2009R22-Verizon Wireless Agreement First Amendment
RESOLUTION NO. 09-R-22
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO
TOWER LEASE AGREEMENT WITH SAN ANTONIO MTA, L.P., D/B/A
VERIZON WIRELESS, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City Council (the "City Council") of the City of Schertz (the "City") has
determined that it is in the best interest of the City to enter into a First Amendment to Tower
Lease Agreement (the "Amendment") with San Antonio MTA, L.P., d/b/a Verizon Wireless
("Verizon"), relating to telecommunications antennas to be placed on the City's water tank at
1057 Live Oak Road; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the attached Amendment with Verizon in the form attached as Exhibit A. The City
Manager may agree to changes to the Amendment which the City Manager, upon the advice of
the City Attorney, determines are insubstantial changes in the nature of clarifying additions or
corrections of clerical errors.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part ofthe judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
proviSIOn.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, subject to the provisions of Section 2 ofthis Resolution, and it is so resolved.
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PASSED AND ADOPTED, this 14th day of April, 2009.
May r ~f~
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City Secretary
(CITY SEAL)
50211347.1