Title
AN ORDINANCE TO RATIFY RESOLUTION 3818-09, 4664-11 AND 15-2101 AND ALL PRIOR LEASE AGREEMENTS AND DECLARE TOWER SPACE NO LONGER NEEDED FOR MUNICIPAL OR PUBLIC PURPOSES AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AMENDED LEASE AGREEMENT FOR ANTENNA SPACE WITH SOUTHERN COMMUNICATIONS SERVICES, INC., D/B/A SOUTHERN LINC F/D/B/A SOUTHERNLINC WIRELESS.
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
The City authorized, by Resolution 3720-09, a lease agreement with Southern Communications Services, Inc., d/b/a SouthernLINC Wireless, for "Antenna Space". On September 10, 2011, Council adopted Resolution 4664-11 approving the first amendment to AT&T's tower agreement and on March 16, 2015, Council adopted Resolution 15-2101, which is AT&T's third amendment to the tower site lease agreement. It is of the legal opinion of City Attorney Casey Pipes that authorizations to lease property must be in the form of an ordinance and advises Council to adopt an Ordinance that ratifies the previous resolutions and prior lease agreements declares the tower space and leased premises to not be needed for public or municipal purposes, and authorizes the Mayor and City Clerk to enter into the Amendment Number One (1) Lease Agreement (Antenna Space) .
Body
WHEREAS, the City of Foley authorized, by Resolution 3720-09, a lease agreement with Southern Communications Services, Inc., d/b/a SouthernLINC Wireless, for "Antenna Space", and
WHEREAS, on September 10, 2011, Council adopted Resolution 4664-11 approving the first amendment to AT&T's tower agreement and on March 16, 2015, Council adopted Resolution 15-2101, which is AT&T's third amendment to the tower site lease agreement, and
WHEREAS, authorizations to lease property must be in the form of an ordinance and Council must adopt an Ordinance that ratifies the previous resolutions and prior lease agreements and declares the tower space and leased premises to not be needed for public or municipal purposes, and authorizes the Mayor and City Clerk to enter into the Amendment Number One (1) Lease Agreement (Antenna Space) .
BE IT ORDAINED that the Foley City Council as follows:
SECTION 1. Ratifies Resolution 3818-09; Resolution 4664-11 and Resolution 15-2101 and all prior tower lease agreements for antenna space.
SECTION 2: Declares the tower space and leased premises not needed for public or municipal purposes, and authorizes the Mayor and City Clerk to enter into the Amendment Number One (1) Lease Agreement (Antenna Space) with Southern Linc.
SECTION 3. "The terms and provisions of this ordinance are severable. If any part or portion of this ordinance is declared invalid, void, or unconstitutional, that portion shall be deemed severed, and the remaining portions of the ordinance shall remain in full force and effect."
SECTION 4. All ordinances or parts of ordinances, in any manner conflicting herewith are hereby repealed.
SECTION 5. This ordinance shall become effective upon its publication as required by law.