ORDER N0.28545
APPROVAL OF APPLICATION FOR
CONTINUATION OF GRANT TO FUND
216TH JUDICIAL DISTRICT NARCOTICS TASK FORCE
On this the 23rd day of February 2004, upon motion made by Commissioner Baldwin,
seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-
0-0, of the application for continuation of grant to fund 216th Judicial District Narcotics
Task Force and authorize the County Judge to sign same.
~~Sly`~
-~ COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: W.R. Hierholzer OFFICE: Kerr County Sheriff s Office
MEETING DATE: February 23, 2004 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approving application for continuation of grant to fund 216`" Judicial District
Narcotics Task Force and authorize Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: SheriffHierholzer
ESTIMATED LENGTH OF PRESENTATION: 2minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
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: 5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON:

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 your request being addressed at the earliest opportunity. See Agenda Request
Rules Adopted by Commissioners' Court.
February 23, 2004
TO: Ken County Judge Pat Tinley and
Ken County Commissioners' Court
FROM: Sheriff W.R. Hierholzer
RE: Grant Application
Consider and discuss approval of application for continuation of grant to
fund 216` Judicial District Nazcotics Task Force and authorize Judge to
sign same.
216`fi JudiciaCDistrict Narcotics "ask ,force
P.O. Box 293700
~Cerrville, ~X. 78o2g-37oo
(830) 257-2991
February 4.2004
Dear Sheriffs and Chiefs;
In regards to our grant application, CJD has simplified the process this year.
We do not need a resolution from each entity of government, only one from the
applicant agency (City of Kerrville). If your county/city wants or needs to do a
resolution to participate in the project, that will be up to them - CJD just doesn't
require it any longer.
The forms included in this packet are all that are required for the application
process. From the Counties, we need the following:
(i) Sheriffs signature on the Cooperative Working Agreement.
(2) Approval and appropriate signatures on the Funding Participation
Agreement.
(3) Approval and appropriate signatures on the Extraterritorial Jurisdiction
Agreement
From the Cities, we need the following:
(~) Approval and appropriate signatures on the Funding Participation
Agreement
(2) Approval and appropriate signatures on the Extraterritorial Jurisdiction
Agreement.
Please submit these to your respective Commissioner's Courts and City Councils
and let me know when they will be on the agendas. I will be glad to attend the meetings
to answer any questions .Just let me know. There is no deadline this year for these
items, however, it would be helpful to get them done as soon as is convenient for you.
If you have any questions, please call me or Candi Behrens .Your participation is
greatly appreciated.
Thank your ,; ;
~~ ,
$`ill Hill
SAMPLE COOPERATIVE
WORKING AGREEMENT
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISIUN
P.O. Box 12428
AUSTdV, TEXAS 78711
512/463-1919
Fwx: 512/475-2440
WWW.GOVERNOR.STATE.TX.~
This is to certify that the objectives of the grant application submitted to the Criminal
Justice Division of the Office of the Gavernor have been reviewed and that it is mutually
agreed to cooperate to whatever extent is necessary in carrying out the objectives
described in this application.
In addition, if the outside organization has personnel assigned to the grant-funded project, that agency
certifies that it is cognizant of the rules and regulations governing the operation of the grant and agrees to
abide by any and all such rules or special conditions relating to the application.
PART I: APPLICANT ORGANIZATION
City of Kerrville 216' Judiaal District Narcotics Task Force
AppNcant's Organization Project Title
Ron Patterson, City Manager
Printed Name and Title of Appliccaarrt's Authorized Signature of the Applic~Ys Autharzed Date
Official Official
PART II: OUTSIDE ORGANIZATION
Kerr County 216"' Judicial District Narcotics Task Force
Outside Organization Project Title
Sheriff Rusty Hierholzer
Printed Name and Tide d Outside Organization's Signature of the Outside Organization's Date
Authorized Official Authorized Official
CJD Gww'rAPPUCanonr IVr -Pact: 23 BrRnre (CFDA-16.579) RssuE Dam NovEw~R 2003
MUTUAL COOPERATION AGREEMENT ON
EXTRATERRITORIAL PEACE OFFICER JURISDICTION
RELATED TO
A REGIONAL ANTI-DRUG ABUSE TASK FORCE
216 JUDICIAL DISTRICT NARCOTICS TASK FORCE
STATE OF TEXAS, County of
This Agreement is entered into by and between the counties of Kerr County ,
Gillespie County Kendall County ,and _Bandera County ("Counties"),
political subdivisions of the state of Texas, and the neighboring city of _ City of Kerrville__ , a
municipal corporation situated in Kerr County, Texas, City of Ingram , a municipal
corporation situated in Kerr County, Texas, ,City of Fredericksburg,_ , a municipal
corporation situated in Gillespie County, City of Boerne , a municipal corporation situated
in Kendall County, and City of Bandera , a municipal corporation situated in Bandera
County, Texas, ("Cities"), and the felony prosecutor's office in the 216' Judicial District
("Districts") political subdivisions of the state of Texas, acting under the authority of Chapter
362, Local Government Code, concerning certain law enforcement services provided through
mutual cooperation of the signatory parties of this Agreement.
