AGENDA #4d
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Lease of Space for a Radio Receiving and Transmitting Antenna on a Town-Owned Light Pole at Scroggs Athletic Field
DATE: May 9, 2004
The attached resolution would authorize the Manager to execute a two-year lease agreement with Public Gallery of Carrboro, Inc. (WCOM Community Radio) for the lease of space on a Town-owned light pole at Scroggs Athletic Field for radio receiving and transmission antennas. The resolution would also authorize the Manager to negotiate short term leases at the conclusion of the two-year lease period.
On June 14, 2004, the Council authorized the Manager to execute a short term lease with WCOM Community Radio to provide a site for a mast with receiving and transmitting antennas at Scroggs Athletic Field. The lease expires on May 21, 2005.
North Carolina General Statute 160A-272 states that public property may be rented or leased by a municipality pursuant to a resolution of the Council authorizing the execution of the lease, adopted at a regular meeting, and upon 10 days’ public notice. We published such notice in the Chapel Hill News on April 27, 2005.
The proposed extension of the lease agreement would continue to contain the following main points:
· The lease would be for the existing mast and antennas that are located on top of an existing 73-foot light pole at Scroggs Field.
· The term would be for two years with the possibility for extensions at the discretion of the Council.
· The Town would receive $100 per month.
· WCOM Community Radio would maintain insurance limits acceptable to the Town.
· WCOM Community Radio would pay for any damage to Town property that occurs due to the presence of the mast and antenna.
Manager’s Recommendation: That the Council adopt the attached resolution authorizing the Manager to execute a two-year lease agreement with Public Gallery of Carrboro, Inc. (WCOM Community Radio) for the lease of space on a Town-owned light pole at Scroggs Athletic Field for radio receiving and transmission antenna.
A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A TWO-YEAR LEASE AGREEMENT FOR USE OF A TOWN-OWNED LIGHT POLE AT SCROGGS ATHLETIC FIELD FOR THE PURPOSE OF ALLOWING PUBLIC GALLERY OF CARRBORO, INC. (WCOM COMMUNITY RADIO) TO MAINTAIN A MAST WITH RADIO RECEIVING AND TRANSMISSION ANTENNA (2005-05-09/R-4)
WHEREAS, Public Gallery of Carrboro, Inc. operates a community-based radio station know as WCOM Community Radio; and
WHEREAS, WCOM Community Radio has attached receiving and transmitting antenna to a Town-owned light pole at Scroggs Athletic Field; and
WHEREAS, WCOM Community Radio provides a service to the citizens of Chapel Hill;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to execute a two-year site lease agreement with Public Gallery of Carrboro, Inc. for the lease of space on a Town-owned light pole at Scroggs Athletic Field for radio receiving and transmission antenna.
BE IT FURTHER RESOLVED by the Council that, at the conclusion of the lease period, the Manager is authorized to evaluate the performance of Public Gallery of Carrboro, Inc. If the performance of Public Gallery of Carrboro, Inc. is satisfactory, the Manager is authorized to execute an additional short-term lease, not to exceed 11 months in length, without further Council action. Upon making the same evaluation at the end of each extension term, the Manager may execute up to four additional extensions at the end of the extended lease period without further Council action.
This the 9th day of May, 2005.