ORDER NO. 19875
MOTION TO APPROVE THE AMENDMENT TO CITY/COUNTY
FIRE FIGHTING AGREEMENT PREPARED BY THE CITY WITH THE
ADDITION OF THE AMENDMENTS RECOMMENDED 8Y THE
COUNTY ATTDRNEY'S OFFICE
On this the 9th day of October 1990, upon motion made by
Commissioner Baldwin, seconded by Commissioner Holekamp, with
Commissioner's Baldwin, Holekamp, Morgan and Ray voting
"AYE", and Judge Edwards "ABSTAINING", said motion to approve
the amendment to the City/County Fire Fighting Agreement
prepared by the City with the addition of the amendments
recommended by the County Attorney's Office, was approved by
a majority vote aE 4 to 1. The County Judge is hereby
authorized to sign said amendment on behalf of Kerr County.
OCTOBER, 1990
AMENDMENT TO
CITY/COUNTY FHtE FIGHTING AGREEMENT
This Amendment by and between the CITY OF KERRVILLE, herein
called "City" and COUNTY OF KERB, herein called "County" to that
certain original City/County Fire Fighting Agreement effective
October 1, 1989, as follows:
1. The term of this Agreement shall begin on October 1, 1990,
and terminate on September 30, 1991.
2. For the fire services to be rendered hereunder, County
shall pay to City the monthly sum of FOUR THOUSAND ONE HUNDRED
SIXTY SIX DOLLARS AND 67/100 ($4,166.67). The first payment
hereunder shall be due and payable on October 15, 1990, for the
month of October, 1990, and such payments shall continue on the
fifteenth day of each successive calendar month for twelve (12)
consecutive calendar months, with the last payment due hereunder
due and payable on September 15, 1991.
3. Paragraph 4 of the original City/County Fire Fighting
Agreement is hereby deleted and Paragraph 4 is hereby amended to
read:
4. All sums due hereunder are payable only out of
current revenues.
4. Except as amended herein, all of the provisions of the
original Agreement effective October 1, 1989, shall be in effect.
EXECUTED this the ~ day of ~( ~o,..~ __,. ~ 1990.
CITY OF KERRVILpL~E ~y;
ATTEST : ~~~~f ~YieJ.~W
~~ ., ~ Leonard L. Holloway, M or
f1/ ~~// '
Sheila~L w rand;' CitysCl~k
APPROVED AS TO FORM:
Nancy J. c oeder
City Attorney
ATTEST:
Patricia Dye, Cou ~~ Clerk
and Ex-Officio Cl rk of
the Commissioners' Court of
Kerr County
KEOUNTY, TE S
Danny ward County Judge
~ ~~ r or JRNISH ONE ORIGINAL AND SEVEN COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Glenn Holekamp
MEETING DATE: October 9, 1990
LR
SUBJECT: (PLEASE BE SPECIFIC): Approve Amendment to the City/County Fire Agreement.
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
Ttme for submitting this request for Court to assure that the matter Is posted in
accordance with Article 6252- 17 Is as follows:
• Meetings held on second Monday: 12:00 P. M. previous Wednesday
• Meetings held on Thursdays: 5:00 P. M. previous Thursday.
If preferable, Agenda Requests may be made on office stationery with the above
Information attached.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
10-3-90
OFFICE: County Commissioner, Precinct 3
TIME PREFERRED:

All Agenda Requests well be screened by the County Judge's Office to determine if
adequate Informatton has been prepared for the Court's formal conslderatton and action at
[Ime of Court meetings. Your cooperation well be appreciated and contribute towards
your request being addressed at the earliest opportunity.
Nu(5/kc
OCTOBER 1990
AMENDMENT TO
CITY/COUNTY FIRE FIGHTING AGREEMENT
This Amendment by and between the CITY OF KERRVTLLE, herein
called "City" and COUNTY OF KERR, herein called "County" to that
certain original City/County Fire Fighting Agreement effective
October 1, 1989, as follows:
1. The term of this Amendment shall begin on October 1,
1990, and terminate on September 30, 1991.
2. For the fire services to be rendered hereunder, County
shall pay to City the monthly sum of FOUR THOUSAND ONE HUNDRED
SIXTY SIX DOLLARS AND .67/100 ($4;166.67). The first payment
hereunder shall be due and payable on October 15, 1990, for the
month of October 1990, and such payments shall continue on the
fifteenth day of each successive calendar month for twelve (12)
consecutive calendar months, with the last payment due hereunder
due and payable on September 15, 1991.
3. Except as amended herein, all of the provisions of the
original Agreement, effective October 1, 1989 shall be in effect.
EXECUTED this the day of 1990.
CITY OF KERRVILLE
ATTEST:
Leonard L. Holloway, Mayor
Sheila L. Brand, City Clerk
t

October, 1990
Amendment to
City/County Fire
Fighting Agreement
APPROVED AS TO FORM:
Nancy J. Schroeder
City Attorney
ATTEST:
Patricia Dye, County Clerk
and Ex-Officio Clerk of the
Commissioners' Court of
Kerr County
KERB COUNTY, TEXAS
Danny Edwards, County Judge
^*-
rF
March 6, 1990
FIRE FIGHTING AGREEMENT BETWEEN
CITY OF KERRVILLE
COUNTY OF KERB
This agreement by and between the CITY OF KERRVILLE, Kerr Coun-
ty, Texas, hereinafter called "City," through its Mayor and
attested by its City Clerk; and the COUNTY OF KERB, hereinafter
called "County," acting through the Commissioners Court of said
county, pursuant to the order of the said Commissioners Court,
hereby acknowledges the following:
WITNESSED:
The City agrees to furnish for the use and benefit of the citi-
zens of Kerr County, Texas outside the City Limits of the City
of Kerrville, Texas, a fire truck and other fire fighting equip-
ment, together with personnel to maintain and operate the same
for a period of twelve (12) months, beginning on the 1st day of
October 1989, and terminating on the 30th day of September
1990, under the following terms and conditions, to-wit:
1. A. Structural Fire
If, in the event of a call which involves, or may involve,
a structure (other than fences or pens) outside the City,
and the volunteer fire department for that jurisdiction has
not responded within four minutes, the Sheriff's Department
dispatcher shall request the City send a fire truck. Other-
wise, the City shall not be obligated to respond, unless
called for assistance by another fire department in that
same jurisdiction.
