ORDER NO.29329 KERB COUNTY FACILITIES BOOKING & RENTAL POLICY Came to be heard this the 22nd day of August, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 3-0-0 to: Approve the draft of the Booking and Rental Policies and incorporate changes thereto. Make Revised Draft available to public at the Commissioners' Court Office. Set Public Hearing for September 26 at 10:00 a.m. ~'~~~ r~~ ~~ ~- COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams MEETING DATE: August 22, 2005 OFFICE: Commissioner, Pct. 2 TIME PREFERRED: SUBJECT: (Please be specific). Consider and discuss draft of Kerr County Facilities Booking & Rental Policy. EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, Commissioner Letz. ESTIMATED LENGTH OF PRESENTATION: I S Minutes. 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: 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 is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. Kerr County Boolang Policy-DRAFT DRAFT-DRAFT KERB COUNTY FACILITIES BOOHING & RENTAL POLICY The Hill Country Youth E%hibit Center and the Union Church are public event facilities owned and managed by Kerr County. These facilities are made available on a first requested basis for any lawful event that meets acceptable community standards. Rules affecting rental of county property are herein stated. 1. A rental contract between Kerr County and lessee is a legal document issued on a "first request basis." It is valid only when signed by the lessee and the Kerr County Facilities Use Manager or authorized designee. No contract will be validated by the Facilities Use Manager without proper deposit or payment in full as noted in the contract. 2. Contracts will be issued on an "as need" basis. Contracts for local events or events requiring short term notice to participants may be issued up to one year in advance. Consecutive multiple-day events requiring long-term notice, such as conventions, horse, or cattle shows, sanctioned by a national organization, may receive contracts up to three years in advance. No date may be held without a contract and deposit. "Tenured" events, those events that have used the facilities for two or more years, are allowed to have first option on the same dates for the next year. Any conflict of dates caused by request ofthe lessee or by calendar, the Facilities Use Manager willinitigate n °~`-"' ~' variations, and that decision will be final. 4. A lessee utilizing the facility for more than two (2) events per year may be issued a "multiple date contract" which allows the lessee to hold two dates with a single deposit. This deposit rolls over after each event and is applied to the next date of the calendar year. However, if the lessee drops one of the dates, Ken County may apply, at its discretion, the deposit to the cancelled date and request other deposits for any or all future dates. 5. Deposits are due with each contract. The amount due is an amount equal to one- halfthe day rental for the facility to be used. All other fees are collected within the dates of the event as specified within the contract. The balance due for rental is payable not less than 10 days before the event. Governmental entities may secure they reservations with a Purchase Order for payment and pay within their normal payment cycle. All other organizations must pay fees due by the conclusion of their event, or as otherwise might be specified in the contract. 6. Refunds will be issued without question outside six months of the event. Within six months of the event, to receive a refund of deposit, another lessee must rent the reserved date for an amount equal to or greater than the amount of the base rental, which would have been generated by the cancelled event. 7. Annual dates for events of the following organizations aze hereby established as "protected dates" by order of Ken County Commissioners' Court: • Hill Country District Junior Livestock Show in January and fundraiser in the month of September. • Texas State Arts and Crafts Fair during the Memorial Day weekend. • Extension and 4-H events as scheduled by the Kerr County Extension Office. These dates must be established each yeaz in January by the Ken County Extension Office. • Kerr County Fair Association in the month of October. 8. Kerr County hereby establishes three rental categories: "Commercial" entities, "Not-for-Profit" organizations, and "Educational events." There shall be no distinction in the Commercial Category of entities from either within or outside Kerr County. To qualify for the "Not-for-Profit" rental rate, organizations must present, or have on file with the Facilities Use Department a current Internal Revenue Service (IRS) SOlc(3) or (6) designation. All other organizations or entities shall be considered "Commercial." "Educational Events" are generally understood to mean those events that aze sponsored by an educational entity and no admission or entry fee is chazged. "Social Events" aze considered as "Commercial" events. 