HomeMy WebLinkAbout99-081Resolution No. 99- ~ ~ /
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
ESTABLISHING A FEE FOR FILING A LEASE APPLICATION FOR THE
LOCATION OF TELECOMMUNICATIONS FACILITIES ON CITY PROPERTY, AND
APPROVING A PERSONAL WIRELESS SERVICE FACILITIES LEASE WITH
VOICESTREAM PCS BTA I CORPORATION, A DELAWARE CORPORATION, AS
AGENT FOR COOK INLET WESTE~ WIRELESS PV/SS PCS, L.P., A DELAWARE
LIMITED PARTNERSHIP, FOR A PORTION OF THE CITY'S WATER TOWER
PROPERTY, LOCATED AT 1919 20TH STREET, PORT TOWNSEND,
WASHINGTON
The City Council of the City of Port Townsend, Washington, does resolve as follows:
WtIEREAS, the City Council has adopted Chapter 17.78 PTMC, "Personal Wireless
Service Facilities," Ordinance No. 2571, that establishes, among other things, the requirements
for telecommunications carriers' and providers' use of City property; and
WHEREAS, Chapter 17.78 PTMC establishes the City's water tower property as a
"preferred location" for personal wireless service facilities, due to its location, elevation,
opportunities to provide maximum service coverage, and due to its remoteness from residential
neighborhoods. In enacting Chapter 17.78 PTMC, the City Council has made the legislative
determination that the use of the water tower property is appropriate for this purpose; and
WHEREAS, the environmental suitability of the City water tower property for personal
wireless service facilities was analyzed through environmental review associated with adoption of
Chapter 17.78 PTMC. Further, the Lessee will be required to obtain permits for this proposed
use. Neither this resolution, nor the attached Lease provide any assurances of any outcome
through the permit process; and
WHEREAS, the City of Port Townsend recognizes the importance of recouping its
expenses for reviewing pro~s from telecommunications providers and carriers for the leasing
of City property for the location of telecommunications facilities; and
WHEREAS, in accordance with Chapter 3.44 PTMC (Disposition of Surplus Property),
at a regular City Council meeting held on November 15, 1999, the City Council held a public
hearing concerning the attached Lease; and
WHEREAS, the attached Lease contains terms, including fair rental value and duration,
which are comparable to leases approved for personal wireless facility services throughout
Washington State. The City Council finds that the negotiated rent and other lease terms represent
fair market value for this Lease.
NOW, TItEREFORE, BE IT RESOL~, the City Council for the City of Port
Townsend hereby resolves as follows:
Section 1. A fee for filing a lease application for the location of personal wireless service
facilities on City property is hereby approved. One Thousand and No/100 ($1,000.00) Dollars
is hereby adopted as the fee for filing a lease application for the location of telecommunications
facilities on City-owned property. This fee shall apply to the attached Lease, as well as any future
leases for personal wireless service facilities on City property.
Section 2. Based upon the public record before the City Council, and in accordance with
the City Council's legislative, proprietary authority, the City Council hereby concludes that for
· purposes of renting the 40' x 40' portion of City property described in the attached Lease, and in
accordance with Chapter 3.44 PTMC, the portion of the City's water tower property described
in the attached I.ease is declared surplus to the City'S needs, under the terms and conditions stated
in the attached Lease.
Section 3. The City Manager is hereby authorized to sign the Lease and Memorandum of
Lease in substantially the same form as attached hereto.
ADOIrrED by the City Council of the City of Port Townsend and signed by the Mayor on
this/5- day of ~-~00t~ B t:,r~. ,1999.
Attest:
Pa~ Kolacy' City Clerk~
Forrest Rainbo, Mayor
Approved as to Form:
, City Attorney
10125199 [99-35] CA§Res{TeleComm.res}