HomeMy WebLinkAboutMattituck Fire DistrictRESOLUTION 2013-394
ADOPTED
DOC ID: 8811
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-394 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 7, 2013:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of
Southold and the Mattituck Fire District in connection with a Town-wide high band radio
communication system, subjeet to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
ORIGIN/ L
INTERMUNICIPAL AGREEMENT
THIS AGREEMENT made the ~7,J r~day of May, 2013, between the
THE TOWN OF SOUTHOLD, with offices located at 53095 Main Road,
Southold, New York, hereinafter designated as the "Town" and the MATTITUCK
FIRE DISTRICT, with offices located at 666 Pike Street, Mattituck, New York,
hereinafter designated as the "District".
WITNESSETH:
WHEREAS, the Town of Southold is desirous of creating a town-wide high
band radio communication system to improve mobile to mobile and mobile to base
communications between all fire districts in the Town, and
WHEREAS, the Town intends to negotiate a license agreement with
American Towers, Inc. ("American") to install the requisite equipment at the
Noyack Tower Facility located at 507 Middle Line Highway, Sag Harbor, New
York ("Noyack Tower") and
WHEREAS the District is currently a licensee of space on the Noyack
Tower which houses the equipment required to operate the District's current
communication system, and,
WHEREAS American has indicated that the installation of the Town wide
communication system could potentially cause interference with the District's
communication system, and
WHEREAS American, in furtherance of its obligations to the District under
their current License Agreement, has requested that certain assurances be given to
the District from the Town prior to entering into a License Agreement with the
Town regarding the Town's responsibility to address any potential interference
caused by the installation of the Town wide system.
NOW, THEREFORE, in consideration of the covenants and promises
contained herein, the parties agree as follows:
1. Prior to the installation of any equipment, the Town's Consultant,
Integrated Wireless & Technology, will confirm that base equipment can
be installed in the cabinet without disturbance to any of the District's
existing base equipment.
2. If any of the District's base equipment is damaged by the installation of
the Town's base equipment, the Town will bear the cost of its repair or
replacement in the event a repair is not possible.
3. The Town will notify the District prior to the commencement and at the
conclusion of installation of any base equipment in the cabinet.
4. The Town will bear all costs related to the installation of the base
equipment required for the Town wide communication system.
5. If at any time it is determined that the installation, operation or any
subsequent alteration or repair of the Town wide communication system
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causes interference with the District's communication system, the Town,
upon reasonable notice from the District, will, at its sole cost and
expense, take any necessary action to remove the interference and to
restore the District's transmission and reception to normal levels.
6. Based on the foregoing, the District has no objection the Town's License
Agreement with American.
IN WITNESS WHEREOF, the parties have duly executed and delivered this
Agreement the day and year first above written.
TOWN OF ~/~FHOLD
MATTITUCK FIRE DISTRICT
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK )
On this ~'- day of-~3~4_, 2013, before me came Scott A. Russell, to
me personally known who being b~, me duly swom did depose and say that he
resides at Southold, New York, that he is the Supervisor of the Town of Southold,
the municipal corporation described in and which executed the within instrument,
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that he knows the seal of said corporation, that the seal affixed to said instrument
is such corporate seal, that it was so affixed by the order of the Town Board of
said Town, and that he signed his name thereto by like order.
Notary Public
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK )
On this/~-~- day of Pq~)/, 2013, before me came~-ootv
to me personally ~o~ who being by me duly sworn did depose ~d say ~at he _
.. - ~ ·
reslaes at ~r .... ~, New York, ~at he ~s ~ Ec~ oF
the municipal co~oration described in ~d which execmed the wi~in instrument,
that he ~ows ~e seal of said co~oration, that ~e seal affixed to said instment
is such co.orate seal, that it was so affixed by the order of the Tz;;~ Bo~d of
~, ~d thru he si~ed his nme ~ereto by like order.
t No~ Public
MARGARET C. RUTKOWSKI
Notary Public, State of New York
No, 4982528
Qualified in Suffolk County
Commission Expires June 3,
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