HomeMy WebLinkAboutResolution - 111176A - Agreement - County Hospital District - 11_11_1976S
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby author-
ized and directed to execute Agreements with the Lubbock County Hospital
District covering installation of Communications Equipment, attached here-
with which shall be spread upon the Minutes of the Council and as spread
upon the Minutes of this Council shall constitute and be a part of this Resolu-
tion as if fully copied herein is detail.
Passed by,the City Council this 11th day of November 1976.
ROY BA MAYOR
�.TTEST:
l
, City Vcretary-Treasurer
'ROVED AS TO FORM:
.Jr. ,
THE STATE OF TEXAS
COUNTY OF LUBBGCK
AGREEMENT
This Agreement is between the LUBBOCK COUNTY HOSPITAL DISTRICT,
hereinafterreferred to as the "DISTRICT", and the CITY OF LUBBOCK, TEXAS,
hereinafter referred to as the "CITY",
WITNESSETH:
WHEREAS, the CITY owns certain real and personal property located at
the intersection of Southeast Drive and 66th Street, Lubbock, Texas, the current
use of the same being for a communications system, with attendant receivers,
transmitters, tower, antenna and miscellaneous equipment, used principally
by the City Police Department for radio communications and transmissions; and
WHEREAS, a portion of the communications equipment situated upon the
real property of the CITY was installed and is owned by Lubbock County, Texas,
for the use and operation of the Sheriff's Department of Lubbock County, Texas,
in conjunction with the City Police Department with regard to radio communica-
tions and transmissions; and
WHEREAS, the DISTRICT desires to install, operate and use additional
radio communications and transmission equipment for a communications system
for the Emergency Medical Services Program of the DISTRICT and the DISTRICT
desires the use of the said property for such program,
WHEREAS, it is deemed to be in the public interest for the DISTRICT to
have permission to use said property for this purpose,
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT the CITY and the DISTRICT, in consideration of the mutual cove-
nants and agreements herein contained, hereby agree as follows:
(1). The CITY agrees to permit the installation and operation of any and
all equipment as determined by the DISTRICT that is necessary for a complete
UHF Voice and Telemetry Communications System for the use by the DISTRICT
in its Emergency Medical Services Program on the property of the CITY at the
intersection of Southeast Drive and 66th Street, Lubbock, Texas, as is des-
cribed in the attached Exhibit "A".
(2). The CITY agrees, at its expense, to be responsible for the mowing
of weeds and grasses, and for general maintenance of the property to ct used
by the DISTRICT outside of a fence to be erected by the DISTRICT (as is herein-
after set forth).
(3). The CITY agrees to permit unrestricted ingress and egress by the
DISTRICT, its employees, servants or agents, to the property of the CITY as
is described herein for the purpose or purposes of preliminary planning, instal-
lation, operation, inspection, maintenance and repair of the equipment for the
operation of the UHF Voice and Telemetry Communications System.
(4). The DISTRICT agrees to the use of the property of the CITY for the
design, installation and operation of such equipment as determined by the
DISTRICT that will be necessary for a complete UHF Voice and Telemetry
Communications System on the said property at its expense. Such design shall
be to utilize space for one antenna at or below the 270 foot level on the tower.
(5). The DISTRICT agrees that the Communications System to be designed
and installed on the said property of the CITY shall cause no interference with
the radio communications system of the City Police Department in its communi-
cations and transmissions; and in the event that the initial installation and
operation of the DISTRICT'S communications system causes interferences with
the communication system of the CITY, the DISTRICT shall bear the expense
necessary to eliminate such interferences.
(6). The DISTRICT agrees to bear all expenses for utilities for electricity
and/or natural gas or other expense of operation for the UHF Voice and Tele-
metry Communications System to be installed by the DISTRICT on the said
property of the CITY.
(7). The DISTRICT agrees to install a fence to accomodate the communi-.
cations equipment and.the portable building housing such on the said property
of the CITY in the approximate location as shown on the attached Exhibit "B".
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(8). The DISTRICT agrees, at its expense, to be responsible for the
mowing of weeds and grasses and for the general maintenance of the grounds
within the confines of the fence (as set forth on Exhibit "B") to be installed
and erected by the DISTRICT on the said property of the CITY.
(9). The DISTRICT agrees to bear all expenses, if any, for the moving
or rearranging of the existing building, storage tank and other equipment
currently situated on the said property if necessary for the proper installation
of the UHF Voice and Telemetry Communications System as contemplated by
this Agreement.
(10). The DISTRICT shall indemnify and save the CITY harmless from
any and all claims for damages to property or injury to persons caused as a
result of the use of the said property of the CITY (and the personal property
and equipment of the County located upon the same), or in the installation,
use, maintenance, repair or removal of such communications equipment of
the DISTRICT thereon, due to the negligence of its employees, agents or
servants, (insofar as the DISTRICT is liable therefor under law) and the CITY
shall not be liable for any claim for property damage or injuries to persons
resulting from the use of the property of the CITY by the DISTRICT. The
-DISTRICT shall in all contracts for installation or repair of any equipment
or improvements require its contractor to provide evidence that CITY is
included as a named insured to indemnify the CITY.
