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HomeMy WebLinkAboutBPW-06-18-97-03 Am'd Cell TowerResolution No. BPW-06-18-97- A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY (AS AMENDED FROM ORIGINAL RESOLUTION BPW-06-18-97 -- &g ) WHEREAS, the City of Carmel (the "City") desires to lease approximately 2,475 square feet of space (the "Premises"), which space is a portion of the land adjacent to the Water Tower located on the land commonly known as 473 Third Avenue SouthWest, Carmel, Indiana 46032, together with the fight to use a portion of the tower adjacent to the Premises for a telecommunications facility consisting of antennae to be located upon the tower (or a replacement structure such as a monopole) and a ground-level accessory building. The lease will also include the non-exclusive fight to run cables under the land described below from the Premises to the structure and up to areas designated by the City for attachment of the antennae (the Premises, together with the use fights described above shall hereinafter be referred to as the "Tower Leased Premises"); and WHEREAS, the City desires to lease a portion or all of its land located at 5484 East 126m Street, Carmel, Indiana 46033. The lease will also include the non-exclusive right to run cables under the land described in Exhibit B below from such land to a structure and up to areas designated by the City for attachment of an antennae (the "Water Plant Leased Premises"); and WHEREAS, The Water Plant Leased Premises and the Tower Leased Premises are sometimes collectively referred to as the "Leased Premises"; and WHEREAS, Indiana Code Section 36-1-11-10 sets forth procedures pursuant to which the City may lease property, and Indiana Code Section 36-1-11-12 sets forth alternative procedures pursuant to which the City, after certain determinations and approvals are made and obtained, may also lease property; and WHEREAS, the City of Cannel Board of Public Works and Safety (the "Board") desires to lease the Leased Premises pursuant to Indiana Section 36-1-11-12, the altemative procedure for leasing municipally owned property, which alternative procedure contemplates the solicitation of proposals to develop specifications; and WHEREAS, pursuant to Indiana Code Section 36-1-11-12, the Board must make a written determination containing its reasons for determining that the use of Indiana Code Section 36-1-11-10 is not feasible; and WHEREAS, the use of Indiana Code Section 36-1-11-10 is not feasible because the Leased Premises constitutes a unique asset of the City, the fair market rental value of which may be difficult, if not impossible, for an appraiser to accurately determine; and WHEREAS, the Board believes it is in the best interests of the City and the public to develop specifications for the lease of the Leased Premises by requesting prospective offerors to submit proposals which include, address or relate to the following terms, factors and items: (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 cooperate with the City with regard to the location of its wireless communications facilities (the factors listed in clauses (i) ~ (vi) above are hereinaf~er referred to collectively as the "Factors"); and WHEREAS, the use of Indiana Section 36-1-11-10 is not feasible because it does not contain adequate provisions for the development of lease specifications, as such specifications relate to the Factors and as is made necessary in this instance because of the unique nature of a lease of the Leased Premises for a telecommunications facility. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: That the Board hereby determines that the use of I.C. 36-1-11-10 is not feasible because the Leased 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 which for a telecommunications facility requires the solicitation of proposals which address, among other things, the Factors. That this document shall constitute the written determination of the Board to use the provisions of I.C. 36-1-11-12 to lease the Leased Premises. However, the Board reserves the fight 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. o That, immediately following the execution of this document, the Board will publish, or cause to be published, the forms of Public Notice attached hereto as Exhibit A and Exhibit B, in substantially the form attached hereto, in the Noblesville Daily Ledger in accordance with I.C. 5-3-1. That the preambles contained in this document are hereby incorporated by reference into the text of these Resolutions as if fully set forth herein. Approved and Adopted this /?z~ day of CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: ~l~rn'~s Brainard Ma or Date: Bi~2alker, Member Date: ,1997. ATTEST: Diana Cordra , Clerk-Treasure~ Date: ~ ~/f/f/~ 7 ..... dian~la~Cno~e Section 36-1-11-12 is James Brainard, Mayor EXHIBIT A PUBLIC NOTICE Pursuant to IC 36-1-11-12, the Office of the Mayor of the City of Carmel (the "City") will hold a public hearing at 1:30 p.m. on ,1997, in the Common Council Chambers located at One Civic Square, Carmel, Indiana. The hearing 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 lease of: approximately 2,475 feet of space (the "Premises"), which space is a poaion of the land adjacent to the Water Tower located on the land commonly known as 473 Third Avenue SouthWest, Carmel, Indiana 