ORDER NO 28553
AUTHORIZE TEXAS ARTS AND CRAFT FOUNDATION
TO USE ELECTRICITY
On this the 8`" day of March 2004, upon motion made by Commissioner Letz, seconded
by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to
authorize Texas Arts and Craft Foundation to use electricity and pay for the electric costs
associated with the outside rodeo arena at the Hill Country Youth Exhibit Center for the
River Star Arts & Event Park.
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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: Jonathan Letz
MEETING DATE: March 8 4
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Commissioners' Court
TIME PREFERRED:
Consider and discuss authorizing Texas Arts and Craft Foundation to use electricity and pay
for the electric costs associated with the outside rodeo arena meter at the Hill Country Youth
Exhibit Center.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Comm. Pct. #3
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.
Consider and discuss authorizing the TACF to use electricity and pay for the electric
costs associated with the outside rodeo arena at the HCYEC.
I brought this to the attention of the court at the last meeting. The TACF needs electricity
to continue their construction activities. They are waiting on KPUB to provide permanent
new service. In the interim they have asked that they be allowed to use electricity out of
one of the county electric meters and they will pay all costs of that meter as long as they
are using this electricity. This will not cost the county taxpayers and funds.
Jonathan Letz
Bob Miller
From: Bob Miller [rbm@tacef.org]
Sent: Thursday, March 04, 2004 11:40 AM
To: Dane Tune; Pat Tinsley; Mike Lowe; Lamar Hodges; Dawn Wright
Subject: Utility Issues at River Star Arts & Event Park
I am sending this email to the Kerr County Judge and County Commissioners, Mr. Dane Tune,
Asst. City Manager, Mr. Mike Lowe, The River Star Construction Contractor, and the
Executive Board of the Foundation. Purpose of the email is to primarily formally request
the Kerr County Commissioners help seek access to utilities at the new park and waiver of
utility fees as discussed in the memo. It is also to make sure that all the parties are on
the same page as the Foundation is on a very short fuse with our current construction of
the park and the Fair scheduled for May 28th.
Water:
Requirements: The Foundation requires a 2" and a 1" water service off of one tap. 2" to
service Park irrigation needs and 1" to service Park bathrooms and the Park & Foundation
office building. The water service needs to be in place by April 15, 2004 in order to move
into the office building as planned. Because we are located outside of the city limits,
the County needs to obtain approval from the city to connect to water and sewer. If we use
city water, we will be paying 1.5 times the normal rate charged to water users inside the
city.
History:
On March 3rd I paid $2,092.20 to the City of Kerrville for water service at River Star.
The intention being to tap an existing water line on the property for office use and for
irrigation use. A couple of hours later Mr. Dane Tune called to inform me that there was a
potential problem in that anyone outside of city limits requesting city water needed
approval of City Council according to Kerrville City ordinance. In discussions with County
Commissioners Bill Williams and Jonathan Letz, in the early stages of negotiating our
lease with Kerr County executed in November 2002, the Commissioners felt there was an
agreement with the city for additional taps at the Ag Barn acreage for both water and
sewer. In fact, our Foundation went before the Kerr County Commissioners and received
approval for two sewer taps and one water tap supposedly under that agreement with the
city. The City and the County have both been asked to research their records for evidence
of such an agreement. At this point neither has found an agreement that includes a water
tap.
Current Status: My understanding is that the County needs to request and receive approval
from the City for a water tap. Other option possibilities would be to tap into a current
water line on the Ag barn site, or drill our own well on the property. I am asking with
this email for the Kerr County Commissioner Court to request permission to tap on the
existing water line per the February 24, 2004 quote from Mr. C. Y. Guthrie.
Sewer:
Requirements: The Park needs a sewer connection located adjacent to the rodeo arena to
service the bathroom building and the office building. In the future we will need a sewer
tap on the opposite end of the property (adjacent to the Highland Yacht Pub) when a second
bathroom facility is installed.
History: In discussions with County Commissioners Bill Williams and Jonathan Letz in the
early stages of negotiating our lease with Kerr County executed in November 2002, the
Commissioners felt there was an agreement with the city for additional taps at the Ag Barn
acreage for both water and sewer. In fact, our Foundation went before the Kerr County
Commissioners and received approval for two sewer taps and one water tap supposedly under
that agreement with the city. In this case there does appear to be documentation of an
agreement for additional sewer taps at the Ag Barns according to Mr. Dane Tune. There is a
4" line close to the Park property which according to our contractor, JM Lowe Company, has
been inspected by Weldon Plumbing and will handle the additional load proposed by our
usage.
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Current Status: Our current plans do not include a new tap into the city sewer rather to
tap into the existing 4" sewer line on the Ag Barn property. Mr. Tune informed me that
there would be a $1,000 fee levied as capital recovery costs when we make that sewer
connection. There may or may not be ordinance language which would allow the city to waive
this capital recovery fee. As we are adding another facility onto an existing line, I am
unclear whether the capital recovery fee is based on recovery of the costs of the tap or
the increase in sewage volume or some other basis. I am requesting with this email that
the Kerr County Commissioners Court grant permission to tap into the existing line on the
AG Barn property and if possible to request a waiver of this fee from the City of
Kerrville.
Electricity:
History: In order to make the new River Star Park available for a variety of events
throughout the year we have planned for extensive underground electric service on the
grounds. KPUB has submitted a cost to supply the required service and move one power pole
of $6,022. Mr. David Aldrich, of KPUB, has indicated that if the Park could show that it
will be of benefit to the community and will use enough power over time to justify KPUB
absorbing the service installation costs that the KPUB Board might waive these costs. I
asked Mr. Aldridge if KPUB would go forward with plans for installation of the service
without the payment requested while the request for waiver was being considered. I
indicated that if he would allow that we would commit to pay the bill if the waiver was
denied. We do not have the $6,000 in our construction budget but we can find something to
cut to eliminate in order to obtain power on the site.
Current Status: We have few options in this case. KPUB can waive the fee or we can find a
way to pay the fee. Ms. Sudie Burditt has submitted a letter for the Kerrville CVB
indicating the need and the potential of our Park. I am requesting with this email a
letter from the Judge Tinley or the Commissioners Court, which ever is appropriate, to
KPUB requesting a waiver of this fee based upon the benefits to enjoyed by the County and
the City of this state of the art outdoor event park. My understanding is that the KPUB
board meets on March 15th and that a letter would need to be in the KPUB office by March
8th or 9th.
In summary, we are being asked to pay over $9,000 in fees to provide utilities to the
River Star Park which is being build to service not only the Foundation, which is a major
economic generator to the city as well as the county each year, but the park will generate
additional events which will in turn provide additional revenues throughout the city and
county. Like every other non-profit organization we are operating of very limited funds
and will be investing over $130,000 of our funds in the park this year as well as
approximately $200,000 of grant funds in this years construction budget. We are heavily
invested in this project and are asking for a small level of community support in
providing utilities to the site. Your help and support in these matters will be sincerely
appreciated.
Texas Arts & Crafts
R. B. Miller
Executive Director
P. O. Box 291527
Kerrville, Texas 78
Office 830 896 5711
Cell 830 459 2120
Educational Foundation
329-1527
Fax 830 896 5569
Email rbm@tacef.org
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