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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}