The County Treasurer and County Ruditor are hereby authorized
~ to draw a voucher for i1, 500. 00 made payable to Frances
Kaiser, Sheriff's Department Equipment Fund.
Item 2.17 Consider and discuss approval of Interlacal
Agreement by and between Pexar County and Kerr County for
Mental Health Services and authorize the County Judge to sign
same. (County Judge>
ORDER NO. 24081
ARPROVAL OF INTERLOCAL AGREEMENT BETWEEN
KERR COUNTY AND BEXAR COUNTY
FOR MENTAL HEALTH SERVICES AND
AUTHORIZE THE COUNTY JUDGE TO SIGN SAME
On this the 17th day of July 1997, upon motion made 6y
Commissioner Oehler, seconded by Commissioner Let z, the Court
unanimously approved by a vote of 5-0-0, the Interlocal
Agreement between Kerr County and Pexar County for Mental
Health Services and authorize the County Judge to sign same.
STRTE OF TEXAS XX
COUNTY OF BEXAR XX
INTERLOCAL AGREEMENT
FOR MENTAL HEALTH COMMITMENTS
This Agreement is entered into this the 1st day of July, 1997
pursuant of the terms of Texas Governement Code, Chapter
791;by and between the Commissioner's Court of Bexar County,
Texas, hereinafter "Bexar" and the Commissioner's Court of
Kerr County, Texas, hereinafter "Kerr", for the purpose of
providing certain services relating to mental heatlh
commitment hearings for residents of Bexar, County at the
Kerrville State Hospital and residents of Kerr County at the
San Rntonio State Hospital, should be occasion arise for same.
WHEREAS, Pexar County, Texas, an occasion has residents who
are in need of involuntary commitment to the Kerrville State
Hospital, located, Kerr County, Texas and
c`~
WHEREAS, Kerr County, Texas on occasion, has or may have
residents who are in need of involuntary commitment to the San
Antonio 5t ate Hospital, located in San Antonio, Pexar County,
Texas and
PAGE 276
WHEREAS, the Chapters 571 (General Provisions>, 573 (Emergency
_ Detention), and 574 (Court-Ordered Mental Health Services), of
the Texas Health and Safety Code, hereinafter "Code", provide
E' r{ for the involuntary commitment of those persons deemed to be
mentally ill and who meet the criter-ia for- commitment; and
WHEREAS, Section 574.@@1 (b> provides that an application for
court-ordered mental health services must 6e filed with the
county clerk in the county in which the proposed patient:
(1) resides;
(2) is faund;or
(3) is receiving mental health services by court order or
under Subchapter R, Chapter 573 (Apprehension 6y a
Peace Officer Without a Warrant);and
WHEREAS, both Bexar County and Kerr County have jurisdiction
over such proceedings where the proposed patient is a resident
of Bexar County and is either found in Kerr County, is
receiving court-ordered mental health services or is brought
to the Kerrville State Hospital 6y a peace officer without a
warrant under the provision of Subchapter A, Chapter 573 of
the Texas Health and Safety Code;and
1
WHEREAS, both Bexar County and Kerr County have jurisdiction
over such proceedings where the proposed patient is a resident
s-~ of Kerr County and is either found in Bexar County, is
receiving court-ordered mental health services, or is brought
to the San Antonio State Hospital 6y a peace officer without e
warrant under the provision of Subchapter A, Chapter 573 of
the Texas Health and Safety Code;and
WHEREAS, given the time constraints set out in the code, and
the difficulty and expense of transporting patient, witnesses,
and attorneys to and from the proposed patient's county for
such hearings it is at time impractical for the proposed
patient's county to hold temporary and extended commitment
hearings within the geographical confines of the proposed
patient's county and
WHEREAS, the public health, safety, and welfare of the
citizens of both counties, as well as proposed patients, would
be best served by entering into this Interlocal Cooperation
Rgreement pursuant to the authority granted by Chapter 791 of
the Texas Government Code (the Interlocal Cooperation Rct);
NOW THEREFORE, 6e it resolved that Bexar County and Kerr
County, agree to enter into this Interlocal Cooperation
Agreement, and the parties agree as follows:
Section 1. TERM
1,1 This agreement is to be effective on the date that it
Fes, is approved by order of the commissioners court of each
county, and is to end on September 30, 1997, unless renewed by
mutual orders of the respective commissioners courts for
subsequent one-year terms beginning on Dctober 1st and ending
on September 3@th of each contract period.