46032, together with the fight to use a poaion of the structure adjacent to the Premises for a telecommunications facility consisting of an antennae to be located upon the structure and a ground-level accessory building. The lease will also include the non-exclusive fight to run cables under the land described below from the Premises to the structure and up to areas designated by the City for attachment of the antennae (the Premises, together with the use fights described above shall hereinafter be referred to as the "Leased Premises"). The land adjacent to the Water Tower located on the land commonly known as 473 Third Avenue SouthWest,, Carmel, Indiana 46032 is more particularly described as follows: Part of the East Half of the Southeast Quarter of Section 25, Township 18 Noah, 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 Carreel 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 North 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 leased to a person who is ineligible under IC 36-1-11-16. A proposal submitted by a trust must identify each beneficiary of the trust and each settlor empowered to revoke or modify that trust. Proposals will be received at the Clerk-Treasurer's Office, One Civic Square, Carmel, Indiana, until 1:30 p.m. (local time) on ,1997, 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 proposed lease terms, a copy of which proposed lease terms may be obtained from the Clerk-Treasurer's Office during normal business hours. All factors used to evaluate the respective 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. A mandatory pre-offer conference is scheduled for .m. on ,1997, in the Common Council chambers, immediately preceding the regularly scheduled meeting of the Carmel Board of Public Works and Safety. 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 Leased 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 return unopened any proposal received after the time fixed herein. EXHIBIT B PUBLIC NOTICE Pursuant to IC 36-1-11-12, the Office of the Mayor of the City of Carmel (the "City") will hold a public hearing at 1:30 p.m. on ,1997, in the Common Council Chambers located at One Civic Square, Carmel, Indiana. The hearing 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 lease of: the City' s land located at 5484 East 126th Street, Carreel, Indiana 46033. The lease will also include the non-exclusive right to run cables under the land described below from such land to a structure and up to areas designated by the City for attachment of an antennae (hereinafter referred to as the "Leased Premises"). [Legal Description to be inserted] The property may not be leased to a person who is ineligible under IC 36-1-11-16. A proposal submitted by a trust must identify each beneficiary of the trust and each settlor empowered to revoke or modify that trust. Proposals will be received at the Clerk-Treasurer's Office, One Civic Square, Carmel, Indiana, until 1:30 p.m. (local time) on ,1997, 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 proposed lease terms, a copy of which proposed lease terms may be obtained from the Clerk-Treasurer's Office during normal business hours. All factors usedto.evaluate the respective 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. A mandatory pre-offer conference is scheduled for .m. on ,1997, in the Common Council chambers, immediately preceding the regularly scheduled meeting of the Carmel Board of Public Works and Safety. The purpose of this conference is to accord all eligible offerors fair and equal treatment with respect to any oppommity for discussion and revisions of proposals. Following the public hearing the City may lease the Leased 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 remm unopened any proposal received after the time fixed herein. Resolution No. BPW-06-18-97- 03 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY WHEREAS, the City of Carmel (the "City") desires to lease approximately 2,475 square feet of space (the "Premises"), which space is a portion of the land adjacent to the Water Tower located on the land commonly known as 473 Third Avenue SouthWest, Carmel, Indiana 46032, together with the fight to use a portion of the tower adjacent to the Premises for a telecommunications facility consisting of antennae to be located upon the tower (or a replacement structure such as a monopole) and a ground-level accessory building. The lease will also include the non-exclusive fight to run cables under the land described below from the Premises to the structure and up to areas designated by the City for attachment of the antennae (the Premises, together with the use fights described above shall hereinafter be referred to as the "Leased Premises"); and WHEREAS, Indiana Code Section 36-1-11-10 sets forth procedures pursuant to which the City may lease property, and Indiana Code Section 36-1-11-12 sets forth altemative procedures pursuant to which the City, after certain determinations and approvals are made and obtained, may also lease property; and WHEREAS, the City of Carmel Board of Public Works and Safety (the "Board") desires to lease the Leased Premises pursuant to Indiana Section 36-1-11-12, the altemative procedure for leasing municipally 9wned property, which altemative procedure contemplates the solicitation of proposals to develop specifications; and