AGENDA MEMORANDUM

Meeting Date:           January 10, 2011

From:                          Jim Lemberg, Manager – Communications Utility

Subject: Resolution authorizing an Amendment to Pole Attachment Agreement with Florida Power Corporation to extend the term of the original pole attachment agreement between the parties

Staff Recommendation:

Staff recommends approval of an Amendment to Pole Attachment Agreement with Florida Power Corporation.

Analysis:

The Communications Utility attaches fiber optic cables to utility poles under pole attachment agreements.  The City’s original pole attachment agreement with Florida Power Corporation did not contain auto-renewal language.  The term of the original agreement has ended. This amendment to the original pole attachment agreement with Florida Power Corporation will extend that agreement on a year-to-year basis until one of the parties gives notice that it wishes to terminate the agreement.

Options:

1.  Approve the resolution, or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

Under its pole attachment agreements with various pole owners, the Communications Utility pays pole attachment fees.  These fees are included in the Utility’s budget.  This amendment does not change the fees anticipated by the Utility’s current budget.

Submission Date and Time:    1/6/2011 1:52 PM1/5/2011 3:18 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. _045-5023-539-4410__ Project No. __POLEAT_________ WF No. ______________________ Budget  _____$19,547.00_________ Available ___ $15,137.38__________

RESOLUTION NO._______________

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO POLE ATTACHMENT AGREEMENT WITH FLORIDA POWER CORPORATION TO EXTEND THE TERM OF THE ORIGINAL POLE ATTACHMENT AGREEMENT BETWEEN THE PARTIES; 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 Amendment to Pole Attachment Agreement  with Florida Power Corporation, whose address is 299 First Avenue North, St. Petersburg, FL  33701, under which the City’s Communications Utility will continue to attach fiber optic cables to utility poles.

 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 10^th day of January 2011.

                                                                            __________________________

                                                                             Mayor

ATTEST:

__________________________

City Clerk