ORDER NO. 31050
HILL COUNTRY YOUTH EXHIBIT CENTER POLICY AND PROCEDURES
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the amended language in the Policy and Procedures as presented for the Hill
Country Youth Exhibit Center, as follows:
"if an event has more than one sponsor, facility rental shall be determined by a
calculation based upon the status of each sponsor and percentage of benefits to be
received by each sponsor from the event".
i i~
3150
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Bruce Oehler, Pct.4 OFFICE: County Commissioner
MEETING DATE: October 13, 2008 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action regarding the Policy and
Procedures for the Hill Country Youth Exhibit Center.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Oehler, Pct. 4
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:
5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
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 your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
KERB COUNTY FACILITIES
BOOKING & RENTAL POLICY
The Hill Country Youth Exhibit 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
Reservation Agent or authorized designee. A contract will not be validated by Kerr
County without proper deposit or payment in full within 5 working days of
reserving a facility, as noted in the contract.
2. Contracts will be issued on an "as needed" 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,
livestock shows, horse, or cattle shows, trade shows, rodeos, or other events that may
be sponsored by a national organization, may receive contracts up to three years in
advance.
3. 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 of the lessee
or by calendar will be resolved and / or mediated by the Reservation Agent taking
into account the varying circumstances, and the Reservation Agent's decision will be
final.
4. A lessee utilizing the facility for more than two (2) events per year may be offered
a "multiple date contract." All dates that are reserved within the same calendar year
can be held with one deposit. The deposit will be applied to the last event of the
calendar year. However, if the lessee drops one of the dates, Kerr County will apply
the deposit to the cancelled date, and request deposits for any or all future dates.
5. Except for "multiple-date" users, deposits are due with the reservation. The amount
due is an amount equal to one-half the total rental for the facilities and property 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 twenty-one (21) working
days before the event. Governmental entities may secure their reservations with a
Purchase Order for payment and pay within their normal payment cycle. All other
organizations must pay other fees due by the conclusion of their event, or as
otherwise might be specified in the contract.
6. Refunds, less a 20% administrative fee, will be given without question if the
cancellation is six or more months prior to the scheduled event. No refund will be
made for any cancellation made later than 6 months before the event.
7. Annual dates for events of the following organizations are hereby established as
"protected dates" by order of Kerr 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 year in January by the Kerr County
Extension Office.
• Kerr County Fair Association in the month of October.
8. To qualify for the "Not-for-Profit" rental rate, organizations must present, or have on
file with the Reservation Agent a current Internal Revenue Service (IRS) SOlc(3) or
(6) designation. Qualifying as a "Not-for-Profit" organization does not automatically
mean the organization is exempt from charges; it merely means the organization
qualifies to be placed on the "Not-for-Profit" list to be considered by the
Commissioners' Court for a reduced rate. A current list of organizations that have
been approved for a reduced rate can be found on the Kerr County website at
www.co.kerr.tx.us. Reduced rates will apply only to the base rental rate for the
Indoor Arena, Outdoor Arena, Exhibit Hall, Polo Field and the use of the Grounds.
9. Rental rates may, from time to time, be adjusted by order of Kerr County
Commissioners' Court. The current rate schedule is listed on the Kerr County website
at www.co.kerr.tx.us .
10. Proof of current Comprehensive Commercial General Liability Insurance coverage
for bodily injury, death, and property damage with limits of at least $500,000 Per
Occurrence / $1,000,000 General Aggregate is required for all events scheduled at
Kerr County facilities, naming Lessor and Lessee as insured parties under said policy.
At least 10 working 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 with the Reservation Agent.
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 in January of each year by the Kerr County
Extension Office;
• Kerr County Fair Association annual County Fair;
• A legally specified County duty, i.e., voting, condemnation, etc.;
• Official Kerr 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.
If an event has more thane one. sponsor, the facility rental shall be determined by a
catcuIation based upon the. status of each sponsor and the percentage of benefits to 1~e
rccei~~cd by each sponsor from. the event.
Examples:
• A '`fi-eeuser" arld ~a eecognlized non-profit org~~izatiorr jointlysponsor ail
event with proceeds derived to be equally'split between them. The rental
is defennined b~<having '/ of the rental ~chargesbeing imposed under a
`'free user" status and the other ',/z of the rental charges being imposed
Linder a "r~on-profit" status.
• A commercial ~ user, a "tree user" anc~ ~ _a recognized. ,non-profit user
cou~bine to sponsor an event ' with proceeds from the e~-ent to be allocated
as f'ollo~vs: j~z to the colnn~ercial user; Y~ io the non-profit user; zu~d !/ to
the "free user". The rental is aeter.~ainedb~y having 'l ofthe rental charges
being. imposed on a .'`free user" status, 'f-~ of the rectal :charges being
imposed inn a ``nc~n-prolit"status andd~e remaining Yz of the rental charges
being imposed`at the regular commercial rate.
Exceptions to this policy will be allowed only if Commissioners' Court grants prior
approval.
12. Prohibited Events are as follows:
• Stand-alone dances billed as "open to the public."
• Dances, parties, "mixers" and initiations held by social fraternity or sorority
organizations.
• Events not conforming 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: Alcohol may be sold and/or served providing all Texas
Alcohol and Beverage Control (TABC) laws and policies are adhered to, and the
permit conspicuously posted. Additionally, the following rules also apply to the
service of alcohol:
• Bottled beer and/or wine coolers must be served in plastic or stryrofoam cups.
• The service of alcohol requires the presence of peace officers and this expense
shall be borne by the Lessee.
• Liquor liability insurance must be obtained, at an additional cost to the Lessee, if
alcohol is being sold at the event.
14. Catering Deposits. All caterers (food and beverage) doing business at the HCYEC
shall be required to have a $100 deposit on file with the Reservation Agent not less
than ten (10) days prior to the event 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 Reservation Agent.
15. Equipment Rental. Tables, chairs, electrical hook-ups, and horse stalls are available
for rental only for on-premises use, unless otherwise authorized by Commissioners'
Court. This includes River Star Arts and Events Park. The rental rates are 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 Lessee's equipment.
16. Set up and Take down fees. A fee of $300.00 will be charged the Lessee for setting
up or taking down the facility after the scheduled event. Major changes, after the
initial set up, will incur an additional charge of $150.00.
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 are:
• Decorations causing damage to floors, walls or other surfaces or structures are not
permitted. This includes the application of tape, tacks, nails staples, etc. The
Reservation Agent will advise the type of tape that may be used. A decoration
plan must be pre-approved by the Reservation Agent before decorating can begin.
• Use of ceiling structures requires prior approval of the Reservation Agent.
• Use of water in decorations is allowed only by special arrangement and requires
an additional $100 deposit.
• Candles may be used for decoration, but must be secured in an appropriate
container.
• Glitter and/or confetti are not permitted for use at an event.
18. Security. For any event that will utilize the facility after 9:00 PM or where alcohol is
being served, Lessee shall provide at least one peace officer for security for each
100 persons in attendance, but in no event shall Lessee provide fewer than two (2)
peace officers.
19. Access to the facility. Keys to the facility will not be given out to parties renting the
facility. In the event that access is needed, prior to the rental date, the following rules
will apply:
• Access will not be granted if it conflicts with any previously scheduled event.
• The Lessee shall reimburse Kerr County for any incurred costs due to labor or
over-time paid to employees. The minimum fee will be $25.00.
20. 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 that exceeds the established hours of rental for a single day will be
charged at the hourly rate for such additional 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 ON THIS
DAY OF , 2008