PAGE 477
1,2 Either party may cancel this agreement for any reason by
~~ notifying the other in writing at any time. All amounts
~"~- due and owing to either county pursuant to this agreement on
the effective date of cancellation shall be paid within sixty
(60) days of the receipt of any bill or the date of
cancellation, whichever is later.
Section 2. DEFINITIONS
2.1 "Resident" as that term is used herein shall have the same
meaning as that term has berm defined in the Indigent Health
Care and Treatment Act, Health R Safety Cade XX 61.002 (Vernon
1992), and as that ter^m has been applied and construed by law.
Section 3. DUTIES
3.1 Kerr County agrees that it will assume jurisdiction aver
all court-ordered mental health proceedings which concern
residents of Hexar County that are properly filed in or
tr^ansferred to the Ker^r County Caur•t with jur^isdictiongHexar
County agrees that it will assume jurisdiction over all
tour^t-orderd mental health proceedings which cancer^n residents
in Kerr County that
2
are properly filed in ar transfer-red to the Aexar- Co~_rnty
,.-., Court with jurisdiction. Each county agrees to obtain prior
approval when feasible from the proposed patient's county on
all administrative transfers from the state hospital where the
pr^o posed patient resides.
3.2 Neither Kerr County nor Hexar County shall have a duty
to accept jurisdiction or proceed with any court-ordered
commitment where the terms of this contract have oat been
complied with, including non-payment.
3.3 It is understood and agreed that pursuant to 571.016 of
the Texas Health and Safety Code, the County Attorney for Kerr
County is the attorney for the State in any hearing conducted
in Ker•r• County and covered by this agreement and therefor-e
retains all of the independent discretionary authroity given
by the statues and Constitution of the State of Texas;
likewise, the .County Attorney for Hexar County is the attorney
for the State in any hearing conducted in Bexar County and
covered by this agreement and therefore retains all of the
independent discretionary authority given by the statues and
Constitution of the State of Texas. This agreement shall not
be construed to limit that authority in any form or fashion
and the decision of the County Attorney is final as to whether
the State will proceed in any action covered by this
Rgreement, including appeal, and as to the means and methods
employed.
PAGE 278
3.4 Each county agrees and warrants that it will follow all
G'-1 appropriate stautory procedures and shall implement such other
.I procedures and training necessary to ensure that no violation
of the constitutional rights of any proposed patient occurs,
and that in seeking the commitment of the proposed patient no
person will be referred to either Kerrville State Hosptial or
the San Rntonio State Hospital unless the patient has been
evaluated and examined by a licensed physician, a certificate
has been pr•oper•ly issued; the patient has been warned of the
non-confidentiality of the physicia interview; and that all
other necessary steps have been taken to assure that the
proposed patient's constitutional and statutory rights have
been preserved.
3.5 Should any Bexar County or Kerr County r^esident who was
detained under the authority of the emergency detention
provisions of Chapter 573 of the Coda be found to be entitled
to release, the resident's county shall pay the cost of
transporting that person to the location of the person's
apprehension, the person's residence, or another suitable
location, as required by 573.024 of the Code.
3.6 Each county agrees to pay reasonable and necessary cost
associated with any hearing conducted 6y Kerr County Officials
or Bexar• County officals as authorized under 571.019 and
574.010 Tex. Health & Safety Code.
Further both Kerr County and Bexar County agree to pay the
following, as applicables
R11 other court costs, set by law, and such other costs set by
order of the Kerr County Commissioners Court and/or Pexar
County Commissioner^s Court provided said costs are legally
authorized.
3
R11 cost authorized by law for appeals to a Texas Court of
appeals and to the Texas Supreme Court.
R11 casts, including bonds, authorized or mandated by law
for• any proceedings in Federal Court involving a Bexar Co~_inty
or Kerr County resident covered by this Rgreement.