~ B. Grass Fire
,f. The City shall not respond to a call or report of afire
that predominately involves grass and other vegetation
unless a call for help is made by the fire department locat-
ed in the area of the fire. In the event the City receives
a call of this type, the City shall relay the call to the
appropriate fire department in the County.
C. Auto Fires and Rescue Calls
This will include auto fires, wrecks or any other type of
situation other than natural disaster which shall require
rescuing {examples: drowning, searches, fuel spills),
D. MAST Helicopter
The city shall be on standby at all MAST helicopter calls.
Fire Fighting Agreement
City of Kerrville/County of Kerr
Page 2
F. Non-Fire Emergencies
This shall include incidents such as smoke instigated re-
sponses (not actual fires), malicious and accidental false
alarms, and fire investigations, except that there shall be
no charge when the investigation is made as a courtesy to
the Sheriff's Department, the Department of Public Safety,
or the Texas Rangers in their determination of arson and
the causes of fires.
2. For the fire services to be rendered hereunder, the County
shall pay the City the monthly sum of FOUR THOUSAND ONE HUNDRED
SIXTY-SIX DOLLARS AND 67/100 ($4,166.67). The first payment
hereunder shall be due and payable on October 15, 1989, for the
month of October 1989, and such payments shall continue on the
fifteenth day of each successive calendar month for twelve (12)
consecutive calendar months, with the last payment hereunder
due and payable on September 15, 1990.
3. This agreement shall remain in effect from year to year,
but may be terminated as of September 30, 1990, or any subse-
quent year by either party giving sixty (60) days written no-
tice thereof.
~4. The County of Kerr agrees to indemnify and hold harmless
,/ t e City of Kerrville for any damages or injuries to any per-
~~((. s or the property of such person, who is not an employee,
a nt, workman or fireman of the City of Kerrville, which damag-
s or injury results from answering or performing fire calls
tside the City of Kerrville.
~."'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 giving
sixty (60) days written notice thereof.
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; therefor, the 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.
t
Fire Fighting Agreement
City of Kerrville/County of Kerr
Page 3
Executed, this Z Z day of _ y la.~~~ 1990.
CITY :OF KERRVILLE, TEXAS
ATTEST:
Sheila L. B and, City Clerk
Approved As To Form:
cC4~i~
Leonard L. Holloway, ayor
~(n «.« ~~.~ S~cu.~,~ 5/.a~l~~
Nancy J, ch oeder, City Attorney
ATT,FST
a
_1/~Ll~~lt-J J~ _
Patrici~ye, Cou Clerk
David ~otl~ev ,
CO OF K
u _ r~t~~~..1~
Danny dwards, County Judge
t
MEMORANDUM
TO: Commissioner's Court
FROM: Stan Reid
DATE: October 1, 1990
RE: Amendment to City/County Fire Fighting Agreement
On September 11, 1990, I was presented with a proposed
amendment to the City/County Fire Fighting Agreement. A copy of
the proposed Amendment is attached.
The proposed Amendment should contain a statement that
"payments due hereunder shall be made from current revenues
available to County." Tex. Rev. Civ. Stat. Ann. Art. 4413(32c)
(Vernon 1976). The proposed Amendment should also correct and/or
clarify paragraph 4 of the original agreement which provides that
the County will "indemnify and hold harmless the City of Kerrville
for any damages or injuries to any person, ... , who is not an
employee, ..., of the City of Kerrville, which damages or injury
results from answering or performing fire calls outside the City of
Kerrville."
As you are aware, a county (or a city) may not enter into a
"hold harmless and indemnity" agreement because such an agreement
creates a debt not contemplated to be satisfied out of current
revenues and is therefore constitutionally void and unenforceable.
Brown v. Jefferson Co., 406 S.W.2d 185, 187-88 (Tex. 1966). Tex.
Const. Art. XI, §7 (Vernon Supp. 1990); County of Ector v. City of
Odessa, 492 S.W.2d 360, 362 (Tex. Civ. App. - E1 Paso 1973). The
City is, by statute, not liable for the acts of its employees in
fighting fires outside the city limits where the city has
contracted with the county to provide such services. Tex. Loc.
Gov. Cade §352.004(c)(Vernon 1988). The city firefighters, in that
situation, are considered agents of the county. Tex. Loc. Gov.
Code §352.004 (b) (Vernon 1988).
I recommend, therefore that a paragraph be added to the
proposed Amendment, deleting paragraph 4 of the original agreement.
Stan Reid
cc: Judy Edwards
Commissioner Morgan
Commissioner Ray
commissioner Holekamp
Commissioner Baldwin
ORDER N0. 19875
MOTION TO APPROVE Tf~, AMENDMENT
TO CITY/COUNTY FIRE FIGHTING
AGREEMENT PREPARID BY THE CITY
WITH THE ADDITION OF THE AMENDMENTS
RE(:OMMEP7DID BY THE COUNTY ATTORNEY' S
OFFICE
October 9, 1990
Vol. S, Page 8