WITNESSETH:
WHEREAS, the Counties, Cities, and Districts wish to provide for non-emergency law
enforcement assistance in conjunction with the mutual aid anti-drug abuse activities of the
216' Judicial District Narcotics Task Force Regional Anti-Drug Abuse Task Force ("Task
Force");
WHEREAS, the Counties, Cities, and Districts wish to cooperate in certain anti-drug abuse
criminal investigations and related law enforcement activities, as further described in this
Agreement;
Page i of8
WHEREAS, the Counties, Cities, and Districts wish to provide only the additional territorial
jurisdictional and investigative authority to certain law enforcement officers regularly employed
by the Counties, Cities, and Districts, as further described in this Agreement; and
WHEREAS, the Counties, Cities, and Districts believe it to be in their mutual best interests to
enter into this Agreement;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE I
PURPOSE
1.01 The purpose of this Agreement is to allow certain law enforcement officers regularly
employed by the Counties, Cities, and Districts to have certain extraterritorial police powers
throughout the territorial jurisdiction of another party although outside the officers' normal
territorial jurisdiction, as further described in this Agreement.
ARTICLE II
TERM
2.01 The term of this Agreement is to commence on the execution of this agreement by the
Counties, Cities, and Districts and to end on the 31 day of ~_ , 200 5 .
2.02 This Agreement on extraterritorial peace officer jurisdiction also terminates upon
termination of the underlying Task Force Agreement between the parties.
ARTICLE III
RESPONSIBILITY AND AUTHORITY
3.01 Responsibility. The Counties, Cities, and Districts agree to accept responsibility for
adhering to all pertinent federal, state, and local laws or regulations.
3.02 Authority. The Counties, Cities, and Districts assure each other party, by its signature,
that it has entered into this Agreement by lawful resolution or order of its respective governing
body or by the appropriate elected prosecutor.
ARTICLE IV
Page 2 of 8
ARTICLE DEFINITIONS
4.01 "Anti-drug abuse investigation" includes peace officer activity involving lawful
possession, offer to buy, sell, manufacture, deliver, or distribute a drug or controlled substance,
or other law enforcement conduct attendant to an anti-drug abuse investigation.
4.02 "Compensation" means:
(1) wage, salary, pension, equipment, clothing, medical, and other similaz compensation
and benefits, including injury or death benefits; and
(2) reasonable expenses incurred for travel, food, and lodging.
4.03 "Contiguoas" means touching, directly or indirectly.
4.04 "Law enforcement officer" has the meaning assigned by Section 362.001, Local
Government Code. The term includes a peace officer.
4.05 "Neighboring" means located in the same county or a contiguous county.
4.06 "Police power" means the lawful authority of a peace officer to carry a weapon,
conduct an investigation, make a report, detain, arrest, execute a search or arrest warrant, or
engage in other law enforcement conduct attendant to anti-drug abuse enforcement, including
traffic interdiction and any other general patrol activity approved by the Task Force supervisor.
ARTICLE V
CONSIDERATION
5.01 As consideration for this Agreement, the Counties, Cities, and Districts agree to
participate in the lawful activities of the Task Force under any separate task force agreement,
including the contribution of funds, equipment, or personnel.
ARTICLE VI
COMPENSATION AND QUALIFICATION
6.01 Compensation. The Counties, Cities, and Districts agree that:
(1) each County shall provide for the compensation of each law enforcement officer
regulazly employed by the County and assigned to the Task Force;
(2) each City shall provide for the compensation of each law enforcement officer
regulazly employed by the City and assigned to the Task Force; and
Page 3 of 8
(3) each District shall provide for the compensation of each law enforcement officer
regularly employed by the District and assigned to the Task Force.
6.02 Qualifications for Office. The Counties, Cities, and Districts agree that qualification
for office:
(1) in a County constitutes qualification for office in a City or District;
(2) in a City constitutes qualification for office in a County or District; and
(3) in a District constitutes qualification for office in a County or City.
