January 12, 1979
The Honorable Julius R. Neunhoffer
County Judge, Kerr County
Kerrville, Texas 78028
Re: City-County Fire Contract
Dear Judge Neunhoffer:
On January 9, 1979 the Kerrville City Council, meeting in
regular session, considered and approved your request in
regard to the "hold harmless" clause, as requested in your
letter of December 29, 1978.
K
CITY OF KERRVILLE, TEX HS
Accordingly, the new and effective Section 4 of subject
Contract now reads as follows:
"The County of Kerr agrees to indemnify and hold
harmless the City of Kerrville for any damages
or injuries to any person, or the property of
such person, who is not an employee, agent, workman
or fireman of the City of Kerrville, which damages
or injury results from answering or performing fire
calls outside the City of Kerrville."
Your cooperation in this matter is appreciated.
incerely,
J. Louis Odle
City Manager
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cc: Mr. Curtis Meade, Jr., Fire Chief
Mrs. Gene Barton, City Clerk
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JULIUS R. NEUNHOFFER
EX•OFFIOIO COUNTY 60HOOL SYPE0.INTENDENT
COUNTY JUDGE. KERB COUNTY
KERRVILLE, TEXAS 78028
November 22, 1978
PHONE 672-277-7093
Mr. J. Louis Odle
City Manager
City Hall
Kerrville, Texas 78028
Dear Mr. Odle:
Thank you for your letter of November 16, 1978 written in response
to my letter of October 27, 1978 regarding the present City-County
Fire Contract. Xour explanation of the requirements for standby
fire protection for Mast helicopter landings was the first occasion
on which this matter had been brought to Kerr County's attention.
The Commissioners' Court has reviewed the City's proposal to share
equally in the cost o£ providing this service, and I wish to advise
that Kerr County concurs therein. We accordingly agree to pay
$125.00 to the City of Kerrville for each such call made by the City's
Fire Department.
Thank you for the cooperation which has been extended us in the matter
of completing our negotiations of our fire fighting contract.
Very truly yours,
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J 'lius R. Neunhoffer ~'.~'
~ounty Judge 4"
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November 16, 1978
The Honorable Judge Julius R. Neunhoffer
County Judge, Kerr County
Kerrville, Texas 78028
Re: City-County Fire Contract
Dear Judge Neunhoffer:
Further, with respect to our correspondence in regard to subject.
K
CITV OF KERRVILLE, TEXgS
The Kerrville City Council is in agreement with all the points
of your letter to me dated October 27, 1978, with the exception
of charges for responses to Mast helicopter landings. At their
special work session on November 13, 1978, the Council discussed
this matter and stated that it is their consideration that the
responding to calls of this type and the Military rendering of
the helicopter service is an asset to the community. Accordingly,
it is the Council's view that this is a joint City-County respon-
sibility with a justifiable split cost for the service. Therefore,
the Council is agreeable to billing the County in the amount of
$125.00 per each response made. This represents what we consider
to be only the County's portion of the rendering of this service.
We have looked into the basis for the furnishing of fire equipment
for Mast helicopter landings and I am attaching with this letter
a copy of the Department of the Army regulations which requires
the same.
It is my hope that the County can see fit to agree to the above
arrangement and that this will bring these deliberations to a
close. I do appreciate your cooperative effort that you have
made to work out the solutions to our Fire Fighting Contract.
Sincerely,
J. Louis Odle
City Manager
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cc: Members of the City Council ,. d'
Curtis Meade, Fire Chief !9~`-~Darat:~t+r_!_A.D.1l~
Gene Barton, City Clerk E7.~dI>r M, ~~
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512 ~ 257 ~ 8000 KERRVILLE, TE;:AS 78028
JULtUS R. NEUNHOFFER
COUNTY JUOG E, KERB COUNTY
KERRVILLE, TEXAS 78028
EX-OFFICIO COUNTY SCHOOL SUV6RINTEN~ENT October 27, 1978 PHONE 672-257-7093
Mr, J. Louis Odle
City Manager
City Hall
Kerrville, Texas 78028
Dear Mr, Odle:
Thank you for your letter of October 26, 1978 giving clarification to
the City of Kerrville's position relative to the construction to be placed
on certain provisions of the new City-County Fire Contract which has
been heretofore approved by both the City Council and the Commissioners'
Court to be effective November 1, 1978,
As both parties to the contract have conceded, there were certain points
which were subject to two different constructions, which differences have
been now reduced to writing by letters of each party. The City's position
was informally communicated by me to those Commissioners present
during our special session of October 26, 1978 which took place shortly
after our telephone conversation.