9. Rental rates may, from time to time, be adjusted by order of Kerr County Commissioners' Court. The current rate schedule is attached to this policy booklet, and is available at the Facilities Use Department. 10. Proof of current Comprehensive Public Liability Insurance is required for all events scheduled at Kerr County facilities. $1,000,000 Public Liability insurance for bodily injury or death is mandatory. At least 10 days before an event, a copy of such proof of insurance including a copy of a paid receipt for premium showing the effective dates of coverage must be on file at the Facilities Use Department. 11. For free use of a Kerr County Facility, the event must be: • An event(s) sponsored by the Hill Country District Livestock Show in the months of January and September; • Extension and 4-H events scheduled by the Kerr County Extension Office; • Kerr County Fair Association annual County Fair; • A legally specified County duty, i.e., voting, condemnation, etc.; • Official Ken county business as ordered by Commissioners' Court; • Other events held by County Elected Officials or Departments requesting free use requires advance approval of Commissioners' Court, and may not be scheduled more than 45 days before the event with the exception of a lawfully scheduled election. Exceptions to this notice will be allowed only if Commissioners' Court erants prior approval 12. Prohibited Events are as follows: Dances billed as "open to the public: ' Dances, parties, "mixers" and initiations held by social fraternity or sorority organizations. Events not confornvng to accepted community standards or any event that is scheduled that uses untrue or misleading information provided by the Lessee. 13. Alcohol Policy is as follows: Guests attendine events may not brine alcohol into anv event. "Brine your own bottle" events are prohibited. Alcohol may be sold and/or served providing all Texas Alcohol and Beverage Control (TABC) laws and policies aze adhered to. Additionally, the following rules also apply to the service of alcohol: Alcohol must be served only from area(s) designated by the Facilities Use Department. Bottled beer and/or wine coolers must be served in plastic or stryrofoam cups. If the service of alcohol requires the presence of peace officers, this expense shall be borne by the Lessee. 14. Catering Deposits. All caterers (food and beverage) doing business at the HCYEC shall be required to have a $250 deposit on file at the Facilities Use Department Office which will be used to cover any required clean-up which the caterer fails to perform, or as partial satisfaction for any damages occurring. Any HCYEC space and/or property used by caterers and bartenders must be left in the condition it was found on arrival. Cooking on the premises is allowed only with prior approval of the Facilities use Department. 15. Equipment Rental Tables, chairs, electrical hook-ups, and horse stalls aze available for rent only for on-premises use (which includes river Staz Arts and Events Pazk), and rental rates aze included in the current rental fee schedule. In the event Kerr County does not have adequate equipment suitable to the proposed use or to meet the needs of the Lessee, such equipment will be provided by the Lessee at their expense. Kerr County shall not be responsible in any manner for the care and keeping of this equipment. 16. Set up and Take down fees. A fee of $150 each wffi be chazged the Lessee for setting up or taking down the facility after the scheduled event. 17. Decorations. The Lessee is responsible for their own safety and the safety of others associated with their event during the installation, display and removal of all decorations. Other rules that apply aze: • Decorations causing damage to floors, walls or other surfaces or structures aze not permitted. This includes the application of tape, tacks, nails staples, etc. The Facilities Use Department will advise the type of tape that may be used. A decoration plan must bepre- approved by Facilities Use Department before decorations can begin. • Use of ceiling structures requires prior approval of the Facilities Use Department. • Use of water in decorations is allowed only by special and an additional $100 deposit. • Helium tanks must be secured to a load bearing structure upon arrival in the premises, and remain secured until removed. • Candles may be used for decoration, but must be secured in an appropriate container. • Glitter and/or confetti aze not permitted for use at an event. 18. Available Hours for events. Hill Country Youth Exhibit Center and Arena: 7 a.m to 11 p.m., Sunday through Thursday; 7 a.m. to midnight, Friday and Saturday. The Union Church: 8 a.m. to 11 p.m. Sunday through Saturday. Any event exceeding the established hours of rental will be chazged at the hourly rate for such time used. NOTE: OTHER PROVISIONS GOVERN THE USE OF COUNTY FACILITIES. PLEASE READ CAREFULLY THE LEASE AGREEMENT, AS LESSEE WILL BE RESPONSIBLE FOR ADHERENCE TO THESE PROVISIONS. ADOPTED BY KERR COUNTY COMMISSIONERS' COURT, . 2005.