6.03 Nothing Additional. The Counties, Cities, and Districts agree that no additional oath,
bond, or compensation is needed for an officer assigned to the Task Force.
ARTICLE VII
JURISDICTION
7.01 Territorial jurisdiction. (a) Each County agrees that a law enforcement officer, who is
regularly employed by a City or District and assigned by the City or District to the Task Force,
shall exercise throughout the County the police powers enumerated in Article 7.02.
(b) Each City agrees that a law enforcement officer, who is regularly employed by a County
or District and assigned by the County or District to the Task Force, shall exercise throughout the
City the police powers enumerated in Article 7.02.
(c) Each District agrees that a law enforcement officer, who is regularly employed by a
County or City and assigned by the County or City to the Task Force, shall exercise throughout
the District the police powers enumerated in Article 7.02.
7.02 Investigative jurisdiction. The Counties, Cities, and Districts agree that their
respective law enforcement officers assigned to the Task Force shall exercise only police power
as the term is defined in this Agreement.
7.03 NotiScation. (a) After initiating an extraterritorial investigation, detention, arrest, or
other attendant exercise of police power under this Agreement, a law enforcement officer shall
notify the Task Force supervisor.
(b) After making an extraterritorial arrest under this Agreement:
(1) in a City outside of the regular territorial jurisdiction of the County, a County law
enforcement officer shall also notify the City chief of police or marshal;
Page 4 of 8
(2) in a District outside of the regular territorial jurisdiction of the County, a County law
enforcement officer shall also notify the district attorney;
(3) in a County outside of the regular territorial jurisdiction of the City, a City law
enforcement officer shall also notify the County sheriff;
(4) in a District outside of the regular territorial jurisdiction of the City, a City law
enforcement officer shall also notify district attorney;
(5) in a County outside of the regular territorial jurisdiction of the District, a District law
enforcement officer shall also notify the County sheriff; and
(6) in a City outside of the regular temtorial jurisdiction of the District, a District law
enforcement officer shall also notify the City chief of police or marshal.
7.04 Command. While exercising extraterritorial police power under this Agreement,
including conducting a Task Force investigation:
(1) in a City outside the regular territorial jurisdiction of the County, a County law
enforcement officer shall be under the formal command of the City chief of police or marshal,
acting through the Task Force supervisor;
(2) in a District outside the regular territorial jurisdiction of the County, a County law
enforcement officer shall be under the formal command of the district attorney, acting through
the Task Force supervisor;
(3) in a County outside the regular territorial jurisdiction of the City, a City law
enforcement officer shall be under the formal command of the County sheriff, acting through the
Task Force supervisor;
(4) in a District outside the regular territorial jurisdiction of the City, a City law
enforcement officer shall be under the formal command of the district attorney, acting through
the Task Force supervisor;
(5) in a County outside the regular territorial jurisdiction of the District, a District law
enforcement officer shall be under the formal command of the County sheriff, acting through the
Task Force supervisor; and
(6) in a City outside the regular territorial jurisdiction of the District, a District law
enforcement officer shall be under the formal command of the City chief of police or marshal,
acting through the Task Force supervisor.
Page 5 of 8
7.05 Other Authority. Nothing in this Agreement limits the authority of a law enforcement
officer to act under state law, including:
(1) a citizen's arrest or an extraterritorial arrest authorized under Chapter 14, Code of
Criminal Procedure, or other law; or
(2) an action taken in the presence of and under the direction of or to assist another
peace officer with appropriate territorial jurisdiction.
ARTICLE VIII
CONTINUATION OF TERRITORIAL AND INVESTIGATIVE JURISDICTION
8.01 Upon termination of this Agreement, the territorial and investigative jurisdiction of each
law enforcement officer regularly employed by the Counties, Cities, and Districts will revert to
the appropriate jurisdiction otherwise provided by law or other agreement.
ARTICLE IX
AMENDMENTS
9.01 This Agreement may be amended by the mutual agreement of all signatory parties in
writing to be attached to and incorporated into this Agreement.
ARTICLE X
LEGAL CONSTRUCTION
10.01 Incase any one or more of the provisions contained in this Agreement shall be held to
be invalid, illegal, or unenforceable in any respect, such an invalidity, illegality, or
unenforceability shall not affect any other provision thereof, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
ARTICLE XI
ENTIRE AGREEMENT
11.01 This Agreement supersedes any and all other agreements, either oral or in writing,
between the Counties, Cities, and Districts with respect to the subject matter hereof, and no other
agreement, statement, or promise relating to the subject matter of this Agreement which is not
contained herein shall be valid or binding.
