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CITY OF SEWARD, ALASKA
RESOLUTION 2013 -007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONSENT TO ASSIGNMENT TO ALASKA WIRELESS NETWORK,
LLC TO THE LEASE AGREEMENT 94 -092 WITH ACS WIRELESS,
INC., AS SUCCESSOR IN INTEREST TO MACTEL CELLULAR
SYSTEM FOR A PORTION OF U.S.S. 4828, WITHIN SECTION 12, T1S,
R1W, SEWARD MERIDIAN, SEWARD RECORDING DISTRICT, THIRD
JUDICIAL DISTRICT, STATE OF ALASKA
WHEREAS, ACS Wireless, Inc., successor in interest to Mactel Cellular System
( "Lessee ") has requested an assignment to Alaska Wireless Network, LLC (AWN) of its existing
lease agreement with the City of Seward for 2800 square feet, more or less, within U.S.S. 4828,
within section 12, T1S, R1W, Seward Meridian, Seward Recording District, Third Judicial
District, State of Alaska; and
WHEREAS, the current lease has been in effect since December 28, 1994; and
WHEREAS, Section 14 of the Lease provides that the Lessee shall have the right to
assign the lease upon findings by the council that use is: (a) compatible of the use of adjacent
i... lands; (b) a permitted use under existing zoning regulations and comprehensive land use plan;
and (c) found to be in the public interest; and
WHEREAS, use of the tower is compatible with the use for adjacent lands. The City of
Seward previously approved the tower construction and use. The tower is registered with the
FCC and height was approved by the FAA for air clearance; and
WHEREAS, the tower is permitted under the then existing zoning regulations and
comprehensive land use plan; and
WHEREAS, the tower provides coverage of cellular and data services to citizens and
public agencies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The City Manager is hereby authorized to enter into a Consent to Assignment
to Alaska Wireless Network, LLC, in substantial form as attached hereto.
Section 2. The recitals set forth above are incorporated herein by reference and adopted
as findings of the City Council. For the reasons stated, an assignment to Alaska Wireless
.. Network, LLC, in the form presented at this meeting will be in the public interest.
CITY OF SEWARD, ALASKA
RESOLUTION 2013 -007
Section 3. This resolution shall take immediately its adoption
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28 day of
January, 2013.
THE CITY OF SEWARD, ALASKA
Da • " eaward, 7.
AYES: Bardarson, Terry, Casagranda, Keil, Valdatta, Shafer, Mayor Seaward
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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Council Agenda Statement
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Meeting Date: January 28, 2013 4 �a
Through: City Manager Jim Hunt 4� p
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From: Harbormaster, Mack Funk
Agenda Item: Consent to Assignment of Lease from ACS Wireless 94 -092 to Alaska
Wireless Network (AWN)
BACKGROUND & JUSTIFICATION:
ACS Wireless currently has a lease for 2,800 square feet, more or less, within U.S.S. 4828,
within Section 12, Ti S, R1 W, Seward Meridian, Seward Recording District, Third Judicial
District, State of Alaska. This leased area encompasses a cell phone tower and associated electric
infrastructure. Resolution 2010 -047 extended the term of this lease through June 30 2015. A
new lease must be generated prior to June 30, 2015 for ACS to continue to utilize this parcel.
Now, ACS has requested approval of a lease assignment to Alaska Wireless Network, AWN.
Article 14 of the lease allows lease assignments upon findings by council that use is: (a)
compatible of the use of adjacent lands; (b) a permitted use under existing zoning regulations and
comprehensive land use plan; and (c) found to be in the public interest.
INTENT: To approve a Consent of Assignment to Alaska Wireless Network AWN.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): no change in land use X
2. Strategic Plan (document source here): no change in land use X
3. Other (list):
FISCAL NOTE: The rate for this lease was increased from $400 to $800 per year in 2010.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION: Council approve Resolution 2013 - 0O approving the assignment of
lease number 94 -092 with ACS Wireless to AWN.