HomeMy WebLinkAboutPR 14889: FREQUENCY RECONFIGURATION AGREEMENT WITH NEXTELinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney /`~,,,/( ~- Z~-
Date: August 22, 2008
Subject: P. R. No. 14889; Council Meeting August 26, 2008
P. R. No. 14889 authorizes the City Manager to execute an
Interlocal Agreement between the City of Port Arthur and the City
of Port Neches as to accept a Frequency Reconfiguration Agreement
with Nextel of Texas, Inc.
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Attachment
cc: Fire Chief Curran
Fire Chief Richard
Police Chief Blanton
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P. R. No. 14889
08/22/08 gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF PORT ARTHUR AND CITY OF PORT NECHES,
AS TO ACCEPT A FREQUENCY RECONFIGURATION
AGREEMENT WITH NEXTEL OF TEXAS, INC.
WHEREAS, on July 29, 2008, the City Council of the City of
Port Arthur approved Resolution 08-302, which is an Interlocal
Agreement with the City of Port Neches; and
WHEREAS, the City of Port Arthur is obtaining new replacement
frequencies and associated equipment at no cost to the City, which
will be paid via a confidential Frequency Reconfiguration Agreement
involving Nextel and Motorola pursuant to FCC guidelines; and
WHEREAS, the City of Port Neches will notify Nextel, Motorola,
and the FCC that it is also acting on the City of Port Arthur' s
behalf as to replace City of Port Arthur frequencies and associated
equipment; and
WHEREAS, the Frequency Reconfiguration Agreement shall not
require the City of Port Arthur, nor the City of Port Neches to
expend any funds for the reconfiguration of frequencies or the
replacement of the associated equipment; and
WHEREAS, the City Council deems it in the best interest of the
public to enter into the Interlocal Agreement with the City of Port
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Neches, in substantially the same form as attached hereto as
Exhibit "A", as to accept the Frequency Reconfiguration Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2.
execute an Interl
substantially the
accept the Nextel
Section 3.
08-302.
That the City Manager is herein authorized to
Kcal Agreement with the City of Port Neches, in
same form as attached hereto as Exhibit "A", to
Frequency Reconfiguration Agreement.
That this Resolution supersedes Resolution No.
Section 4. That a copy of the caption of this Resolution
be spread upon the Minutes of the Corporation.
READ, ADOPTED AND APPROVED on this day of August, A.D.,
2008, at a Meeting of the City Council of the City of Port
Arthur, by the following vote: AYES:
Mayor
NOES:
Mayor
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ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM:
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CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT ~A"
INTERLOCAL AGREEMENT
WHEREAS, The City of Port Neches as the licensee on February 9, 2007
submitted a "Planning Funding Agreement" to Sprint Nextel Corporation
(Sprint/Nextel) for replacing two Fail Soft frequencies on the 800MHz Sharenet Radio
System used by the cities of Port Arthur, Nederland, Groves, and Port Neches herein
called the "Consortium," as was agreed to by each Consortium entity in an Interlocal
Agreement by the Consortium; and,
WHEREAS, The City of Port Neches, on behalf of the Consortium, was
authorized to submit for approval the 800 MHz Reconfiguration Request for Planning
Funding Form and execute all future necessary documentation to transfer radio
frequencies to Sprint/Nextel; and
WHEREAS, The City of Port Neches holds licenses for ten (10) 800 MHz
frequencies under Call Sign WNVF965 on the main trunked 800 MHz Sharenet System
used by the Consortium; and,
WHEREAS, The City of Port Neches with Consortium participants have
negotiated with Nextel of Texas, Inc. (Nextel), a wholly owned indirect subsidiary of
Sprint Nextel Corporation, for a "Frequency Reconfiguration Agreement" (FRA)
(EXHIBIT A) to replace the two Fail Soft frequencies on the 800 MHz Sharenet System
used by the Consortium; and,
WHEREAS, The City of Port Arthur, during FRA (EXHIBIT A) negotiations and
at the request of the licensee for rebanding purposes, applied for a Special Temporary
Authority (STA) for five (5) FCC licenses for National Public Safety Advisory
Committee (NPSPAC) mutual aid frequencies for the two repeaters located on the Port
Arthur tower behind the police station so that they too can be funded for rebanding; and,
WHEREAS, The City of Port Arthur upon full approval from the Federal
Communication Commission (FCC) regarding the STA application will become a
licensee for the five (5) NPSPAC mutual aid frequencies; and,
WHEREAS, Each City, under authority of the Interlocal Cooperation Act,
§§791.001 et seq, Texas Government Code, has determined that it is in their best
interests to enter into this Interlocal Agreement.
Page 1 of 5
NOW, THEREFORE, THE CITIES AGREE AS FOLLOWS:
THAT, The Port Neches City Manager and Emergency Management
Coordinator are hereby authorized to accept the Frequency Reconfiguration
Agreement (EXHIBIT A), upon the review of the Consortium, with Nextel and act as
the sole signatory of the FRA (EXHIBIT A) and future documents during the
rebanding process until rebanding is completed; and,
THAT, The City of Port Arthur hereby authorizes the City of Port Neches to
sign the Frequency Reconfiguration Agreement (EXHIBIT A) on behalf of the City of
Port Arthur for the new NPSPAC frequencies to be licensed upon approval of the
FCC which are currently in the STA application process during the rebanding
process; and,
THAT, A copy of the Frequency Reconfiguration Agreement (EXHIBIT A) is
attached to this resolution; and,
THAT, This Interlocal Agreement maybe executed in multiple counterparts.
EXECUTED this date , 2008
City of Port Neches
Mayor
ATTEST:
City Secretary
APPROVED FOR FORM:
City Attorney
APPROVED FOR ADMINISTRATION
City Manager
Page 2 of 5
City of Port Arthur
Mayor
ATTEST:
City Secretary
APPROVED FOR FORM:
City Attorney
APPROVED FOR ADMINISTRATION
City Manager
City of Nederland
Mayor
ATTEST:
City Secretary
APPROVED FOR FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
City Manager
Page 3 of 5
City of Groves
Mayor
ATTEST:
City Secretary
APPROVED FOR FORM:
City Attorney
APPROVED FOR ADMINISTRATION
City Manager
Page 4 of 5
EXHIBIT "A"
CONFIDENTIAL FREQUENCY RECONFIGURATION AGREEMENT
THAT IS ON FILE IN THE CITY SECRETARY'S OFFICE
Page 5 of 5