3.7 Both Ker^r County and Bexar County agree that to the extent
each county is responsible for certain costs previously
specified, each shall be responsible for• obtaining repayment
for costs incurred pursuant to this agreement from the patient
and/or the patient's family or estate. Kerr County and Pexar
County agree further that failure on their part to recover
such payments shall have no effect on their liability to the
other county for such costs.
PAGE X79
Section 4. PAYMENTS
~. 4.1 All bills for^ costs and/or payment shall be pr^omptly
submitted to the Count Clerk of Hexar^ County, Texas, at the
address below and the County Clerk of Kerr County, Texas, 700
E. Main, Ker^r^ville, Texas 78028.
Section 5. MISCELLANEOUS
5.1 Any and all notices which may be requir^ed under^ the
terms of the Agreement shall be mailed to the parties at the
addresses indicated below, or at such address as either party
may furnish in writing to the other party herein named:
Gerry Rickhoff, Hexar County Clerk
Hexar County Courthouse
100 Dolorosa, Suite 108
San Antonio, Texas 7805-3083
Robert A. Denson, County Judge
Kerr County, Texas
Kerr County Courthouse
700 East Main Street
Kerrville, Texas 78028
5.'~ This agreement contains the entir^e Agr^eement of the
~. parties with respect to the matters covered by this
Agr^eement. No other^ agr^eement, statement, or pr^omise made by
any party, or to any employee, officer, or agency of any
party, which is not contained in this Agreement shall be
binding or• valid.
5.3 In case any one or mare of the provisions and/or fees
contained in this contract shall for any reason be determined
by either a court of competent jurisdiction or the Rttorney
Gener^al to be invalid, illegal, or unenfor^ceable in any
r^espect, such invalidity, illegality, or
4
unenfoceability shall not affect any other provision of
the contract, and this contract shall be construed as if the
invalid, illegal, or unenforceable provision had never been
included in the contract.
5.4 No amendment, modification, or alteration of the terms
of this contract shall be hinding unless it is in writing,
dated subsequent to the date of this contract, and duly
executed by the parties to this contract.
Date:July 1, 1997 Date:4l7/97
/s/Cyndi T. Krier /s/Ger-r^y Rickhoff
/t/Cyndi T. Krier /t/Gerry Rickhoff
Hexar County Judge Hexar County Clerk
PAGE 280
APPROVED AS TO LEGAL FORM:
STEVEN C. HILBIG
Criminal District Attorney
Bexar County, Texas
/s/Magdalena L. Desaime
/t/Magdalena L. Desaime
Assistant Criminal District
Attorney-Civil Section
Date:?-7-97
/s/Robert A. Denson
/t/ROBERT A. DENSON
APPROVED AS TO FINANCIAL
CONTENT:
/s/Daniel C. Johnson
/t/Daniel C. Johnson
Bexar County Auditor
S. MARCUS JAHNS
Bexar County Budget Officer
/s/Thomas W. Rollard
/t/Thomas W. Rollard
Attorney for Kerr County
Date:?-17-1997
/s/Patricia Dye
It/RATRICIA DYE
This Agreement was adopted by the Commissioners Court of
Kerr County, Kerrville, Texas by Order Number 24081, on the
17th day of July, 1997, and by the Cammissioners~ Court of
Bexar County, Texas, on the 1st day of July, 1997,
J
r-'
Item 2.10 Consider and discuss Flat Rock Lake Park Grant
Proposal. (Commissioner Pct. 4!3>
ORDER NO. 24082
APPROVAL OF FLAT ROCK LAKE COUNTY PARK
GRANT APPLICATION
Dn this the 17th day of July 1'
Commissioner Let z, seconded by
unanimously approved by a vote
the Flat Rock Lake County Park
the County Judge to sign Cover
submitted.
X97, upon motion made by
Commissioner Lackey, the Court
of 5-0-0, the park plan far
Grant Application and authorize
Letter and Resolution as
RESOLUTION AUTHORIZING APPLICATION
TEXAS RECREATION b PARKS ACCOUNT PROGRAM <TRPA>
F'AGE 281