HomeMy WebLinkAboutItem 25 - Ground and Tower Lease AgreementRESOLUTION NO. 2024-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AUTHORIZING THE SECOND
AMENDMENT TO THE GROUND AND TOWER LEASE
AGREEMENT WITH NEW CINGULAR WIRELESS PCS,
LLC, FOR THE PURPOSE OF INSTALLING, OPERATING
AND MAINTAINING A COMMUNICATIONS FACILITY, AND
INSTALLING, REMOVING, REPLACING AND
MAINTAINING UTILITY CABLE, CONDUITS AND PIPES ON
THE BARTON ELEVATED STORAGE TANK AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, on March 7, 1997, the City of Grapevine (hereinafter referred to as
“Lessor”) entered into a Ground and Tower Lease Agreement with Southwestern Bell
Wireless Inc (SBW), acting in its capacity as a general partner of the Dallas SMSA Limited
Partnership (“Lessee”) on the Barton Water Tower; and
WHEREAS, the City of Grapevine entered into the First Amendment, on
September 16, 2014, with New Cingular Wireless PCS, LLC, a wholly owned subsidiary
of AT&T; and
WHEREAS, New Cingular Wireless PCS, LLC desires to add a generator and pad
and increasing the size of the leased property to include the generator and pad; and
WHEREAS, New Cingular Wireless PCS, LLC is required to make the following
improvements: maintain the surrounding area with gravel, remove the chain link fence
around the shelter and replace with a rod-iron fence to match adjacent and paint the
shelter’s woodwork to match the building under the elevated storage tank; and
WHEREAS, the City Manager is authorized to execute all documents necessary
to complete this transaction; and
WHEREAS, all constitutional and statutory prerequisites for the approval of this
resolution have been met, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council deems the adoption of this resolution to be in the best
interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Resolution No. 2024-018 2
Section 2. That the City Council of the City of Grapevine approves entering into
the second amendment to the Ground and Tower Lease Agreement for the Barton Water
Tower, located at 21 West Texas Street, with New Cingular Wireless PCS, LLC.
Furthermore, the City authorizes the City Manager to execute all documents necessary
to complete this transaction.
Section 3. That this resolution shall take effect from and after the date of its
passage.
Section 4. That it is hereby officially found and determined that the meeting at
which this resolution is passed is open to the public and public notice of the time, place
and purpose of said meeting was given as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 19th day of November, 2024.
APPROVED:
_____________________________
William D. Tate
Mayor
ATTEST:
__________________________________
Tara Brooks
City Secretary
APPROVED AS TO FORM:
__________________________________
Matthew C.G. Boyle
City Attorney