1986-188FILE REFERENCE FORM 86-188
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Amended b Ordinance No. 2004-123 04/20/04 JR
1586L
NO
AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT BETWEEN THE CITY
OF DENTON AND THE DENTON STATE SCHOOL FOR MUTUAL ASSISTANCE
DURING TIMES OF CATASTROPHIC EVENTS OR DISASTERS, AND PROVIDING
FOR AN EFFECTIVE DATE
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the Mayor and City Secretary are hereby authorized and
directed to execute and attest, respectively, a mutual aid
agreement between the City of Denton and the Denton State School
for mutual assistance during times of catastrophic events or
disasters under the terms and conditions being 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 16th day of September, 1986
RAY ENS MAYOR
CITY F DENTON, TEXAS
ATTEST
2-~I~
---CHARLOTTE ALLEN CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
THE STATE OF TEXAS MUTUAL AID AGREEMENT
BETWEEN THE CITY OF DENTON
COUNTY OF DENTON AND DENTON STATE SCHOOL
Parties and Purpose
This agreement is entered into between the City of
Denton, Texas, a municipal corporation, hereinafter referred
to as "City", and the Denton State School, a facility owned
and operated by the Texas Department of Mental Health and
Mental Retardation, hereinafter referred to as "School", to
provide for mutual assistance during times of catastrophic
events or disasters
Mutual Assistance in Public Emergency
In the event of occurrence of a tornado, earthquake,
storm, aircraft disaster, explosion, toxic gas leak, or other
similar catastrophic accident, natural disaster, or
emergency, which cannot be met with the usual resources and
facilities of the parties hereto, the City and School agree,
upon request of the other, to furnish the assistance provided
for herein Notwithstanding any other provision setting
forth the assistance to be provided for herein, the extent or
ability to provide such assistance shall be determined solely
by the party from whom assistance is requested or furnished,
and it is understood that the assistance requested or
furnished may be refused, limited or recalled at the sole
discretion of the party from whom assistance is requested or
furnished
Assistance by City
Should the School suffer a catastrophic event, natural
disaster, or other similar occurrence within the contempla-
tion of this agreement, the City shall, upon the request of
School, subject to the limitations of this agreement, provide
the following
a Available vehicles required for evacuation or trans-
portation of the School's personnel and clients
b Assistance in coordination and arranging for tempo-
rary lodging of School's personnel and clients when
evacuation of School's facilities is required
c Assistance in providing for the furnishing and
delivering of food, medical supplies and personnel,
and other necessary emergency equipment, supplies
or personnel, to the School or to temporary lodg-
ing sites in cases where the School's facilities
are required to be evacuated
d Emergency clearing and control personnel at the
School's facilities, to remove rubble, remove or
replace damaged utility lines, control traffic and
provide other services as needed to provide emer-
gency care to School's personnel and clients
e Any other services, personnel, equipment, or mate-
rial that is warranted and available under the
circumstances
3 Assistance by School
Should the City suffer a catastrophic event, natural
disaster, other occurrence within the contemplation of this
agreement, the School shall, upon the request of City,
subject to the limitations of this agreement, provide the
following
a Temporary lodging facilities in School's facilities
b Available vehicles for emergency transportation
c Available surplus food, supplies, and equipment not
immediately needed by School
d Available fire personnel and equipment
e Any other services, personnel, equipment, or mate-
rial that is warranted and available under the
circumstances
Coordination and Planning of Assistance under Agreement
City hereby authorizes and directs its Director of the
Office of Emergency Management, and School hereby authorizes
and directs its designated officer or employee, to mutually
plan for, establish, and coordinate the details of imple-
menting and furnishing the services and assistance agreed to
be provided for in this agreement
No Duty Imposed
This agreement shall not be construed as or deemed to be
an agreement for the benefit of any third party or parties
Any performance undertaken pursuant to this agreement shall
be pursuant to the governmental function of providing emer-
gency services to the public in general and this agreement is
not meant to and shall not be construed as imposing any duty,
public or private, on any party hereto to provide any
assistance, aid, or care to the other party or to any third
party
Term
This agreement shall continue in effect until terminated
by either party hereto, by such party giving thirty days'
written notice to the other of its intent to terminate this
agreement
Executed the day of 1986
CITY OF DENTON, TEXAS
BY _
RAY SFEPHENS, MAYOR
ATTEST
Y SECRETARY
CHARLOTTE ALL N, I
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY rYY\
DENTON STATE SCHOOL
BY ~I
ATTEST
SECRETARY
86-343 TXT