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HomeMy WebLinkAboutResolution No. 88-09 CITY OF THE COLONY, TEXAS $OL TION NO. A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF THE COLONY AND NORTH TEXAS REPEATER NETWORK (NTRN} WHEREAS, NTRN is a non-profit organization affording an inter-connected mobile radio relay repeater system for the amateur radio community; and WHEREAS, NTRN, through citizens crime watch, cooperates with local police departments and provides emergency communications during storm by reporting damage and traffic, and renders community services; and WHEREAS, The colony owns the city north water tower in the City of The Colony, and is willing during the term of this agreement to permit NTRN to install, main and operate radio equipment at such site: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: The City Manager is hereby authorized to enter into an agreement, attached hereto as Exhibit "A" and made a part of this Resolution, with the North Texas Repeater Network for the provision of emergency radio communications. PASSED AND APPROVED on this ~/~ay of ~/~/L. , 1988. Don ~Am'ic k, Mayor ATTEST: ~..~?..~tti A. '}~...~s, City Secretary , AGREEMENT This agreement, by and between North Texas Repeater Network (NTRN) and The Colony, made and entered into this ~ day of April 1988. WITNESSETH: That WHEREAS, NTRN is not a for-profit organization affording an inter-connected mobile radio relay repeater system for the amateur radio community, and through citizens crime watch cooperates with local police departments and provides emergency communications during storms by reporting damage and traffic, and renders community services; and WHEREAS, The Colony owns the city north water tower in the city of The Colony and is willing during the term of this agreement to permit NTRN to install, maintain and operate radio equipment at such site; NOW, THEREFORE, in the spirit of community service and in consideration of the mutual benefits to be derived hereunder the parties agree as follows: 1. The Colony agrees to permit NTRN to install, maintain, inspect, repair and operate its equipment at The Colony water tower. Such installations shall be at such points as are designated by .The Colony, but all such installation, maintenance, inspection, repair and operation shall be at the sole cost, risk and expense of NTRN, and The Colony shall have no control of or responsibility for such equipment or the use thereof. 2. No payment is to be made by NTRN to The Colony except by provisions of insurance. 3. The rights granted to NTRN hereunder are not assignable. This agreement may be terminated by The Colony upon 90 days written notice to NTRN. Upon such notification, NTRN shall remove all its equipment from the premises. 4. NTRN equipment shall not interfere with cable television or city communications. If such is the case, NTRN will cease operation. Testing will be allowed for elimination of the interference. If the city seeks removal of NTRN equipment due to unresolved problems caused by interference, then this condition shall be met after' 90 days. 5. NTRN shall carry Comprehensive General Liability Insurance with limits of not less than $300,000 applicable to bodily injury, sickness or death in any one occurance; and $100,000 for loss of or damage to property in any one occurance. NTRN shall furnish Certificate of Insurance evidencing the insurance required hereunder. Executed as of the day and year first herein written. NORTH TEXAS REPEATER NETWORK . THE COLON¥~/-~