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