COVET ADJOCENED AT 4:35 O'CI,UC% P.M. ON MAY 12, 1959 Julius H. lieanhoffer David H. Brewton v. D. Powell Adolph Bartel Hoger 8. stone COiTRT HHCONPENAED for a Speaisl Term of Court oa May 23, 1959, at 10:00 O'clock, A.M. wit}} the following offloere present: Emmia M. Muenker County Judge Commissioner Preo. 1 Commissioner Prso. 2 Cosmissioner Prea. 3 Cmmmiseioaar Preo. 4 and County Clerk and the Court having duly opened, the following proceedings were had, to-wit: o-o-o-o-o-o-o-o H0. 828$ FIHE ,FbCMTIH9 CONTBAC2 wITR CITY OF %EHR9II,I,B FOH ONB YEAH BHOINNINB JDHS 7.,1959 . On this the 23rd day of May, 1959, Dame on to ba heard and considered the matter of the Oourt authorising the dodge to enter into Coatreot Tor Fire -F1~kting. with the Cii:y of for one year, %errville,{ said Contract to include the two provisions entered by the City of %errville:{ upon motion duly made by Commieeloner Brewton, seconded by Commissioner Stone, and vaa2tim approved, the approved Contract ras entered into by and between Commiesioner~e Court ssnd City Council, at the City of %errvills, Texas. „~-~•:~.. TES STATE OF TEAS [ o-o-o-oRo-o-o-o C O N T R A C T COUBTY OF KEHH [ This agreement made and entered into by and between the CITY OH %EBHYILLE, KERB OOIINTY TH%A$, hereinafter oallsd party of the first part., acting pursuant, to the resolution hereto attached, through its Mayor and attested by its City Clerk, and SBHH COiIHTY, TH%A$, hersin- aftss oallsd party of the second part, noting through the Ooamieeioner'e Court of such Count pursuant to theorder of the said Commiseioaer's Court, a copy of which ie hereto attached: YITHESSETHs The Party of the First Part agrees to furnish for the use and benefit of oiti:en~e of %srr County, Tezae, outside of the city limits of the City of %errville, Texan, its fi:n trueks and other fire lighting equipment, together with personnel to maintain and openite ths, same fora periofl of one year, beginning on the let day o1 Jnne, 1959, and tsrainatiag oa thl 31st day of May, 1960, under the following terms and conditions, to-wits A. The Party of the Birst part through it^ employees, will go to and assist 1n ;proper fir prevention, fire fighting and fire safety anywher within %srr Oounty, Tezas, during the period of this contract, rhea ealled to do so. Ia this ooaasetion, it ie underet o~od tha+ the report of aqy fire outside the city limits of the City of 8errvills, Tezae, shall 'be sufficient notion for the party of the first part, through its employees, to go to the loca- tion of said fire, wlth its fire trucks and fire equipment for firs fighting, fire pre~rentio~ and fire safety, and further it is understood and agreed betrssn the parties hereto that this contract and agreement is under the oonditioas and terms of Art. 2351a-1 of the 8svieed Civi: Statutes of the State of Tezae. The es provisions shall, however, ba aubjeot to such modifi- oatioaa ae my~ result from Part 0 hereof. B. Ths Party of the First Part shall, at the end of sash calendar sonth, furnish the Party of the Second Part with a list of all calls answered by the fire fighting equipment of the Party of the First Part to points in Kerr County outside of the corporate limits of the Oity of %err~ills, Tezas. As oompeasatioa for fire proteotioa sarvloes readerd by the Part; of the First Part, the Party of the Saoond Part agrees to pey to the Party of the First Part the sum of 1150.00 for each such ealled answered,. payment to be Wade within 30 days of~ths receipt of euoh above deaoribed list of sells. These provisions shall, hoxever, be eubjeot to such modifioations ae may result froa Part C hereof. C. The Party of the Second Part reserves the right to designate at a~ time during the life of this oontraot speolfio geographiosl area of Kerr County, Taus, wherein the Party. of the First Part shall reoslve no eoayenaetion or re-imbursement as otherwise provided for in Part B hereof for the answering of any fire Call within euoh areas unless euoh Dell shall have been made by designated authorities. $uoh gsographlosl~areas and euoh designated auth- orities shall be defined by orders of the Kerr County Commiseioaers Court entered upon the minutes of said Court, and woh orders shall •ifeot the terms of this oontraot upon reoeipt of s duly attested Dopy by the Party of the First Parl. It ie further agreed that in event Party of the First Part answers a lire Dell within the geographiosl limits of the jointly owned City-County airport, the Psrty oY the Second Part shall only pay the Party of the Hire Part fifty peroent of the amount otherwise provided for in Part B hereof{ nuely 175.00. D. The parties further agree that this ooatraot may be renewed ae written or wick mod! tiaationa thereto by order of the Commieelonere Court of 8err Oouaty, Tszas, taken within fifteen (15) days of the szpiration data hereof, and letter aooeptanaa by the Party of Lhe First Part. B. The County o! Kerr agrees to idemaify and hold hRrmlees the City of Kerrville for any damage^ or injuris^ to employees, agents, rorkaan or firemen of the City of Lerrville o'. to axp person or persona property ae a result of answering or performing fire Calls outside the City of Kerrville. Should aRY person asserting alsla, Causes of notion, or file suit for danage• to his person, or hie property, then the Coaaty of Lerr agrees to defend all au Claims, Causes of aotion, or suite= provided, hoxever, that by this agreement the County do not waive ba4 egioitisallj~resdrwe every Common lar defense which it might otherwise plead with reap 4pt to any person injured in hie person or proppesrty or both se above set out. F. ~t is understood and agreed that, should Lhe Qity of Lerrville'^ Fire Inauranae B4 be jeopsrdised is a~ moaner, u s result of answering fire oa1L outside of City limits, then the City of Kerrville shall have the right to terninate this agreement upon immediate notio• either written or oral to the County of 8err. Bzeouted this the 23rd day of Msy, 1959 ATTN3T: (CORPORATE SEAL) CITY OF K888YZLLN, TBEA3 Dudley d. Johnson $Y Manley K. Cooper City Olark Major ATTEST: (SEAL) KENB COUNTY, TB1A9 Bmmie M. Muenksr Hy Julius B. Neunhoitsr County Clerk, Kerr County County Judge o-o-o-o-o.-o-o-o-e N0. 8289 APPBOYAL OF TPsRRACIN6 IN PRBCINCT N0. 4 On this the 23rd day of May, 1959, on motion duly made by Commissioner Brewton, by Comoieeioasr Powell and uaaaimouely approved by the Court that the application of Allen L. Townsend and L. W. Pollard of Preoinot No. 4 be approved and Contrast entered into by and between the Coamieeionsr of said Preolnot and aforementioned parties, ae per oontraots oa file, under Article 23720. N0. 8290 APPROVAL OF CL1IM TO o-o-o-o-o-o-o-o FOBD Q&NTBN FOB SHERIFF'S CAH On this the 23rd day of May, 1959, Dame on to be Considered the Claim of Phillipe- Snhrelner Forfl Oeatsr, is the amount of =1448.00 for 1959 4-Hr Sedan, to be used by the Sheriff's Department. IIpon motion duly made by Commissioner Stone, seconded by 6ommieeioner Hertel and unanimously approved, that said sum be paid out of general Fund. o-o-o-o-o-o-o-o