Page 6 of 8
EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL
FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE DAY OF , 200
ATTEST:
_ _-
err Judge)
Judge Pat Tinley
(printed name and titl )
2-z3-~a~
(date signed)
(City of Kerrville Mayor/Manager)
Mayor Stephen Fine
(printed name and title)
(date signed)
(Gillespie County Judge) (City of Fredericksburg Mayor/Manager)
Judge Mark Stroeher Mayor Tim Crenwelge
(printed name and title) (printed name and title)
(date signed)
(Kendall County Judge)
Judge Eddie Vogt
(printed name and title)
(date signed)
(City of Boerne MayodManager)
Mayor Patrick Heath
(printed name and title)
(date signed)
(date signed)
(Handers County Judge) (City of Bandera Mayor/Manager)
Judge Richard Evans Mayor Denise Griffin
(printed name and title) (printed name and title)
(date signed)
(date signed)
(City of Ingram Mayor/Manager) (216 Judicial District Attorney)
Monroe Schlabach E. Bruce Curry
(printed name and title) (printed name and title)
(date signed)
(date signed)
Page 7 of 8
APPROVED AS TO FORM:
(Task Force Commander) (Kerr County Sheriff
W. V. Hill Sheriff Rusty Hierholzer
(printed name and title) (printed name and title)
(date signed) (date signed)
(Gillespie County Sherit~ (Kendall County Sheri
Sheriff Milton Jung Sheriff Henry Hodge
(printed name and title) (printed name and title)
(date signed)
(date signed)
(Randers County Sheriff (City of Kerrville chief of police)
Sheriff James MacMillan Acting Chief Rob McKutcheon
(printed name and title) (printed name and title)
(date signed)
(City of Fredericksburg chief of police)
Chief Paul Oestreich
(printed name and title)
(date signed)
(City of Boerne chief of police)
Chief Garv Miller
(printed name and title)
(date signed)
(City of Bandera chief of police)
Chief Shane Merritt
(printed name and title)
(date signed)
(date signed)
(City Ingram marshal)
Rowan Zachry, City Marshal
(printed name and title)
(date signed)
Page 8 of8
FUNDING PARTICIPATION AGREEMENT AMONG MEMBER AGENCIES OF
THE 216T" JUDICIAL DISTRICT NARCOTICS TASK FORCE
This Agreement is entered pursuant to Chapter 791 of the Texas Government Code by and
among Kerr County, Gillespie County, Bandera County, and Kendall County, each of which is a
political subdivision of the State of Texas located within the 216`h Judicial District of the State of Texas
(hereinafter referred to collectively as "Counties"), and the City of Kerrville, Texas, the City of
Ingram, Texas, the City of Bandera, Texas, the City of Boerne, Texas, and the City of Fredericksburg,
Texas, each of which is a municipal corporation located within the 216`h Judicial District of the State of
Texas (hereafter collectively called "Cities").
WITNESSETH
WHEREAS, the Counties and Cities wish to file a joint grant application with the Criminal
Justice Division of the Governor's Office, State of Texas for funding in the amount of $683,370.00 to
fund the operation of the 216`x' Judicial District Narcotics Task Force ("the Task Force"), and
WHEREAS, the Counties and Cities must agree to contribute the total of $240,546.00 in local
matching funds if said joint application is to be approved; and
WHEREAS, the source of funds would not normally be used for this purpose; and
WHEREAS, the Counties and Cities believe it to be in the public interest to join in an
application for a grant to continue the operation of a regional narcotic task force; and
WHEREAS, the Counties and Cities agree to each accept the responsibility to adhere to all
pertinent federal, state and local laws or regulations;
NOW, THEREFORE, for and in consideration of the promises made herein, one to the other, it
is hereby agreed by the Counties and Cities as follows:
1. PURPOSE: The purpose of this Agreement is to establish the parameters by which the Counties
and Cities agree to file a joint application for a Narcotics Task Force Grant with the Criminal
Justice Division, of the Governor's Office of the State of Texas, for funding for the 216`h
JUDICIAL DISTRICT NARCOTICS TASK FORCE for the period of June 1, 2004, to May
31, 2005, a copy of which application has been placed on file with the City Clerk and
incorporated herein by reference to the number and date of this Resolution.
2. APPLICATION FOR GRANT: The Counties and Cities hereby acknowledge and agree that the
City of Kerrville, Texas, shall be authorized to apply for the grant for the Task Force described
in Section 1, above, on behalf of the Counties and Cities, and that the City of Kerrville, Texas,
shall make said application in reliance on all of the Counties and Cities performing as agreed
herein.
