2009R40-First Amendement to Tower Lease AT&T Mobility Texas RESOLUTION NO. 09-R-40
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A FIRST AMENDMENT TO TOWER LEASE AGREEMENT WITH
AT&T MOBILITY TEXAS, LLC, 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 with
AT&T Mobility Texas, LLC, amending a Tower Lease Agreement dated January 27, 2009, relating to
telecommunications antennas 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 a First
Amendment to Tower Lease Agreement with AT&T Mobility Texas, LLC in substantially the form set forth
on Exhibit A.
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 of the 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provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this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, and it is so
resolved.
PASSED AND ADOPTED, this 18"' day of August, 2009.
CITY OF S ER ,TEXAS
Mayor
ATTEST:
City Secretary
(CITY SEAL)
Resol 09-R-40.doc