy Debate Club
• Hill Country Master Gardeners	• Tivy Golden Girls
• Hill County Quilt Guild	Women's Chamber of Commerce
• Host Lrons Club	Women's Job Corp
• Juveniles in Need	
2003 Accomplishments cont.,
1 KCMA Christmas Gift Basket Drawing
I Fund Raiser for Dietert
I All Gift Items Donated by Vendors
1 Trash Carts/Service Donated
I Waste Management
Farmers' Market
I Began July, 1st, 3rd & 5th Saturdays, 9-Noon
I Slow Start
I Difficult Growing Year, Late Start
I Better Next Year!
2
2003 Accomplishments ~~ont.,
1 Vendor Fees Funded All Market Costs
12 Free Markets to Everyone
I $8/Market Standard & $12/Market Large Booth
1 Coordinated with Other Events
I Memorial Day
I Election
I Christmas Tree Lighting
1 Monitors from Art Community to Insure
"Homemade, Homegrown"
2003 Accomplishments ~o~t.,
1 Joined Chamber of Commerce, KDBA
1 Expanded Advertising
1 Added local radio ads, increased regional
newspaper ads, added website links
I Listed in local Visitors Guides, Texas Highways
Magazine website
i Rental Canopies for Occasional Vendors
1 Market Helpers to Assist Vendor
Unloading, Set-up and for Customer
Carry-Out Service
3
APPROVAL REQUEST
2003
CHRISTMAS MARKET
1 Request Approval to Conduct Special
Christmas Market
1 December 20, 2003 (3rd Saturday)
t 9 a.m. to 5 p.m.
Additional Market Requested by Vendors
1 All Currents Rules Apply
t Separate Fee & Application Process
Special Ad Campaign
4
2004 MARKET DAYS
1 Request Approval for
Kerr County Market Days 2004
1 Continue Current Guidelines from 2003
1 Continue Farmers Market 1st, 3rd & 5th
Saturdays of Growing Season
1 Revise Agreement to Provide Annual
Extensions
I Termination of agreement allowed by either Kerr
County or K.C.M.A. with 30 days written Notice
Market Days 2004 (conL)
1 New for 2004
1 Fee Structure Revisions
Continue 2 Free Markets for All Participants
Minimal Increase of Fees
• from $8 to $ZO per booth
• aAow maximum of two booths
All $'s Used for Market Operating Expenses
• continue to operate as non-profit
5
Market Days 2004 ,~~.,
1 New for 2004
1 Schedule Revisions
12nd & 4th Saturdays,
April 10 -July 24, 2004 and
Sept li -Dec 11, 2004
- No Markets in August
I Christmas Market Dec 18, 2004
Vision for the Future
1 MORE PRODUCE
1 Expand Customer Base
1 Be a Destination for Visitors
1 Continue to Develop Reputation as
"The Marketp/ace for Quality Goods
from the Hill Country"
6
Implementation
1 Proposal Presented To Commissioners
October 27, 2003
1 Approval Granted
1 Christmas Market December 20, 2003
Market Days 2004
i KCMA Initiate Media Announcements
Vendor Sign-Up Begins
1 Opening Day April 10, 2004
THANK-YOU
Kerr County Market
Association

Attachment 1
p R PART IC (PATIO N
VEND
120
100
80
60
40
20
0
Apr May Jun Dui ~~y
Attachment 2
1 Vendor Participants -Kerr County
1 Center Point - 5
1 Hunt - 4
1 Ingram - 21
1 Kerrville - 97
1 Mtn. Home - 1
1 total 128 ~zooz = iz6~
1 Vendor Participants -Other
1 Austin - 13
1 Bandera - 9
1 Comfort - 5
1 Fredericksburg - 14
1 New Braunfels - 10
1 Pipe Creek - 5
1 San Antonio - 44
"Other" also includes: Atascocita, Atascosa, Bangs, Bastrop, Bellaire, Boerne, Brooksmith, Buda, Bulverde, Camp Wood,
Cedar Park, Comanche, Converse, Cotulla, Devine, Dripping Springs, Floresville, Ft Worth, Galveston, Gatesville, Harper,
Hondo, Horseshoe Bay, Houston, Hutto, Johnson City, Junction, Karnes City, Kempner, Killeen, La Coste, Lago Vista,
Lakehills, Lampasas, LaVernia, Leakey, Live Oak, Livingston, Llano, Lockhart, Medina, Midland, Mission, Nocona,
Ozona, Pflugerville, Poteet, Roosevelt, Round Rock, Sabinal, San Angelo, Seguin, Spring, Spring Branch, Stonewall, Tow,
Utopia, Van Ormy, and Wimberley
Plus
New Orleans, La and Queensbury, New York
Total Vendor Participants
Projected to E-O-Y = 320 ~ZOO2 = ZZO~