HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/20/2001 - FIRST READING OF ORDINANCE NO. 33, 2001, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 29
FORT COLLINS CITY COUNCIL DATE: February 20, 2001
STAFF: Virgil Taylor
SUBJECT:
First Reading of Ordinance No. 33, 2001, Authorizing the Conveyance to Voicestream PCS II of
an Additional Easement on City-owned Property at City Park North Ballfield, for the Location of
Utilities Associated With its Previously Approved Lease for Antenna Equipment.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
The additional easement will facilitate installation of utilities for the previously approved lease. The
lease will generate$12,000 annually over the initial five-year term. The lease rate will increase 20%
each additional five-year term.
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EXECUTIVE SUMMARY:
Voicestream PCS II Corporation worked with the Parks Division to obtain a lease fora parcel of
land for a pole, antenna and related equipment to enhance its cellular phone service. On January 2,
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2001 Council approved Ordinance No. 193, 2000, authorizing the lease to Voicestream PCS II of
a location for a pole. Voicestream has agreed to purchase and install the pole for the City on the
North Ballfield, pursuant to City specifications, for an array of personal communications service
antennas. Ordinance No. 193, 2000, also provided that, in order for Voicestream to install, operate
I and maintain the necessary equipment in connection with the lease arrangement, the City would
grant to Voicestream, access and utility easement rights on and under certain portions of the North
Ballfield. Voicestream has a nonexclusive use in connection with the agreement during the term
of the agreement.
Since the adoption of Ordinance No. 193, 2000, Voicestream has determined that one additional
easement location will be required to allow for a necessary telephone line connection.
lie Staff has determined that the proposed installation and use by Voicestream of the additional
easement, along with the previously approved lease, access and utility easement, is consistent with
and will not conflict or interfere with the City's and the public's use of the North Ballfield.
The financial benefits to the City of permitting the proposed use are substantial, and the impacts to
the City are minimal.
• ORDINANCE NO. 33, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO VOICESTREAM PCS 11
OF AN ADDITIONAL EASEMENT ON C]TY-OWNED PROPERTY AT
CITY PARK NORTH BALLFIELD,
FOR THE LOCATION OF UTILITIES ASSOCIATED
WITH ITS PREVIOUSLY APPROVED LEASE FOR ANTENNA EQUIPMENT
WHEREAS, the City is the owner of that certain parcel of real property known as the City
Park North Ballfield (the "North Ballfield"); and
WHEREAS,the Council has previously approved Ordinance No. 193,2000,authorizing the
lease to Voicestream PCS H ("Voicestream") of a location on a pole Voicestream has agreed to
install for the City at the North Ballfield, pursuant to City specifications, for an array of personal
communications service antenna; and
WHEREAS,Ordinance No. 193,2000,also provided that,in order for Voicestream to install,
operate and maintain the necessary equipment in connection with the lease arrangement, the City
would grant to Voicestream access and utility easement rights on and under certain portions of the
North Ballfield, for Voicestream's nonexclusive use in connection with the Agreement during the
term of the Agreement; and
• WHEREAS, since the adoption of Ordinance No. 193, 2000, Voicestream has determined
that one additional easement location will be required to allow for a necessary telephone line
connection, on the property described on Exhibit "A", attached hereto and incorporated herein by
this reference (the "Additional Easement"); and
WHEREAS,City staff has determined that the proposed installation and use by Voicestream
of the Additional Easement, along with the previously approved lease and access and utility
easement, is consistent with and will not conflict or interfere with the City's and the public's use of
the North Ballfield; and
WHEREAS,the financial benefits to the City of permitting the proposed use are substantial,
and the impacts to the City of the same are minimal; and
WHEREAS,Section 23-l 1 1 of the City Code provides that the Council is authorized to sell,
convey or otherwise dispose of real property owned by the City,provided the Council first finds by
ordinance that any sale or disposition of real property owned by the City is in the best interests of
the City of Fort Collins.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby determines that the grant to Voicestream PCS
II,of a non-exclusive access and utility easement over that certain City property described on Exhibit
"A",also attached hereto and incorporated herein by this reference,is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute an Easement Agreement
conveying to Voicestream non-exclusive access and utility easement rights on and under the
Additional Easement property, as described on Exhibit "A", for the duration of the City's related
lease agreement with Voicestream PCS, H,which Easement Agreement shall be consistent with the
terms hereof and with the Agreement, along with such other provisions as the City Manager, in
consultation with the City Attorney, deems necessary or appropriate to protect the interests of the
City.
Introduced, considered favorably on first reading, and ordered published this 20th day of
February, A.D. 2001, and to be presented for final passage on the 6th day of March, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of March, A.D. 2001.
Mayor
ATTEST:
City Clerk