HomeMy WebLinkAbout~Master - Agreement for temporary entry to site for AT&T cellular tower on City property RESOLUTION NO. 14-360
RESOLUTION APPROVING AGREEMENT WITH AT&T WIRELESS GRANTING
TEMPORARY ENTRY TO DOG PARK FOR MEASUREMENTS AND
TESTING FOR CELLULAR ANTENNA INSTALLATION
FOR THE CITY OF AMES,IOWA
WHEREAS, several cellular providers have contracts to place private cellular networks
equipment on City property; and,
WHEREAS,in early 2014,City staff was approached by a firm representing AT&T Wireless
to place a cellular antenna on City property located along Billy Sunday Road; and,
WHEREAS,the City and AT&T have been working to narrow the focus down to a particular
site, and AT&T has now identified its optimal site as City property northwest of the Dog Park; and,
WHEREAS, the following steps must occur prior to construction of an antenna: 1) AT&T
must complete a site evaluation to ensure its proposed design will be structurally sound; 2)AT&T
must enter into a lease agreement with the City to use the property; and, 3) AT&T must obtain a
Special Use Permit from the Zoning Board of Adjustment; and,
WHEREAS,AT&T is requesting authorization conduct its site engineering analysis prior to
entering a long-term lease with the City; and,
WHEREAS, until a lease is agreed to between the City and AT&T, AT&T does not have
rights to conduct soil tests and take measurements on the property,and these activities are essential
to the planning process prior to construction; and,
WHEREAS,in order to allow that site evaluation to proceed,the City and AT&T may enter
into a separate agreement that allows AT&T access to the property to complete its evaluation; and,
WHEREAS, this type of agreement was approved by the City Council this past winter to
allow Verizon Wireless to access a separate City property under negotiation,and under the terms of
this temporary agreement, AT&T and its contractors would have rights to enter the property to
conduct inspections,surveys,structural strength analysis,subsurface boring tests,an environmental
site assessment, and any other types of testing AT&T deems necessary; and,
WHEREAS,these activities would be conducted at AT&T's cost,and the City would not be
responsible for the actions of AT&T's employees or contractors; and,
WHEREAS, this agreement would be in effect for a period of one year; however, upon
execution of the lease which would allow AT&T to construct its antenna,the temporary agreement's
terms regarding site access would be superseded by the lease agreement's terms; and,
WHEREAS, additionally, if no lease agreement is completed,AT&T would be responsible
for returning the area to its original condition
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that an agreement granting AT&T Wireless a limited right of entry to City property located northwest
of the Dog Park for the purposes of inspection and testing is hereby approved.
ADOPTED THIS 241h day of June, 2014.
A.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Nelson
Seconded by: Corrieri
Voting aye: Betcher, Corrieri, Gartin, Goodman,Nelson, Orazem
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 24"day of June, 2014.