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November 18, 2013 (Regular Meeting) /s/ Megan I.E. Smit Megan I. E. Smit Clerk to the Board of Commissioners Page 1820 (F -5) County Manager - Resolution Transferring Ownership of Weddington Communications Tower Cabarrus County used grant funds to construct a communications tower on property owned by the City of Concord off of Weddington Road. That tower is part of the joint use communications system, but is maintained as an asset by the City of Concord. The attached resolution approves the transfer of the tower's ownership over to the City of Concord. UPON MOTION of Vice Chairman Measmer, seconded by Commissioner Morris and unanimously carried, the Board adopted the following resolution: Resolution No. 2013 -23 RESOLUTION OF THE CABARRUS COUNTY BOARD OF COMMISSIONERS TO TRANSFER TO THE CITY OF CONCORD A COMMUNICATIONS TOWER WHEREAS, the City of Concord ( "City ") owns a tract of real property (the "Property ") with a street address of 7225 Weddington Road, Concord, Cabarrus County, North Carolina (PIN 4599472423). WHEREAS, in 2005, Cabarrus County ( "Cabarrus ") received a "Grant" from the United States Department of Homeland Security to purchase and install two cellular transmission towers to improve radio interoperability within Cabarrus County for all public safety agencies. WHEREAS, in 2006, the County used a portion of those grant funds to construct and install on the Property a 140 foot Sabre Model S 3TL -29 self - supporting cellular communications tower and supporting operating equipment (collectively the "Tower "). WHEREAS, since the construction and installation of the Tower on the Property, the City has maintained the Tower at its expense, pursuant to an 3nterlocal agreement concerning radio interoperability among certain public agencies in Cabarrus County. WHEREAS, there is no prohibition in the Grant to prohibit transfer of the Tower from the County to the City. WHEREAS, pursuant to N.C. Gen. Stat. §160A -274, the County may transfer the Tower to the City without consideration if the Board of Commissioners considers such a transfer to be in the best interests of the County. WHEREAS, in view of the foregoing, the County believes that it is in the best interests of the County to transfer the Tower to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CABARRUS COUNTY BOARD OF COMMISSIONERS by legal affirmative vote that: 1. The Tower shall be transferred by the County to the City; and 2. The County Manager is authorized to execute the appropriate transfer documents subject to review by the County Attorney. 3. This 18 day of November, 2013. CABARRUS COUNTY BOARD OF COMMISSIONERS By: /s/ Elizabeth F. Poole Elizabeth F. Poole, Chairman