WHEREAS, pursuant to Indiana Code Section 36-1-11-12, the Board must make a written determination containing its reasons for determining that the use of Indiana Code Section 36-1-11-10 is not feasible; and WHEREAS, the use of Indiana Code Section 36-1-11-10 is not feasible because the Leased Premises constitutes a unique asset of the City, the fair market rental value of which may be difficult, if not impossible, for an appraiser to accurately determine; and WHEREAS, the Board believes it is in the best interests of the City and the public to develop specifications for the lease of the Leased Premises by requesting prospective offerors to submit proposals which include, address or relate to the following terms, factors and items: (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 cooperate with the City with regard to the location of its wireless communications facilities (the factors listed in clauses (i) - (vi) above are hereinafter referred to collectively as the "Factors"); and WHEREAS, the use of Indiana Section 36-1-11-10 is not feasible because it does not contain adequate provisions for the development of lease specifications, as such specifications relate to the Factors and as is made necessary in this instance because of the unique nature of a lease of the Leased Premises for a telecommunications facility. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: That the Board hereby determines that the use of I.C. 36-1-11-10 is not feasible because the Leased 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 which for a telecommunications facility requires the solicitation of proposals which address, among other things, the Factors. That this document shall constitute the written determination of the Board to use the provisions of I.C. 36-1-11-12 to lease the Leased Premises. However, the Board reserves the fight 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. 0 That, immediately following the execution of this document, the Board will publish, or cause to be published, the form of Public Notice attached hereto as Exhibit A, in substantially the form attached hereto, in the Noblesville Daily Ledger in accordance with I.C. 5-3-1. That the preambles contained in this document are hereby incorporated by reference into the text of these Resolutions as if fully set forth herein. [balance of page intentionally left blank] Approved and Adopted this CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: day of ,1997. ATTEST: Diana Cordray, Clerk-Treas Date: &//f//9 7 The foregoing determination of the Board to utilize Indiana Code Section 36-1-11-12 is hereby approved and signed by me this I ~t/-t~daY of 4uU~ ,1997 J~es Brainard, MayOr EXHIBIT A PUBLIC NOTICE Pursuant to IC 36-1-11-12, the Office ofthe Mayor ofthe City of Carmel (the "City") will hold a public hearing at 1:30 p.m. on ,1997, 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 lease of: approximately 2,475 feet of space (the "Premises"), which space is a portion of the land adjacent to the Water Tower located on the land commonly known as 473 Third Avenue SouthWest, Cannel, Indiana 46032, together with the fight to use a portion of the structure adjacent to the Premises for a telecommunications facility consisting of an antennae to be located upon the structure and a ground-level accessory building. The lease will also include the non-exclusive fight to run cables under the land described below from the Premises to the structure and up to areas designated by the City for attachment of the antennae (the Premises, together with the use fights described above shall hereinafter be referred to as the "Leased Premises"). The land adjacent to the Water Tower located on the land commonly known as 473 Third Avenue SouthWest,, 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 North 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 North 88 degrees 28 minutes 30 seconds West 55 feet; thence North 00 degrees 00 minutes 00 seconds East 45.00 feet to said South line of land owned by the City of Carreel; 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 leased to a person who is ineligible under IC 36-1-11~ 16. A proposal submitted by a trust must identify each beneficiary of the trust and each settlor empowered to revoke or modify that trust. Proposals will be received at the Clerk-Treasurer's Office, One Civic Square, Carreel, Indiana, until 1:30 p.m. (local time) on ,1997, and then will be opened and read aloud at the public heating 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 proposed lease terms, a copy of which proposed lease terms may be obtained from the Clerk-Treasurer's Office during normal business hours. All factors used to evaluate the respective 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. A mandatory pre-bid conference is scheduled for .m. on ,1997, in the Common Council chambers, immediately preceding the regularly scheduled meeting of the Carmel Board of Public Works and Safety. 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 hearing the City may lease the Leased Premises to the offeror or offerors with the most appropriate response(s) to this request for proposals. The City reserves the right to reject any proposal or all proposals, to waive any informalities therein, and to return unopened any proposal received after the time fixed herein.