(11). In the event that either party to this agreement should desire to
terminate either the permission to use or the use of the property which is
the subject hereof, written notification thereof shall be given at least 120
days in advance of the termination date with notice to the CITY to be given
to the City Manager at City Hall, Lubbock Texas, and notice to the DISTRICT
to be given to the Executive Director of the DISTRICT at the general offices
of the DISTRICT in Lubbock, Texas; in the event permission is to be revoked
or the use of the property is to be discontinued, the DISTRICT shall bear all
expenses necessary for the orderly removal of its communications equipment
which is to be installed by the terms of this Agreement, and shall restore the
property of the CITY to substantially the same condition prevailing previous
to this Agreement.
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EXECUTED this 11th day of 1976.
LUBBOCK COUNTY HOSPITAL DISTRICT
By:
Chairman, Board of Managers
ATTEST:
Secretary to the Board of Managers
CITY OF LUBBOCK
y:
P,aproved as to form?
Fred O. Senter, Jr., City Attorney
EXnXDX'r "A•'
4.428 acres of land out of Sections 3 and 4, in Block
S, Lubbock County, Texas, described by metes and
bounds as follows:
Beginning.at the NW corner of said Section 4, in Block
S, same beginning the NE corner of said Section 3,
Block S, in Lubbock County, Texas
THENCE North 89 deg. 17'25 East, 150 feet;
THENCE South 0 deg. 42'35" East, 517 feet to the
north R-O-W of Loop 289;
THENCE Southwesterly along the Loop R-O-Sd a chord
distance of 354.38 feet;
THENCE North 0 deg. 42135" West, 648.7 feet;
THENCE North 89 deg. 17125" East, 179 feet to.the
place of beginning.
•
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THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
AGREEMENT
This Agreement is between the LUBBOCK COUNTY HOSPITAL DISTRICT,
hereinafter referred to as "DISTRICT", and the CITY OF LUBBOCK, TEXAS,
hereinafter referred to as "CITY",
W ITNESSETH:
WHEREAS, the CITY owns and maintains a radio communications system
located on city property and situated Northeast of the Lubbock Power and Light
Warehouse building on Municipal Drive, Lubbock, Texas, the location of such
being: West longitude: 101 ° 50' 15. 3"; North latitude: 33 ° 36' 5. 2"; the same
being used principally by the City Departments for radio communications and
transmissions; and
WHEREAS, the DISTRICT desires to install, operate and use additional radio
communications and transmission equipment on said property for a communica-
tions system for the Emergency Medical Services Program of the DISTRICT; and
WHEREAS, it is deemed to be in the public interest for the DISTRICT to have
permission to use said property for this purpose; NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
THAT the CITY and the DISTRICT, in consideration of the mutual covenants
and agreements herein contained, hereby agree as follows:
(1). The CITY agrees to permit the installation and operation of any and all
equipment as determined by the DISTRICT to be necessary for a complete UHF
Voice and Telemetry Communications System for the use by the DISTRICT in its
Emergency Medical Services Program on the property of the CITY as is above
located.
(2): The CITY agrees to permit unrestricted ingress and egress by the
DISTRICT, its employees, servants or agents to the property of the CITY as is
above located for the purpose or purposes of preliminary planning, installation,
operation, inspection, maintenance and repair of the equipment for the operation
of the DISTRICT'S UHF Voice and Telemetry Communication System.
..0 ., � .. ���t.�# 87 � .. .a:i.. yi... .. �. tf,",'.-�i t�., ...�; JF SuTM��,�-�, t�$ 4iY .�•'�+�`.�,.f `� `` _c�'::. �"S. 9�. �~' .�*k,7 �, +as F,
(3). The DISTRICT agrees to the use of the property of the CITY for the
design, installation and 3peration of such equipment as determined by the
DISTRICT to be necessary for a UHF Voice and Telemetry Communications
System for its Emergency Medical Services Program on the said property at
its expense.
(4). The DISTRICT agrees that the communications system to be designed
and installed on the said property of the CITY shall cause no interference with
radio communications system of the City; and in the event that the initial in-
stallation and operation of the DISTRICT'S communications system causes
interferences with the communications system of the CITY, the DISTRICT shall
bear the expense necessary to eliminate such interferences.
(5). The DISTRICT agrees;to bear all expenses for utilities for electricity
and/or natural gas or other expense of operation for the UHF Voice and Tele-
metry Communications System to be installed by the DISTRICT on and in con-
junction with the said property of the CITY.
(6). The DISTRICT agrees to bear such expenses as are necessary for the
installatibri of a refrigerated air-conditioning unit in the concrete block com-
munications building currently situated upon the property of the CITY as above
described and located.
