HomeMy WebLinkAboutResolution - 2016-R0390 - Interlocal Radio Equipment And Antenna Lease - City Of Ransom Canyon - 10/27/2016Resolution No.2016-R039-0
Item No.6.27
October 27,2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock an interlocal Radio Equipment and Antenna Lease,by and
between the City of Lubbock and the City of Ransom Canyon,Texas,and related documents,for
the placement of radio equipment on the water tower at Ransom Canyon.TX in exchange for the
City of Ransom Canyon,TX's shared right to transmit and receive radio signals using the radio
equipment.Said Contract is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passedbythe CityCouncilon October 27,2016
DANIEL M.POHE,MAYOR
ATTEST:
Rebdcca Garza,City Secreta
APPROVED AS TO CONTENT:
Mark Yoarwood^Assistam City Manager
APPROVED AS TO FORM:
on louerl.ease.2016.doc
Resolution No. 2016-RO390
RADIO EQUIPMENT AND ANTENNA LEASE
This interlocal agreement (Agreement) is entered into by and between the Town of Ransom Canyon,
Texas, a general law municipality (Lessor) and the City of Lubbock, Texas, a home rule municipality
(Lessee), who are collectively referred to as the Parties, for the purposes set forth below.
In exchange for valuable consideration as more fully described below, the receipt and sufficiency of
which is hereby acknowledged, Lessor and Lessee do hereby agree as follows:
Purpose
Lessor does hereby lease to Lessee a site for placement of 800 MHz radio equipment, including
transmitters, receivers, transponders, repeaters, control equipment, cabling and antennae (Equipment), for
use by Lessee on, in and around Lessor's municipal water tower (Property), as described on the attached
EXHIBIT A. Lessee, at its sole discretion, may, from time to time, exchange, add, remove or modify the
Equipment, indicating any changes by attaching amendments to EXHIBIT A.
Consideration and Funding
In exchange for the use of the Lessor's Property to store, operate, protect, contain and support Lessee's
Equipment, and the provision of electrical power to the Lessee's Equipment, Lessee will allow the Lessor
to transmit and receive radio signals using the Equipment. Each party paying for the performance of
governmental functions or services must make those payments from current revenues available to the
paying party. If the governing body of any Party fails to approve a budget which includes sufficient funds
for the continuance of this Agreement, or should the governing body of any of the Parties fail to certify
funds for any reason, then this Agreement shall terminate as to that Party and that Party shall have no
further obligation to the other Party.
Term
The Lease term shall be for a period of ten (10) years, subject to funding appropriation.
Termination
Either Party may terminate this Agreement at any time upon thirty (30) days notice to the other Party.
Upon termination, Lessee shall be given a period of not less than thirty (30) days following the end of this
lease to remove its equipment.
Access to Property
Lessee shall be allowed access to and from Property described on the attached EXHIBIT A. The means
of access shall be approved by Lessor prior to use. Installation of the Lessee's equipment will require a
concrete pad furnished by the Lessee, installed on the northwest leg of the Lessor's water tower. Lessee
will pay for all coax runs and conduit for electricity.
Non Interference
The use of the Property and access by Lessee must not interfere with the use and enjoyment of the
Property by Lessor.
Approval and Licensing
Lessee shall be responsible for obtaining approval and licensing for the placement and operation of the
Equipment from any local, state, or federal regulating authorities, including, without limitation, the
Federal Communications Commission and the Federal Aviation Administration.
Notices
For the City of Lubbock (Lessee):
City Secretary
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457-2000
W/ copy to:
Mark Yearwood
Assistant City Manager and CIO
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Entire Agreement
For the Town of Ransom Canyon (Lessor):
City Administrator
Town of Ransom Canyon
24 Lee Kitchens Drive
Ransom Canyon, Texas 79366-2299
W/ copy to:
Director of Operations
Town of Ransom Canyon
24 Lee Kitchens Drive
Ransom Canyon, Texas 79366-2299
This agreement constitutes the entire agreement of the parties and may not be modified except in writing.
