AGENDA MEMORANDUM

Meeting Date:           January 24, 2011

From:                          Jim Lemberg – Manager, Communications Utility

Subject: Resolution authorizing execution of a Nonbinding Memorandum of Understanding with the Lake Town Center Property Owners' Association, Inc. regarding placement of City-owned fiber optic cable

Staff Recommendation:

Staff recommends approval of a Nonbinding Memorandum of Understanding with Lake Town Center Property Owners’ Association, Inc. regarding placement of fiber optic cable.

Analysis:

The City needs to directionally bore under a parking lot from the street to the edge of a building in order to provide communications services to a customer.  The property owner has declined to grant the City a standard utility easement.  Without a standard utility easement, any future repair to the cable may be difficult to arrange.  After studying the situation, staff has concluded that because the cable would be installed under a private parking lot, minimal risk exists regarding a potential future need to undertake such repairs.

Options:

1.  Approve the resolution, or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

The City will spend approximately $6,200 to perform this customer installation work.  Those amounts are well within the Communications Utility’s capital budget for new customer installations.  The service order for the customer at this site will be structured with a two-year initial term, guaranteeing slightly over $10,000 of revenue.

Submission Date and Time:    1/19/2011 4:22 PM____

Department: _IT/COMMUNICATIONS_ Prepared by:  __JIM LEMBERG________                      Attachments:         Yes__X__   No ______ Advertised:   ____Not Required ___X ___ Dates:   ____    ______________________                      Attorney Review :       Yes_X__  No _ ___ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. _____JB___________                                    Deputy C.M. ___________________                                          Submitted by: City Manager ___________________

Account No. _045-5099-539-xxxx  _ Project No. ___450001___________ WF No. ______WF 694093/1_____ Budget  _______$157,301.00______ Available ______$123,350.00______

RESOLUTION NO._______________

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A NONBINDING MEMORANDUM OF UNDERSTANDING WITH THE LAKE TOWN CENTER PROPERTY OWNERS’ ASSOCIATION, INC. REGARDING PLACEMENT OF CITY-OWNED FIBER OPTIC CABLE, 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 a nonbinding memorandum of understanding with LAKE TOWN CENTER PROPERTY OWNERS’ ASSOCIATION, INC. whose address is P.O. BOX 255, MOUNT DORA, FL  32756, regarding the installation of fiber optic cable.

 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 24th day of January, 2011.

                                                                            __________________________

                                                                             Mayor

ATTEST:

__________________________

City Clerk