HomeMy WebLinkAboutBPW-03-05-97-01 Cellular Tower BPW-03-05-97-01
AS AMENDED FROM ORIGINAL RESOLUTION
BPW-03-05-97-01
CITY OF CARMEL
BOARD OF PUBLIC WORKS AND SAFETY
WHEREAS, the City of Cannel (the "City") desires to lease approximately 1,850 square
feet of space (the "Premises"), which space is a portion of the land commonly known as 473
Third Avenue SW, Cannel, Indiana 46032, together with the right to use a portion of the water
tower adjacent to the Premises for a telecommunications facility consisting of antennae to be
located upon the water tower and a ground-level accessory building. The lease will also include
the non-exclusive right to run cables under the land described below from the Premises to the
water tower and up to areas designated by the City for attachment of the antennae (the Premises,
together with the use rights described above shall hereinafter be referred to as the "Leased
Premises");
WHEREAS, Indiana Code § 36-1-11-10 sets forth procedures pursuant to which the City
may lease property, and Indiana Code § 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;
WHEREAS, the City of Carmel, Board of Public Works and Safety (the "Board") desires
to lease the Leased Premises pursuant to Indiana Code § 36-1-11-12, the alternative procedure
for leasing municipally owned property, which alternative procedure contemplates the solicitation
of proposals to develop specifications;
WHEREAS, pursuant to Indiana Code § 36-1-11-12, the Board must make a written
determination containing its reasons for determining that the use of Indiana Code § 36-1-11-10
is not feasible;
WHEREAS, the use of Indiana Code § 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;
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 Code § 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, INDIANA
BOARD OF PUBLIC WORKS AND SAFETY AS FOLLOWS:
1. That the Board hereby determines that the use of Indiana Code 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.
2. That this document shall constitute the written determination of the Board to use
the provisions of Indiana Code 36-1-11-12 to lease the Leased 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.
3. 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 Indiana
Code 5-3-1.
4. That the preambles contained in this document are hereby incorporated by
reference into the text of these Resolutions as if fully set forth herein.
ADOPTED at a meeting of the City of Cannel Board of Public Works and Safety held
on March 5, 1997, at 1 Civic Square, Cannel, Indiana 46032.
CITY OF CARMEL
BOAi~D .OF PUBLIC SAFETY
J . ~
'-Bi~y~alker Z13-~
Lori Watson
The foregoing determination of the Board to utilize Indiana Code § 36-1-11-12 is hereby
approved and signed by me this _/~ ~ay of M~ch, 199~._. o j
Ja' ,';~s~B~h~ard, Mayor
1600 3 68280 ~