3. TERM: The term of this Agreement will commence on June 1, 2004 and end on May 31, 2005.
4. CONSIDERATION: As consideration of this Agreement, Counties and Cities agree to
contribute a total of $240,546.00 in local matching funds from the current revenues of each
party as required by the grant in the amounts as follows:
FUNDING SOURCE AMOUNT FUNDING SOURCE AMOUNT
Program Income $63,151.00 Bandera County $14,458.00
City of Boerne $9,389.00 Gillespie County $24,521.00
City of Fredericksburg $10,395.00 Kendall County $21,332.00
City of Ingram $8,091.00 Kerr County $51,148.00
City of Kerrville $37,796.00 City of Bandera $.00
5. OWNERSHIP OF EQUIPMENT: Upon termination of this Agreement, ownership of
equipment hardware and other non-expendable items will revert to the applicant for which it
was acquired, subject to the approval of the Criminal Justice Division of the Governor's Office.
6. INDEMNITY: To the extent authorized by law, each City and County which is a party hereto
agrees to indemnify, defend, and hold harmless each other City and County, respectively; for
claims or suits arising from the injury or death of any person, or damage to property, resulting
from the intentional or negligent act or omission of that City's or County's employee, officer,
or agent arising from or related to said employee's or officer's participation in the operations of
the Task Force. In no case shall this section be construed as waiving any immunity from
prosecution or liability that may exist with respect to any of the parties hereto or their
respective employees, officers, or agents.
7. NO AGENCY RELATIONSHIP: Notwithstanding the agreement of the Counties and the
Cities to cooperate in the purposes for which the grant described in Section 1, above, will be
awarded, and except as authorized by Section 2, above, no employee or officer of any County
or City which is a party hereto shall be authorized to act on behalf of, or in any way be deemed
to be an agent of, any County or City that is not the employer of that person.
8. NO SHARED EMPLOYEE STATUS: Notwithstanding the agreement of the Counties and the
Cities to cooperate in the purposes for which the grant described in Section 1, above, is made
and the existence of any command structure which may be established in order to facilitate the
cooperation of the Cities and Counties participating in the Task Force, an employee or officer
of any County or City who is assigned to participate in the operation of the Task Force shall at
no time be deemed to be an employee of any County or City other than the County or City
from whom the person receives an IRS Form W-2.
2
9. MISUSE OF GRANT FUNDS: Counties and Cities hereby understand and acknowledge that
as the grant sponsor, the City of Kerrville has made certain representations and assurances to
the State of Texas regarding the use of funds received pursuant to the grant made by the
Criminal Justice Division. The Counties and the Cities (except the City of Kerrville) hereby
agree that in the event of loss or misuse of the Criminal Justice Division funds received by any
of the Counties or Cities (other than the City of Kerrville), that the County or City responsible
for the loss or misuse of said funds shall indemnify, defend, and hold harmless the City of
Kerrville and all other parties to this agreement for any funds which must be repaid to the State
pursuant to the grant agreement. Conversely, the City of Kerrville agrees to indemnify, defend,
and hold harmless the other Cities and Counties for funds which must be returned to the
Criminal Justice Division as the result of loss or misuse of said funds by the City of Kerrville.
10. AMENDMENTS: This Agreement may be amended only by the mutual written agreement of
the parties hereto.
11. SAVINGS AND SEVERABILITY PROVISION: In case any one or more of the provisions
contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality or unenforceable shall not affect by any other provision hereof and
this agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
12. ENTIRE AGREEMENT: This Agreement supersedes any and all other agreements, either oral
or in writing, between the parties hereto with respect to the subject matter hereof, and no other
agreement, statement, or promise relating to the subject matter of this Agreement, which is not
contained herein, shall be valid or binding.
13. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas.
14. MULTIPLE ORIGINALS: This Agreement may be executed in multiple originals, each of
which shall have the full force and effect of an original as if all parties had signed the same
document.
SIGNED AND AGREED BY THE PARTIES HERETO ON THE DATES INDICATED BELOW:
Mayor Date County Judge Date
CITY OF BANDERA, TEXAS COUNTY OF BANDERA, TEXAS
3
Mayor Date County Judge Date
CITY OF BOERNE, TEXAS COUNTY OF KENDALL, TEXAS
Mayor Date County Judge Date
CITY OF FREDERICKSBURG, TEXAS COUNTY OF GILLESPIE, TEXAS
Mayor Date County Judge Date
CITY OF INGRAM, TEXAS COUNTY OF KERB, TEXAS

H:LL.EGAL\CONfRACTS-GENERAL\TASK FORCE 2004.DOC
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CITY OF KERRVILLE, TEXAS