(7). The DISTRICT shall indemnify and save the CITY harmless from any
and all claims for damages to property or injury to persons caused as a result
of the use of the property of the CITY, or in the installation, use, maintenance,
repair or removal of such communications equipment of the DISTRICT thereon,
due to the negligence of its employees, agents or servants, (insofar as the
DISTRICT may be held liable therefor under law) and the CITY shall not be
liable for any claim for property damage or injuries to persons resulting from
the use of the property of the CITY by the DISTRICT, The DISTRICT shall in
all contracts for installation or repair of any equipment or improvements re-
quire its contractor to provide evidence that CITY is included as a named insured
to indemnify CITY.
(8). In the event that either party to this Agreement should desire to terminate
either the permission to use or the use of the property which is the subject here-
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3
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.wj
of, written notification thereof shall be given at least 120 days in advance of the
termk.iadwi date with notice to the CITY to be given to the City Manager at City
Hall, Lubbock, Texas, and notice to the DISTRICT to be given to the Executive
Director of the DISTRICT at the general offices of the DISTRICT in Lubbock,
Texas; in the event permission is to be revoked or the use of the property is to
be discontinued, the DISTRICT shall bear all expenses necessary for the order-
ly removal of its communications equipment which is to be installed by the terms
of this Agreement, and shall restore the property of the CIT'!C to substantially
the same condition prevailing previous to this Agreement.
EXECUTED this th day of *TAmt1976.
LUBBOCK COUNTY HOSPITAL DISTRICT
BY
Chairman, Board of Managers
ATTEST
Secretary to the Board of Managers
CITY OF LUBBOCK
i c: �i t
BY / �S
`A040Y
Reproved as to form:
r Ered 0. Senter, Jr., City Attorney
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THE STATE OF TEXAS Q
COUNTY OF LUBBOCK §
AGREEMENT
This Agreement is between the LUBBOCK COUNTY HOSPITAL DISTRICT,
hereinafter referred to as "DISTRICT", and the CITY OF LUBBOCK, TEXAS,
hereinafter referred to as "CITY",
W ITNESSETH:
WHEREAS, the CITY owns and maintains a radio communications system
located on city property and situated Northeast of the Lubbock Power and Light
Warehouse building on Municipal Drive, Lubbock, Texas, the location of such
being: West longitude: 1010 50' 15. 3"; North latitude: 330 36' 5. 2"; the same
being used principally by the City Departments for radio communications and
transmissions; and
WHEREAS, the DISTRICT desires to install, operate and use additional radio
communications and transmission equipment on said property for a communica-
tions system for the Emergency Medical Services Program of the DISTRICT; and
WHEREAS, it is deemed to be in the public interest for the DISTRICT to have
permission to use said property for this purpose; NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
THAT the CITY and the DISTRICT, in consideration of the mutual covenants
and agreements herein contained, hereby agree as follows:
(1). The CITY agrees to permit the installation and operation of any and all
equipment as determined by the DISTRICT to be necessary for a complete UHF
Voice and Telemetry Communications System for the use by the DISTRICT in its
Emergency Medical Services Program on the property of the CITY as is above
located.
(2). The CITY agrees to permit unrestricted ingress and egress by the
DISTRICT, its employees, servants or agents to the property of the CITY as is
above located for the purpose or purposes of preliminary planning, installation,
operation, inspection, maintenance and repair of the equipment for the operation
of the DISTRICT'S UHF Voice and Telemetry Communication System.
(3). The DISTRICT agrees to the use of the property of the CITY for the
design, installation and operation of such equipment as determined by the
DISTRICT to be necessary for a UHF Voice and Telemetry Communications
System for its Emergency Medical Services Program on the said property at
its expense.
(4). The DISTRICT agrees that the communications system to be designed
and installed on the said property of the CITY shall cause no interference with
radio communications system of the City; and in the event that the initial in-
stallation and operation of the DISTRICT'S communications system causes .
interferences with the communications system of the CITY, the DISTRICT shall
bear the expense necessary to eliminate such interferences.
` Ir
(5). The DISTRICT agreesJo bear all expenses for utilities for electricity,
and/or natural gas or other expense of operation for the,UHF Voice and Tele-
metry Communications System to be installed by the DISTRICT on and in con-
junction with the said property of the CITY.
(6). The DISTRICT agrees to bear such expenses as are necessary for the
installation of a refrigerated air-conditioning unit in the concrete block com-
munications building currently situated upon the property of the CITY as above
described and located.
(7). The DISTRICT shall indemnify and save the CITY harmless from any
and all claims for damages to property or injury to persons caused as a result
of the use of the property of the CITY, or in the installation, use, maintenance,
repair or removal of such communications equipment of the DISTRICT thereon,
due to the negligence of its employees, agents or servants, (insofar as the
DISTRICT may be held liable therefor under law) and the CITY shall not be
liable for any claim for property damage or injuries to persons resulting from
the use of the property of the CITY by the DISTRICT, The DISTRICT shall in
all contracts for installation or repair of any equipment or improvements re-
quire its contractor to provide evidence that CITY is included as a named insured
to indemnify CITY.
(8). In the event that either party to this Agreement should desire to terminate
either the permission to use or the use of the property which is the subject here-
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