Item No: 5I.
Meeting Date: April 22, 2013
From: Jim Lemberg – Manager, Communications Utility
Subject: Resolution authorizing execution of an Interlocal Agreement with Lake County to transfer ownership of a radio tower to the City
Staff recommends approval of a resolution authorizing an Interlocal Agreement with Lake County for the transfer of ownership of a radio tower from the County to the City.
The self-supporting radio tower located at the City’s Police Department is currently owned by the County. In past years, various County and City entities placed antennas on the tower for communications needs. At present, no core County departments have any antennas on the tower, and the County has declared the tower to be surplus property (although Lake EMS has antennas on the tower, the County has not considered that in its assessment of the tower as surplus to County needs). The County has offered to transfer the tower to the City in exchange for the City’s agreeing to negotiate in good faith with Lake EMS on a separate antenna lease agreement under which Lake EMS antennas would be allowed to remain on the tower.
Historically, the parties having antennas on the tower annually contributed monies to a fund administered by the City for the costs of operating and maintaining the tower. Some of those monies have been used to pay a professional engineering firm to inspect the tower and to perform a structural analysis. That inspection and analysis identified some required maintenance and repairs. Quotes have been obtained from three firms for that work, and all three quotes were significantly lower than the current balance in the tower maintenance fund. That work will be separately procured and undertaken if Commission approves this resolution.
Funds for the continued operation and maintenance of the tower will primarily come from rents collected from Lake EMS under the yet-to-be negotiated separate antenna lease agreement noted above, from other antenna lease agreements (one other party has contacted the Communications Utility about negotiating such an agreement), and from the Communications Utility’s use of the tower for its own future network infrastructure.
The Communications Utility will be assigned overall responsibility for the administration of the tower.
1. Approve the resolution authorizing the Interlocal Agreement, or
2. Such alternative action as the Commission may deem appropriate
The maintenance and repair work identified by the professional engineering firm will cost approximately $7,000.00, and another $2,000.00 will be spent to have the engineering firm inspect the completed work. The tower’s maintenance account contains adequate funds.
Annual antenna rents will likely total $4,000.00 - $5,000.00. Routine maintenance during the period of 1992 - 2010 averaged $2,662.72. During that period, one-off maintenance and/or repair events occurred in four years and ranged from $1,500.00 to $6,400.00. When those are included, the average annual maintenance/repair cost was $3,567.95. Additionally, the tower was struck by lightning and required a repair in 2004 that cost slightly over $46,000. Any antenna lease agreement the City might enter pertaining to this tower will contain a force majeure clause which will prevent the City being required to return the tower to full functionality should it be damaged by another lightning strike.
Prepared by: _Jim Lemberg___________
Attachments: Yes__X__ No ______
Advertised: ____Not Required _ _X____
Attorney Review : Yes_X__ No ____
Reviewed by: Dept. Head ________
Finance Dept. _BLM_____________
Deputy C.M. ___________________
City Manager ___________________
Account No. 045-5023-539.46-40
Project No. n/a
WF No. n/a
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT WITH LAKE COUNTY TO TRANSFER OWNERSHIP OF A RADIO TOWER FROM THE COUNTY TO THE CITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:
THAT the Mayor and City Clerk are hereby authorized to execute an Interlocal Agreement with Lake County, Florida, whose address is P.O. Box 7800, Tavares, FL 32778, under which the County will transfer ownership of a radio tower to the City.
THAT this resolution shall become effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the twenty-second day of April 2013.