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HomeMy WebLinkAboutR88-155O98 911 RESOLUTION NO. R88-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH LUBBOCK EMERGENCY COMMUNICATION DISTRICT FOR ENHANCED 9-1-1 SERVICE. WHEREAS, the voters within Lubbock County have approved the creation of the Lubbock Emergency Communication District (LECD) in an election held for such purpose April 5, 1986; WHEREAS, the Mayor, and City Council of Plainview, Texas, believe that it would be in the best interest~of the citizens for the City of Plainview, Texas, to enter into an interlocal agreement with LECD for Enhanced 9-1-1 service; NOW, THEREFORE, BE IT RESOLVED BY THEMAYOR, AND CITY COUNCIL OF THE CITY OF YLAINVIEW, TEXAS: THAT the City of Plainview, Texas desires to participate in the LECD and that all applicable service fees authorized by law may be applied within the City of Plainview, Texas. PASSED AND APPROVED this the 28th day of June, 1988. E.V. Ridlehuber, Mayor Carla Reese, City Secretary 099 INTERLOCAL AGREEMENT This Interlocal Agreement, is made and entered into this date by and between the Lubbock Emergency Communication District, hereinafter referred to as LECD, acting herein by and through the Chairman of its Board of Managers, pursuant to a resolution duly passed by the LECD Board of Managers and the City of Plainview, Texas, hereinafter referred to as the City. W I T N E S S E T H: WHEREAS, the City wishes to provide Enhanced 9-1-1 (E9-1-1) emergency service to its citizens; and .... WHEREAS, the City has passed a resolution to enter into a interlocal agreement with LECD; and WHEREAS, the citizens of Lubbock County voted on April 5, 1986 by a vote of 15,209 in favor and 2,431 vote opposed, to form an emergency communication district; and WHEREAS, the LECD Board of Managers ordered the creation of an emergency communication district on May 1, 1986; and. WHEREAS, the LECD was created under Vernons Texas Civil Statutes Article 1432e, as amended, (VTCS 1432e) called the Emergency Telephone Number Act ; and 1 WHEREAS, the LECD Board of Managers voted to provide E9-1-1 service to the City pursuant to the provisions of VTCS 1432e; and WHEREAS, the. LECD Board of Managers has determined that all costs associated with providing E9-1-1~ to the City will be funded by revenue from the City; and WHEREAS, the LECD Board of Managers and the City, pursuant to the provisions of ~he Interlocal Cooperation Act, Texas Revised Civil Statute Annotated Article 4413 (32c), as amended, have determined that it would be in the best interests of the LECD and the City and of the citizens and inhabitants of Plainview, Texas to use the emergency communication systems of the LECD; NOW, THEREFORE, the parties agree as follows: That with the cooperation and consent of the City, the LECD shall design, implement and operate an E9-1-1 system for the City. II. That the LECD is a body politic created under the provisions of VTCS 1432e in order to provide E9-1-1 service to the citizens of its jurisdiction. The LECD is the subscriber to the service provider and will enter into 2 10i contract with each service provider in order to implement E9-1-1 for or within the City. III. That the City will be a party to this agreement. A resolution shall be passed by the City Council of Plainview to enter into this agreement and made a part as Exhibit A. IV. That the City Council of Plainview, Texas, shall designate in writing an individual to represent the City in matters pertaining to this agreement~. The Executive Director of the LECD shall be the representative to the City on matters pertaining to this agreement. That the LECD Board of Managers shall pass a resolution charging the same E9-1-1 emergency monthly service fee as is currently charged by the LECD to all service users which currently is 3% of the base rate and may be changed from time to time by the LECD Board of Managers in accordance with VTCS 1432e. This fee will be paid by the service user to the local telephone service supplier which is responsible, pursuant to VTCS 1432e, for collecting the emergency monthly service fee and remitting same to the LECD. Changes in the emergency monthly service fee, made from time to time by the LECD Beard of Managers, will be effective within the City to the same extent as in other areas of the LECD. Upon execution of a resolution by the City Council of Plainview, Texas, the LECD Board of Managers ~ill issue an order for the service suppliers to begin the E9-1-1 service fee. This fee will be collected prior to cutover of E9-1-1 to fund the non-recurring costs, and will continue after cutover to pay for recurring costs. VI. That all costs associated with providing E9-1-1 service to the City shall be paid for by the City. Such costs to be paid on or before E9-1-1 cutover will be determined as follows: 1. All service provider tariffed or otherw-~se approved charges. 