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HomeMy WebLinkAboutResolution - 2063 - Agreement - Lubbock County - Law Enforcement Communication System, 79Th & Slide - 06/14/1985DGV:da RESOLUTION Resolution #2063 June 14, 1985 Agenda Item #46 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and Lubbock County to allow the place- ment of radio communications and transmission equipment at 79th Street and Slide Road, attached herewith, 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 Resolution as if fully copied herein in detail. Passed by the City Council this 14th day o ATTEST: .. .. ...... E ane oy , City Secretary 1 APPROVED AS TO LATENT: i I I ' Billayne, irec oro A minis rative Services APPROVED AS TO FORM: D d G. Vandiver, Attorney y f June , 1985. H NRY, MAY Resolution #2063 THE STATE OF TEXAS S COUNTY OF LUBBOCK § AGREEMENT This Agreement is between LUBBOCK COUNTY, hereinafter referred to as "COUNTY", and the CITY OF LUBBOCK, TEXAS, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, the CITY owns and maintains a radio communications system located on city property and situated Northwest of the Intersection of 79th Street and Slide Road, Lubbock, Texas, the location of such being: West longitude: 101 degrees 551 20"; North latitude: 33 degrees 311 20"; the same being used principally by the City Departments for radio communications and transmissions; and WHEREAS, the COUNTY desires to install, operate and use additional radio communications and transmission equipment on said property for a communications system for the County Law Enforcement function of the COUNTY; and WHEREAS, it is deemed to be in the public interest for the COUNTY to have permission to use said property for this purpose; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the CITY and the COUNTY, 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 COUNTY to be necessary for a complete VHF Voice Communications System for the use by the COUNTY In its Law Enforcement Function on the property of the CITY as Is above located. (2). The CITY agrees to permit unrestricted Ingress and egress by the COUNTY, 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 COUNTY's VHF Voice Communication System. (3). The COUNTY agrees to the use of the property of the CiTY for the design, installation and operation of such equipment as determined by the COUNTY to be necessary for a VHF Voice Communications System for Its Law Enforcement Function on the said property at its expense. (4). The COUNTY 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 Installation and operation for the COUNTY's communications system causes Interferences with the communications system of the CITY, the COUNTY shall bear the expense necessary to eliminate such interferences. (5). The COUNTY agrees to install a fence to accomodate the communication equipment and a portable building housing such on the said property of the CiTY. (6). The COUNTY agrees to bear all expenses for utilities for electricity and/or natural gas or other expenses and operations for the VHF communciation system to be installed by the COUNTY on the said property of the CITY. (7). The COUNTY 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 COUNTY thereon, due to the negligence of its employees, agents or servants, (insofar as the COUNTY 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 COUNTY. The COUNTY shalt 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 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 where Is the subject hereof, written notification thereof shall be given at least 120 days in advance of the termination date with -2- notice to the CITY to be given to the City Manager at City Hall, Lubbock, Texas, and notice to the COUNTY to be given to the County Judge of the COUNTY at the general offices of the COUNTY in Lubbock, Texas; In the event permission is to be revoked or the use of the property Is to be discontinued, the COUNTY 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. EXECUTED this 14th day of June 1985. APPROVED CR MINAL DISTRICT LUBBOCK COUNTY ATTORNEY: +� BY BY, COUNTY JUDGE FEST: - _ MOCK..00UNT, ,CLERK CiTY OF LU BY MAYOR Ranette Boyd, City Secretary —3—