1988-1162277L
NO
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS
TO EXECUTE A MUTUAL USE AGREEMENT BETWEEN THE CITY OF DENTON AND
THE CITY OF CARROLLTON FOR AN 800 MHz TRUNKED COMMUNICATION
SYSTEM, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is authorized to execute an
agreement between the City of Denton and the City of Carrollton
for the purpose of providing radio communications in support of
police, fire and other governmental operations, under the terms
and conditions contained in said agreement, which is attached
hereto and made a part hereof
SECTION II That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the ;J day of 1988
RAY S P S, M Y00R
ATTEST
J E' W LTERS, C T SE RE Y
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY O
2277L
THE STATE OF TEXAS MUTUAL USE AGREEMENT BETWEEN
CITY OF DENTON & CITY OF
CARROLLTON FOR 800 MHz TRUNKED
COUNTY OF DENTON COMMUNICATIONS
This Agreement is made between the City of Denton, Texas
("Denton"), and the City of Carrollton, Texas ("Carrollton"), as
follows
RECITALS
Denton and Carrollton both own, operate, and maintain 800 MHz
trunked communication systems ("Systems"), for the purpose of
providing radio communications in support of their respective
police, fire, and other governmental operations
Denton and Carrollton wish to enter into this Agreement to
provide for the mutual use of their respective Systems as a
substitute communications System in cases where the System of
either party is not operational or otherwise fails, to provide
for emergency communications between the fire, police, medical or
personnel of respective parties when necessary to render
assistance to the other, and to provide for communication
capabilities for or between the parties in any other case that
both parties find necessary or desirable to carry on their
respective operations
NOW, THEREFORE, under the authority of Tex Rev Civ Stat
Ann art 4413 (32c), and in consideration of the following
covenants, the parties agree as follows
1 USE OF SYSTEMS Denton shall allow Carrollton to use the
Denton System, and Carrollton shall allow Denton to use the
Carrollton System, in accordance with this Agreement Each party
shall at all times be responsible for the operation, maintenance,
and control of its own System In making use of either System,
each party shall abide by all applicable federal and state laws
and regulations, and when making use of the System of the other,
the written rules and regulations of the other
2 '~'rR1I• TERMINATION This Agreement shall begin on the date of
execution by both parties and continue in force from year to year
unless terminated as follows
(a) Either party may terminate this Agreement at any time by
giving thirty (30) days advance written notice to the
other
(b) If either party shall permanently discontinue operation
of its system, this Agreement shall terminate on the
date the operation of the System is discontinued
3 LIABILITY Neither party shall make any claim against the
other, and neither party shall be liable to the other, for any
actual or consequential damages or losses suffered by the other
or a third party, arising from any breakdown, malfunction,
failure, use, the manner or use, or the loss of use of either
System, however caused, whether by the negligence of either
party, their respective officers, employees, agents, or
contractors, or otherwise
4 AsSIGNI+g= Neither party shall assign this Agreement to any
other party without the prior written consent of the other
MIRE AGR?;EMENT This Agreement embodies the whole
Agreement of the parties There are no promises, terms,
conditions, or obligations other than those contained, or
referenced herein This Agreement shall supersede all
previous communications, representations, or agreements,
either verbal or written, between the parties and all
modifications of this Agreement shall be in writing and
approved by both parties
NOTICES Unless notified otherwise in writing, all notices
required to be given to either party shall be in writing and
delivered in person or sent by certified mail to the
respective parties at the following addresses
To Denton To Carrollton
City Manager City Manager
215 East McKinney 1945 Jackson Road
Denton, Texas 76210 Carrollton, Texas 75006
7 ALm'4iORTTY TO SIGN Each party represents to the other that
the undersigned officers or agents of the parties signing
this Agreement are the properly authorized officials and have
the necessary authority to execute this Agreement on behalf
of the parties and that any necessary resolutions or
ordinances extending said authority have been duly passed and
are now in full force and effect
Executed this the day of 1988
CITY OF DENTON, TEXAS CITY OF CARROLLTON, TEXAS
BY BY Ad&- . e
RAY S P NS, IRAYUR MIKE EASTLAND, CITY MANAGER
ATTEST
ATTEST
J NIFE A TERS, CIT S CRETARY NICE GARRISON, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH,
CITY ATTORNEY
BY
APPROVED AS TO LEGAL FORM
KAREN BROPHY,
CITY ATTORNEY
BY
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