With the exception of one minor point hereinafter set forth, we recognize
that our citizens in much of the metropolitan Kerrville area outside the
corporate limits are of necessity dependent on the fire protection services
which the City of Kerrville has historically provided, therefore Kerr
County will accede to the City's interpretation, save for the one type of
response hereinafter set forth.
The one exception which we must take to the points clarified in your letter
relates to responses made by the Gity to Mast helicopter landings which
normally take place near the Department of Public Safety building some
fifty yards outside the City limits on Sidney Baker Street South. The
City's response to those situations is apparently based on some type of
agreement or results from some procedural custom generated between
Mast and local authorities other than Kerr County, therefore Kerr County
does not presently assume and has never heretofore assumed responsibility
for financial reimbursement to the City for this type of public service
response.
Page 2
Mr. Odle
While billings for such responses have occasionally been erroneously
included in our monthly fire response billings, they have always been
deleted by Kerr County, with the assent of responsible Municipal
authorities.
I turst, therefore, that we have now arrived at a final understanding as
to the construction which will be placed on our new fire contract
effective November 1, 1978.
Very truly yours,
..,'
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Jul' s R. Neunhoffer F Sys:
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October 26, 1978
Judge Julius R. Neunhoffer
County Judge, Kerr County
Kerrville, Texas 78028
Re: City-County Fire Contract
Dear Judge Neunhoffer:
This letter is written to you in regard to subject contract and
in reply to your letter of October 18, 1978.
K
CITV OF KERB VILLE~TEXgS
At the direction of the City Council, I am writing to you to the
effect that, contrary to your letter, we will consider an automo-
bile fire to be a structural fire. Additionally, it is considered
by the City of Kerrville that the types of calls which are not
defined in the contract as either structural or grass shall be
charged the same amount as for structural fires. These calls may
include rescues, drownings, searches, fuel spills, Mast helicopter
landings, or any other non-fire call to which the City responds
outside the city limits, but within the county, If the County
wants the City to respond, the above will be our basis for com-
pensation.
I trust that this letter will properly define the areas not already
covered by the contract.
Sincerely,
i
J. Louis Odle
City Manager
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cc: Mayor and City Councilmen, City of Kerrville
Mr. Curtis Meade, Jr., Fire Chief
Mrs. Gene Barton, City Clerk
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512 ~ 257 ~ 8000 KE.RR MLLE, TEXAS 78028
IULIUS R. NEUNHOFFER
COUNTY JUDGE. KERB COUNTY
KERRVILLE. TEXAS 7a029
u-orncw Counrr acnoo~ GurQ~nnno[wr October 18, 1978 PHONE Ef2.25T-7093
Mr. J. Louis Odle
City Manager
City Hall
Kerrville, Texas 78028
RE: CITY-COUNTY FIRE CONTRACT
Dear Mr. Odle;
I have previously forwarded to you the approved copies of the
new City-County Fire Contract to become effective November
1, 1978.
At the time of its action the Commissioners' Court noted that the
contract does not specifically delineate the charges which are to
be made for fire call responses, such as automobile fires, which
involve neither structural fires nor grace fires.
At the direction of the Court, I am writing this memorandum of
understanding, that, in approving the contract, it was the interpretation
of the Court that the charge$ to be paid to the City of Kerrville for
fire responses involving neither grass fires or structural fires would
be $250.00.
I trust that the foregoing interpretation of the contract is in accord
with the construction intended by the City of Kerrville.
