ORD 2006-21TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 -21
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING AND APPROVING
THE TERMS AND CONDITIONS OF THE FIRST
MODIFICATION TO A COMNHINICATIONS SITE LEASE
AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY
CLUB AND NEXTEL OF TEXAS, INC., A TEXAS
CORPORATION; AUTHORIZING ITS EXECUTION BY TIIE
MAYOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club is a Home Rule
municipality created under the Constitution of the State of Texas; and
WHEREAS, on our about August 29, 2005, the Town Council approved an
Agreement between the Town of Trophy Club (hereinafter `Town") and Nextel of Texas,
Inc., a Texas Corporation, authorizing a Communications Site Lease Agreement by and
between the Town and Nextel (hereinafter "Agreement") for the location of a stealth
antenna facility on the Premises; and
WHEREAS, Nextel requested a special exception from the Town's Zoning
Board of Adjustment (hereinafter "ZBA") in order to increase the size of the screening
wall from eight feet to ten feet and the ZBA granted that request; and
WHEREAS, the Town Council has been presented a proposed First Modification
to the Agreement amending Exhibit "B" of the Agreement to reflect the requirement of a
ten foot (10') screening wall so that the special exception granted by the ZBA is
consistent with the terms of the Agreement; and
WHEREAS, upon full review and consideration of the First Modification to the
Agreement, and all matters attendant and related thereto, the Town Council is of the
opinion that the terms and conditions thereof should be approved through the passage of
this Ordinance and that the Mayor should be authorized to execute it on behalf of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct and are
hereby affirmed and adopted as findings by the Town Council of the Town of Trophy
Club.
Section 2. The Town Council hereby approves the terms of this Ordinance
adopting the First Modification to the Communications Site Lease Agreement by and
between the Town of Trophy Club and Nextel of Texas, Inc., a Texas corporation, d/b/a
Nextel Communications, attached hereto and incorporated herein as Exhibit "A", as if the
terms of such First Modification were written herein word for word.
Section 3. The Mayor is hereby authorized to execute the First Modification
to the Agreement.
Section 4. This Ordinance is hereby approved and shall become effective
immediately upon its passage.
DULY PASSED AND APPROVED this the 24`h day of July, 2006.
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
I Z4
Town Attorney
Town of Trophy Club, Texas
Nick Sanders, Mayor
Town of Trophy Club, Texas
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