Parties
The Lessor is the City of Ransom Canyon, Texas, 24 Lee Kitchens Drive, Ransom Canyon, Texas 79366-
2299 and any and all legal notices to the City of Ransom Canyon shall be sent to the City Administrator
at that address. The Lessee is the City of Lubbock, Texas, 1625 13' Street, PO Box 2000, Lubbock,
Texas 79457-2000 and any and all legal notices to the City of Lubbock shall be sent to the City Secretary
at that address. The parties acknowledge and affirm that no department of either City has the legal
authority to enter into any contract of any type or nature in the name of the department or to accept any
legal notice on behalf of either city.
Venue and Applicable Law
This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or
regulations of the United States of America, the State of Texas and the Parties, and any other regulatory
body having jurisdiction. This Agreement shall be construed and governed according to the laws of the
State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement
shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively.
Rights and Remedies Reserved
The Parties reserve unto themselves the right to exercise any right or remedy available to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in
a court of competent jurisdiction. Further, the Parties shall not be subject to any arbitration process prior
to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative
and not exclusive, and may be exercised concurrently.
Public Information
This Agreement is public information. To the extent, if any, that any provision of this Agreement is in
conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information
Act") the same shall be of no force and effect.
No Third -Party Beneficiaries
This Agreement is entered solely by and between, and may be enforced only by and among the Parties.
Except as set forth above, this Agreement shall not be deemed to create any rights in or obligations to
any third parties.
No Personal Liability
Nothing in this Agreement is construed as creating any personal liability on the part of any employee,
officer or agent of any public body that may be a party to this Agreement.
No Joint Enterprise
This Agreement is not intended to, and shall not be construed to create any joint enterprise between or
among the parties.
No Indemnification
The parties expressly acknowledge that their authority to indemnify and/or hold harmless each other and
any third party is governed by Article Xl, Section 7 of the Texas Constitution and any provision which
purports to require indemnification by either party is invalid.
Sovereign Immunity Acknowledged and Retained
THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF
THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY
PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE
BY OPERATION OF LAW. THE PARTIES RETAIN ALL GOVERNMENTAL IMMUNITIES.
AGREED:
FOR THE CITY OF LUBBOCK, TEXAS: FOR HE JOWN OF RANSOM CANYON,
7T,
,ig4L�? a.— 7 -
DANIEL M. POPE, Mayor R ERT NG , Mayor
►� umalwi1
ATTEST:
eb cca Garza, City Secreta
APPROVED AS TO FORM:
Mark Y rwood, CIO, AC
Date:
ATTE T:
Elena Quintanilla, City Administrator
APPROVED AS TO FORM:
Harold Needham, Dir. Of Operations
APPiOVED AS TO FORM:
Attorney
dlbbdom'ciry data'cttyatrCITY.4TNOHMIT Dept\Radio Tower Lease - Ransom Can}on.2016.3.doe
EXHIBIT A
Equipment to be installed by Lessee on Lessor's Property:
1) One R7-62DDCW-ACD DDB Unlimited 62" H x 34" D with (52 Rack units) Outdoor
Enclosure with A/C, or equivalent. Will require a concrete pad furnished by the Lessee.
Installed on the Northwest leg of the Water tower.
2) Two channel 48V DC VDOC control point.
3) Network control equipment.
4) Clock Control Equipment.
5) One RFS S134-W 1 OAC Compact Line Antenna, Ultra High Performance, Single
Polarized, 4 foot Microwave Dish, or equivalent, at 85' above ground level on the west
part of the water tower. One I and 7/8 inch Lightwave coax from dish to cabinet.
6) Two DB Spectrum DS8AO6F36U-D Antennas, or equivalent, at 175' above ground level
with two 7/8" coax cables from antenna to cabinet.
(See attached description of R7-62DDCW-ACD Equipment Enclosure)
Lessee will pay for all coax runs and conduit for electricity.
Location and Description of Facilities to be used on the Property:
Location of Property is east of Ransom Canyon City Hall, 24 Lee Kitchens Drive, Ransom
Canyon, TX -Coordinates N 33' 32' 09.90" W 1 O1 ° 40' 38.70"
(See attached drawing — Infinity TDCS — City of Lubbock 5/24/16)
Description of Water Tower:
Four post water tower 175' above ground level.
