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1988-1152275L NO I i 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 LEWISVILLE 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 Lewisville 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 imme ate y upon its passage and approval PASSED AND APPROVED this the J day of 1988 RAY ST t1B1 S, M YOR ATTEST JE Est ALTERS, CITY CRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY 2275L THE STATE OF TEXAS § MUTUAL USE AGREEMENT BETWEEN THE CITY OF DENTON & CITY OF LEWISVILLE COUNTY OF DENTON § FOR 800 MHz TRUNKED COMMUNICATIONS This Agreement is made between the City of Denton, Texas ("Denton"), and the City of Lewisville, Texas ("Lewisville"), as follows RECITALS Denton and Lewisville both own, operate, and maintain 800 MHz trunked communication systems ("System"), for the purpose of providing radio communications in support of their respective police, fire, and other governmental operations Denton and Lewisville 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 Lewisville to use the Denton System, an Lewisville shall allow Denton to use the Lewisville 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 Each party is assigned the use of the fleet, and subfleet identification numbers, and fleet names, of the respective Systems, as follows System Fleet Subfleeting Fleet ID Number N ID Number Numbers Name ame System A City of Denton 0OB12 300 1-15 DPD 0OB12 400 1-15 DFD 00728 600 1-15 LPD 00728 700 1-15 LFD 0OB12 500 1-15 MAF 00728 100 1-7 DBU 00728 101 1-7 DBU 01201 401 1-15 CBU B City of Lewisville 00728 600 1-15 LPD 00728 700 1-15 LFD 0OB12 300 1-15 DPD 0OB12 400 1-15 DFD 0OB12 500 1-15 MAF 2 Term Termination This Agreement shall begin on the date o execution by oth 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, ano 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 Assignment Neither party shall assign this Agreement to any other party without the prior written consent of the other 5 Entire Agreement This Agreement embodies the whole Agreement of-the parties There are no promises, terms, condi- tions, or obligations other than those contained, or referenced PAGE 2 herein This Agreement shall supersede all previous communica- tions, 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 6 Notices Unless notices required to be writing and delivered in the respective parties at To Denton City Manager 215 East McKinney Denton, Texas 76201 To Lewisville 7 Authority to Sign Each party represents to the other that the uunncers gne 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 /4.t-l~ day of i 1988 CITY OF DENTON, TEXAS CITY OF LEWISVILLE, TEXAS BY n~Y BY RA S 'P 'NS, AYOR 'f/ve/fs R mve% ~rinjmgyr< ATTEST ATTEST 44A ERS, ITY SECRETARY CITY LECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH CITY ATTORNEY BY © r notified otherwise in writing, all given to either party shall be in person or sent by certified mail to the following addresses APPROVED AS TO LEGAL FORM CITY ATTORNEY BY PAGE 3 i I I 1