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1987-02917811 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS REPEATER ASSOCIATION FOR EMERGENCY COMMUNICATIONS ASSISTANCE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor and City Secretary are hereby authorized and d~rected to execute and attest, respectively, an agreement between the City of Denton and the North Texas Repeater Association for emergency assistance under the terms and conditions being contained ~n sa~d agreement which ~s attached hereto and made a part hereof SECTION II That this ordinance shall become ~ts passage and approval PASSED AND APPROVED th~s the ~ effective ~mmed~ately upon day of ~~--, 1987 RAY ST MB~ cI~NTON, TEXAS ATTEST ACTI~N~ CItY SECRETARY CiTY~'~6F DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ' BY THE STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT BETWEEN NORTH TEXAS REPEATER ASSOCIATION AND THE CITY OF DENTON, TEXAS The City of Denton, hereafter referred to as the "C~ty" and North Texas Repeater Association, hereafter referred to as "NTRA", hereby agree to the terms and conditions set forth herein Section I Purpose The purpose of this agreement is to provide emergency com- munications for the City of Denton in meeting any emergency or disaster from enemy attack or other cause, natural or man-made This agreement recognizes that the prompt, full and effective utilization of the resources of the respective organizations, the City and NTRA, is effective utilization of the resources of the respective parties is essential to the safety, care and welfare of the people thereof in the event of a major emergency or disaster Section II ResponsibIlItIes The directors and officers of both parties shall constitute a committee to formulate plans and take all necessary steps for the implementation of this agreement Such planning shall incorporate the use of resources, including personnel and equipment necessary It shall be the duty of each party to formulate emergency plans and programs for application within the boundaries of each There shall be frequent consultation between the representatives of the City and NTRA and free exchange of information and services In carrying out such emergency services, the City and NTRA shall, so far as possible, provide and follow uniform standards, practices and rules and regulations, including A Warnings and signals for exercises or disasters and the mechanical devices to be used ~n connection therewith, B Selection of equipment and services used, or to be used, for emergency purposes to assure that such equipment and services will be easily and freely interchangeable when used in or by the other party, C The conduct and control of generators, trustees, radio operators, City staff and other involved personnel and their proper movement or activities prior, during and subsequent to exercises, emergencies or disasters, D The compliance of governing FCC rules and regula- tlons~ which may require periodic monitoring of the frequencies involved by the City Equipment provided by NTRA must not belong to an individual, but must be NTRA approved, sponsored and operated Either party requested to render aid shall take such action as is necessary to provide and make available the resources covered by this agreement in accordance with the terms hereof, provided that it is understood that the party rendering aid may withhold resources to the extent necessary to provide reasonable protection for the other The emergency communications forces, NTRA, and the utilizing forces, the City, will continue under the command and control of their regular leaders, but the communications units or forces shall come under the operational control of the City authorities receiving assistance when this agreement ~s activated All requests under this agreement shall be made between the City and NTRA officials, or according to emergency plan activa- tion, when available This organizational tool will serve as a channel through which aid will be dispatched Section III Assistance by NTRA The following detailed services shall be provided by NTRA to the City A Emergency communications, if requested for Telephone/power outages Tornado warning Flash flood warning Shelter/evacuation v Surveillance/reconnaissance B Non-emergency services for Provision of consultation on communications systems/upgrade Planning for other emergency services Provision of electricity for repeater operations Telephone line/charges for repeater operations v UHF and VHF repeater systems Maintenance of tower and equipment PAGE 2 C The following City to NTRA In addition, NTRA will continually maintain its assigned area in a clean and neat manner and provide a minimum of one patrol during daytime and one at night, on an irregular basis, for security Section IV Assistance by City detailed services shall be provided by the A Emergency support for Assessment of needs Direction and control of information Keeping NTRA Informed of the emergency situation Portable generator, if available B Non-emergency services for Tower Building Section Limitations Limiting factors affecting NTRA service to the C~ty will be based on severity of situation and manpower availability due to catastrophic disasters or survival situations Portable power generators are available for electrical power and normal repeater operations Limiting factors affecting the City service to NTRA w~ll be based on access to the antenna, repeater, and controller apparatus Section VI Liability and Compensation Neither party shall provide payment of compensation nor death benefits to ln~ured members of the other party and the representatives of deceased members of either party in case such members sustain injuries or are killed while renderxng aid pursuant to this agreement Section VII Supplementary Agreements Inasmuch as it is probable that the pattern and detail of the arrangements for mutual aid among two (2) or more agencies may differ from that appropriate among other agencies hereto, th~s agreement contaxns elements of a broad base common to all PAGE 3 parties, and nothing herein contained shall preclude any party or agency from entering into supplementary agreements with other agencies Such supplementary agreements may comprehend, but shall not be limited to, providing communications for evacuation, reception o£ injured or other persons, and the exchange of information concerning medical care, fire, police, public utility, reconnaissance, welfare, transportation and assistance to the City communications personnel, equipment and supplies for communications by NTRA Section VIII Consideration NTRA will pay One Dollar ($1 00) per year for facility usage in addition to providing the above services Section IX Term This agreement shall continue in force and remain binding on each party for one (1) year from the date of execution and shall be automatically renewed for successive one (1) year terms, until such time as the governing body of either party takes action to withdraw therefrom Such action shall not be effective until thirty (30) days after written notice thereof has been sent by the other party wishing to terminate the agreement Notices shall be deemed effective when deposited in the United States mall, certified, postage prepaid, return receipt requested and shall be delivered to CITY OF DENTON Lloyd V Harrell City Manager Zl$ East McKlnney Denton, Texas 76201 Section X NORTH TEXAS REPEATER ASSOCIATION Woody Llljedahl P 0 Box 2603 Denton, Texas 76202 Severablllty This agreement shall be construed to effectuate the purpose stated in Section I, hereof If any provision of this agreement is declared unconstitutional, or the applicability thereof to any persons or circumstances is held invalid, the constitutionality of the remainder of the agreement and the applicability thereof to other persons and circumstances shall not be affected thereby Section XI Default Any violation of rules set forth in this agreement by NTRA shall necessitate the immediate removal of ali NTRA equipment from City property and invoke the provisions of Section IX PAGE 4 Section XII No Duty Impose,~ This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or part~es Any per- formance undertaken by the C~ty pursuant to th~s agreement shall be pursuant to the governmental function of prowdlng emergency services to the public ~n general and this agreement ~s not meant to and shall not be construed as ~mpos~ng any duty, public or private, on any party hereto to prowde any assistance, a~d, or care to the other party or to any third party Executed th~s the~z/ day of ~, 1987 CITY OF DENTON, TEXAS ATTEST JEI~IFER~WKLTBRS AC~I~G ClkTY SECRETARY CI~,Y~JOF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY NORTH TEXAS REPEATER ASSOCIATION BY ~? WOODY LIIfJBD~HI~, PRESIDENT 17811 PAGE 5