FOR THE CITY OF LUBBOCK, TEXAS:
Mark earwoo , CIO, A M
FOR THE TOWN OF RANSOM CANYON,
TEXAS:
Harold Needham, Dir. Of Operations
R7-62 D D C W-AC D Click Here For More
62rr H x 34" D (51 RU) Outdoor Enclosure 4'"t°r a`°"°�''"e
Size
6000 BTU
Voltage
220 Vohs AC
Dimensions
35.97" H x 15.94" W x 7.35" D
Security
Programmable
Constructed
Durable 16 gauge welded steel construction
NEMA
Optional 4, 4X class & divisional
NEMA
Weight
Weatherproof aluminum filled
315 Lbs. assembled
gasket seals top lid
375 Lbs, shipping weight
Doors
- -
2, secured by three point locking system
Height
Locks via customer supplied padlocks
62"
Sealed with.875" aluminum filled gaskets
Width
Material
23.625"
.125" AlumiflexTM
Depth
Finish: Flat aluminum
See racking specifications
RF properties: Non-ferrous
— Useable depth
Handles
Stainless steel, padlocking
NEMA Class Types available
Class 250 Type 4X
Ralls
Paint Tested
4 standard, 2 half length (for additional
1000 Hour salt spray (textured)
rails see accessories)
1000 Hour immersion
Alodine coated
Holes tapped for 10-32 threads
Each rail supported by two R-STRUTSTA1
Height
.125" Material (AlumiflexTM)
57.875"
Spacing
Width
19" or 23" Racking available
Useable Height
Height: 62"
Useable Depth
Main Body
Maximum:30.5" Minimum:28.75"
Height:62.25"
Width: 25.5"
Depth: 34"
Dimensions
AlumishieldT"'
26" H x 22" W x 10" D
Hang down height: 1.75"
Security
Width: 28.46"
2 Quarter turns Screwdriver Lock
Depth: 38.6875"
Constructed
Handles
- Out of .125" Alumlfiexrm Continuously
Protrude 1.875"
welded on all seams
Total Space Occupied
Finish
Height: 62.875"
Polished, unpainted aluminum
Width:38.25"
Plate
Depth: 44.25"
.5" plywood removable plate
Top
58.76'-62.00"
3.25"
30.50"
58.5T' — 58.75"
.18"
29.50"
37.00" — 58.57"
21.57"
30.50"
Center
25.00"-37.00"
12.00"
28.75"
3.43" — 25.00"
21.57"
30.50"
3.25"-3.43"
18"
29.60"
Bottom
0.00" — 3.25"
3.25"
30.50"
F15
Attachment to EXHIBIT A
6
L
V IISIHXa o; ;uautgae;;V
I
I
I
I
I
I
I
as ==Is a .K*esz Buoej
a=q n= urals*,M uo Buuajuy posodad
—WiM 9 un/So JMt
Ueld )old G S -1M Wosuea ONe-1
)iaoggnl jo A113 - Soal f4lugul
' 110-10Z
W
V
s
I
t
I
•;uawdinbe pue
oipw posodo.ad ay; asnoy
o;;aulgeo joop Ino mau
_ e aol u0111e3ol a;ewlxojddV
X-.9£
ors �sr..�ns o, � - �—
yJ�d p `
i
u
Overflow Height @ 1761 AGL-
w
Bottom of Bowl @ 153' AGL
Horizontal Brace @ 121 to 122' AGL
/hocpaww e '16',is L
dN to V) 11L
2
Horizontal Brace @ 83' to 84' AGL
2 - 7/Y Co,,k
L: �� wA��
COAA
ki
Horizontal Brace @ 37' to 38' AGL
i
Ground Elev. 3116' AMSL
f
Ransom Canyon
4' Railing @ 174' to 178' AGL
Walkway @ 158' to 163' AGL
20'-0"
Not to scale
Infinity TDCS - City of Lubbock
Lake Ransom WT — Tower Drawing
TWG 05/24/16 „
NE LegISE Leg
ment to EXHIBIT A
i