2. Personnel costs 3. Travel expense 4. Supplies 5. Any and all other costs directly attributable to but not limited to legal, accounting and engineering fees. The LECD will periodically reimburse itself for the above expenses from the accumulated service fees of the City and give the City an accounting of such expenses. In the event that the City terminates this agreement, the City will pay for all the above described non-recurring costs if the monthly service fees are insufficient to pay for these charges. 103 Ail funds for the non-recurring costs shall be available and on hand at the time of E9-1-1 cutover. If these funds are not on hand, the cutover will be delayed until there is sufficient funds or should the City so desire, it can furnish other funds to the LECD in the amount of the short fall. VII. That the City shall at no cost to the LECD furnish assistance in establishing the E9-1-1 database and service to the City. That assistance will include but not be limited to map preparation and design, copies of maps and necessary staff time. In order to develop and maintain a complete and accurate data base, the LECD shall be informed on platting aCtivity, annexations, right-of-way changes and closures, and changes in street names, address ranges and any other changes that would affect the E9-1-1 data base or operation. VIII. That LECD will provide E9-1-1 that will contain both Automatic Number Identification (ANI) and Automatic Location ~dentification (ALI). Any other improvements, upgrades or changes will be made on the approval of both the City and LECD Board of Managers. 5 104 IX. That the LECD shall be responsible for maintaining, and replacing when necessary, all LECD equipment. That, at no charge to the LECD, the City will provide a suitable site for the installation, operation, and maintenance of the LECD equipment needed or desirable to operate the E9-1-1 service. Said site, known as Primary Safety Answering Point, shall meet all specifications of the LECD for the installation, operation, and maintenance of the said LECD equipment. That the LECD will design the E9-1-1 system for the City based on one answering point. This Primary Safety Answering Point will be located at City of Plainview Police Department located at 108 W. 9th Street, Plainview, Texas. XI. That the City will provide at no cost to the LECD all personnel necessary to operate the Primary Safety Answering Point and that such personnel will at all times be employees of the .City and not the LECD. 6 105 XII. Should the LECD be dissolved, pursuant to the provisions of the Emergency Telephone Number Act (VTCS 1432e), this Interlocal Agreement shall terminate as of the date of dissolution. Should either party wish to terminate sooner, this Interlocal Agreement may be terminated by either party hereto by written notice to the other party at least 180 days prior to the effective date of termination. If the termination is at the request of the LECD, said termination and removal of equipment shall not be at the expense of the City. If the termination is at the request of the City, said termination and removal of equipment shall not be at the expense of the LECD. XIII. That any notice permitted or required to be given to the LECD hereunder may be given by registered or certified United States Mail, postage prepaid, return receipt requested, addressed to the Lubbock Emergency Communication District, 2017 Broadway, Lubbock, Texas 79401, and such notice shall be deemed given upon the City's deposit of the notice in the United States Mail as aforesaid. Any notice permitted or required to be given by LECD hereunder may be given by registered or certified United States Mail, postage prepaid, return receipt requested, addressed to City Secretary, 901 Broadway, Plainview, Texas 79072 and such notice shall be deemed 106 given upon LECD's deposit of the notice in the United States Mail as aforesaid. XIV. That this agreement represents the entire agreement of the parties and that no changes or modifications of this agreement will be valid unless evidenced by an instrument in writing signed by the parties. XV. If either party fails to perform it's obligations hereunder for a lack of funds or for any other reason whatsoever, the sole and exclusive remedy of the other party shall be to terminate this agreement as s~ecified in Paragraph XII., above. XVI. This agreement shall be deemed to be executed performable in Lubbock, Lubbock County, Texas. EXECUTED this the in and day of , 1988. ATTEST: LUBBOCK EMERGENCY COMMUNICATION DISTRICT Secretary Dared: Chairman, Board of Managers 107 ATTEST: City Secretary The City of Plainview Mayor, City of Plainview Dated: June 29, 1988