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HomeMy WebLinkAboutBPW-10-07-98-01Comm TowerResolution No. BPW- 10-07-98-01 APPRO VI AS 10 FORM BY: A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY WHEREAS, the City of Carmel ("City") desires to lease approximately 500 square feet of land adjacent to the City's Communications Tower ("Tower") located at 473 Third Ave SW, Carreel, Indiana 46032 together with the fight to use a portion of the Tower adjacent to the land for use as a telecommunications facility consisting of antennae to be located upon the Tower and a ground-level accessory cabinet. The lease will also include the fight of reasonable ingress and egress over and across City property and the fight to run cables from the accessory cabinet to areas on the Tower designated by the City for attachment of the antennae ("Tower Premises"); and WHEREAS, the Board believes it is in the City's best interest to develop specifications for the lease of the Tower Premises by requesting prospective offerors to submit proposals which address the following factors: (i) the length of the proposed lease term; (ii) provisions relative to collocation of other telecommunications facilities of the City and of third parties; (iii) renderings, site plans or drawings of the proposed telecommunications facility; (iv) the use of site design characteristics to shield the proposed facility from the surrounding environment; (v) the compatibility of each offeror's overall radio frequency plan with the service and aesthetic needs of the community; and (vi) each respective offeror's evidenced commitment to cooperative with the City with regard to the location of its wireless communications facilities; and WHEREAS, it is not feasible for the City to use the disposal method set forth in IC 36-1- 11-10 because the Tower Premises is a unique asset, the market value of which is difficult, if not impossible, to be determined by an appraisal. In addition, the disposal method set forth at IC 36- 1 - 11 - 10 does not allow the development of lease specifications based on the above factors which are necessary for the development of a telecommunication facility. Therefore, the City desires to use the alternative disposal method set forth in IC 36-1-11-12 to lease the Tower Premises. NOW, THEREFORE, BE IT RESOLVED by the City of Carreel Board of Public Works and Safety as follows: The Board hereby determines that the use of the disposal method set forth in IC 36-1-11-10 is not feasible because the Tower Premises is a unique asset, the market rental value of which is difficult, if not impossible, to accurately determine by an appraisal and the leasing of the same for a telecommunications facility requires the solicitation of proposals which address, among other things, the above stated factors. This document shall constitute the written determination of the Board to use the alternative disposal method set forth in IC 36-1-11-12 to lease the Tower Premises. However, the Board reserves the right to reject any and all proposals, if the Board determines that the proposal is not responsive or in the best interests of the City or otherwise an appropriate proposal response. That, immediately following the execution of this document, the Board will publish, or cause to be published, a form of Public Notice attached hereto as Exhibit A, in substantially the form as attached hereto, in the Noblesville Daily Ledger in accordance with IC 5-3-1. 4. That the preambles contained in this document are hereby incorporated by reference into the text of this Resolution as if fully set forth herein. Approved and Adopted this ~o*~ day of October, 1998. CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: m~es~rainard, Presiding Officer Mary~t/~~B rke, Member ' ~Bil~ker, Member ATTEST: Treasurer,, The foregoing determination of the ~oard to utilize Indiana Code Section 36-1-11-12 is hereby approved and signed by me this ,fl-~ day of October, 199,8. rainard, May0~ EXHIBIT A PUBLIC NOTICE Pursuant to IC 36-1-11-12, the City of Carmel ("City") will hold a public heating at 10:00 a.m. on October 21, 1998, in the Common Council Chambers located at One Civic Square, Carmel, Indiana. The heating will be conducted by the Carmel Board of Public Works and Safety. The purpose of the hearing will be to receive public comment on the request for proposals for the lease of approximately 500 square feet of land ("Land") adjacent to the City' s Communications Tower ("Tower") located at 473 Third Ave SW, Carmel, Indiana 46032, together with the fight to use a portion of the Tower adjacent to the Land for a telecommunications facility consisting of antennae to be located upon the Tower and a ground- level accessory cabinet. The lease will also include the fight of reasonable ingress and egress over and across City property and the fight to run cables from the accessory cabinet to the Tower and up to areas designated by the City for attachment of antennae ("Lease Premises"). The Land adjacent to the Tower commonly known as 473 Third Ave SW, Carmel, Indiana 46032 is more particularly described as follows: Part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, and more particularly described as follows: Commencing at the intersection of the South right-of-way line of Second Street, S.W. with the West right-of-way line of the Monon Railroad and being monumented by an iron pin found; thence South 00 degrees 00 minutes 00 seconds East (assumed bearing) 536.70 feet along said railroad right-of- way to an iron pin found; thence Noah 88 degrees 28 minutes 30 seconds West 6.00 feet along the South line of a parcel of land owned by the City of Carmel and described in a Corporate Warranty Deed recorded December 26, 1979 in the Office of the Hamilton County Recorder to the Point of Beginning; thence South 00 degrees 00 minutes 00 seconds East 45.00 feet; thence Noah 88 degrees 28 minutes 30 seconds West 55 feet; thence Noah 00 degrees 00 minutes 00 seconds East 45.00 feet to said south line of land owned by the City of Carmel; thence South 88 degrees 28 minutes 30 seconds East 55.00 feet along said South line to the Point of Beginning and containing 0.0568 acres more or less. The property may not be Lease to a person who is ineligible under I.C. 36-1-11-16. A proposal submitted by a trust must identify each beneficiary of the trust and each settler empowered to revoke or modify that trust. Proposals will be received at the Clerk-Treasurer's Office, Once Civic Square, Carmel, Indiana until 10:00 a.m. (local time) on October 21, 1998, and then will be opened and read aloud at the public hearing described above. Proposals will be evaluated on the monthly rental amount, length of proposed lease term agreement to permit collocation of other telecommunications facilities of the City and of third parties, subject to reasonable qualifications and limitations relative to broadcast interference and the structural integrity of the structure, any renderings, site plans or drawings of the proposed telecommunications facility which are included with the proposal, the use of site design characteristics to shield the proposed facility from the surrounding environment, the compatibility of the offeror' s overall radio frequency plan with the service and aesthetic needs of the community and each respective offeror's evidenced commitment to cooperate with the City with regard to the location of its wireless communications facilities. The City has prepared Instructions to Offerors, and proposed lease terms, copies of which may be obtained from the Clerk-Treasurer's Office during normal business hours. All factors used to evaluate proposals shall be given equal weight, except that special consideration will be given to each offeror's overall radio frequency plan and its compatibility with the service and aesthetic needs of the community and to each offeror's evidenced commitment to cooperate with the City with regard to the location of its wireless communications facilities. No certified check or other evidence of financial responsibility is required to accompany a proposal. Discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of, and responsiveness to, these solicitation requirements. The City's point of Contact is Mr. Craig A. Carpenter, Assistant City Attorney, (317) 571-2472, e-mail: ccapenter@ci.carmel.in.us. A mandatory pre-offer conference is scheduled for 9:30 a.m. on October 16, 1998, in the Common Council Caucus Room located on the second floor of the Carmel City Hall, One Civic Square, Carmel, Indiana 46032. The purpose of this conference is to accord all eligible offerors fair and equal treatment with respect to any opportunity for discussion and revisions of proposals. Following the public heating the City may lease the Lease Premises to the offeror or offerors with the most appropriate response(s) to this request for proposals. The City reserves the fight to reject any proposal or all proposals, to waive any informalities therein, and to retum unopened any proposal received after the time fixed herein.