V~ry truly yours,
I , ~
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'Julius R. Neunhoffer
~ounty Judge
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STA'~ OF TEXAS (
COUNTY OF KERR ~
This agreement made and entered into by and between the CITY OF KERRVILLE,
KERR COUNTY, TEXAS, hereinafter called "City", acting pursuant to the resolution
hereto attached, through its Mayor and attested by its City Clerk, and KERR COUNTY,
TEXAS, hereinafter called "County" acting through the Commissioners Court of such
county, pursuant to the order of the said Commissioners Court, a copy of which is
hereto attached:
WITNESSETH:
The City agrees to furnish for the use and benefit of citizens of Kerr County,
Texas, outside of the city limits of the City of Kerrville, Texas, its fire trucks
and other fire fighting equipment, together with personnel to maintain and operate
the same for a period of eleven (11) months, beginning on the 1st day of November,
1978, and terminating on the 30th day of September, 1979, under the following terms
and conditions, to-wit:
1. a. Structural Fire
In the event the City receives a call which involves, or may involve, a
structure (other than fences or pens) outside the city, the City shall respond to
such call, unless City has information that another fire department in the area is
on the way to or presently at the site of such fire. In the latter event, the City
shall not be obligated to respond. unless called for assistance by another fire
department.
b. Grass Fire
The City shall not respond to a call or report of a fire that predominatly
involves grass and other vegetation- unless a call for help is made by the fire
department located in the area of the fire, In the event the City receives a call
of this type. file City shall relay the call to the appropriate fire department in
the County.
2. City shall at the end of the calendar month furnish the County with a list
of all calls ans!•;ered by fire fighting equipment to points in Kerr County outside
of the corporate limits of the City of Kerrville, Texas. As compensation County
shall pay:
a. For each out of city call wherein the City actually
fights a structural fire, as described in 1(a)........$400.00
b. For responding to any out of city grass fire call, as
described in 1(b) ....................................$250.00
It is agreed that if the equipment is called back before
crossing the city limits, then no compensation shall be
payable, but once the city limit is crossed, compensation
is payable.
3. This agreement shall remain in effect from year to year, but riay be
terminated as of September 30, 1979, or any subsequent calendar year by either
party giving sixty (60) days notice thereof.
4. The County agrees to indemnify and hold harmless the City for any
damages or injuries to employees, agents, workmen, or firemen of the City, or
to any person or person's property as a result of answering or performing fire
calls outside the City regardless of whether negligence of the City is alleged
or .proved; and, should any person asserting claims or causes of action, file
suit for damages to his person or his property, then the County agrees to defend
all such claims, causes of action, or suits, provided, however, that by this
agreement the County does not waive, but specifically reserves, every common
law defense which it might otherwise plead with respect to any person injured
in his person or property or both as above set out.
5. It is understood and agreed that should the City's Fire Insurance Rate
be jeopardized in any manner, as a result of answering fire calls outside the
city limits, then the City shall have the right to terminate this agreement upon
immediate notice either written or oral to the County.
6. The Parties understand and agree that the City's primary fire fighting
responsibilities are in the city and at the site of the greatest emergency;
therefore, City reserves the reasonable discretion to delay or fail to respond,
or to pull away from any call - whether in city or out - in order to respond
adequately to an in-city report, or to other emergencies of the greatest degree.
EXECUTED th i s the ~,~Q_ day of ___ ~'~' ^-,~ ,_ , 1978
CITY OF KERRVILLE, TEXAS
c
,, MAYOR
ATTEST: •
__ ~~
CIT LERK
sy
ATTEST:
;,
,r~ ~ :~ ,
COUNTY CLERK, KERR COUNTY ~~ .
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G - 2
KERR COUNTY, TEXAS
ORDER NO. 13462
FIRE FIGHTING CONTRACT
CITY OF KERRVILLE
AND
KERB COUNTY
EFFECTIVE NOVEMBER 1, 1978
Vol. O, Pages 380-382