Explanation
Background: The City of Columbus is the owner of a certain real property improved with a communication tower, located at Griggs Reservoir on Dublin Road. By way of a License Agreement, the Licensee, New Par dba Verizon Wireless, has been co-located on this tower since August 1, 1990. Part of the consideration paid to the City is an Excess Antenna Fee, received based on the number of antennas, above five (5), located on the tower. Verizon has notified the City of its need to decrease the numbers on antennas thus necessitating the need to amend the License Agreement to memorialize the change in rent and other terms and conditions including the Licensee’s name change from New Par to Cellco Partnership, a Delaware general partnership, as successor in interest.
This ordinance authorizes the Director of the Department of Development, or a designated assignee, on behalf of the Department of Public Safety and the Department of Public Utilities, to execute a Second Amendment to License Agreement with Cellco Partnership to adjust the rent and other terms, conditions and provisions of the License Agreement.
Fiscal Impact: The annual consideration the City is to receive approximately $26,000.00.
Emergency action: is requested to amend the current License Agreement to properly adjust the annual rent to account for the Licensee’s decrease in the number of tower antennas without delay.
Title
To authorize the Director of Development, or a designated assignee, on behalf of the Department of Public Safety and the Department of Public Utilities, to enter into a Second Amended to License Agreement with Cellco Partnership to adjust annual rent to account for a decrease in the number of tower antennas; and to declare an emergency. ($0.00)
Body
WHEREAS, the City of Columbus owns certain real property on which a communication tower is located at Griggs Reservoir on Dublin Road in Franklin County; and
WHEREAS, the City, by way of License Agreements, has allowed third parties to co-locate on the City’s tower; and
WHEREAS, the City was recently been notified that the existing Licensee, Cellco Partnership (formerly New Par), wish to decrease the number of antennas on the tower; and
WHEREAS, it is necessary to amend the existing License Agreement to reflect these additions to the tower and the associated adjustment to the annual consideration paid to the City; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to authorize the Director of Development, or a designated assignee, to execute those documents necessary to enter into a Second Amendment to License Agreement with Cellco Partnership in order to have the agreement in place in time for the Licensee modifications to their equipment located on the tower, thereby preserving the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Development, or a designated assignee, on behalf of the Department of Public Safety and the Department of Public Utilities, be and is hereby authorized to execute those documents necessary, as approved by the Department of Law, Real Estate Division, to enter into a Second Amendment to License Agreement with Cellco Partnership, dba Verizon Wireless, to eliminate antennas to the City’s communication tower and adjust the rent accordingly.
SECTION 2. That the terms and conditions of the amendment shall be in a form approved by the Real Estate Division, Department of Law.
SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is thereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.