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HomeMy WebLinkAbout2008-10-14; City Council; Resolution 2008-2855 WIRELESS CELLULAR FACIILITY 6 7 8 9 and 10 WHEREAS, the Conditional Use Permit 00-17 expired in July 2005, and T-Mobile 11 applied for a new Minor Conditional Use Permit (MCUP 07-04), which was approved on 12 May 10, 2007; and 13 WHEREAS, on September 10, 2008, T-Mobile has provided all required 15 16 17 18 24 25 26 rt \ RESOLUTION NO. 2008-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE LICENSE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND OMNIPOINT COMMUNICATIONS INC., DBA T-MOBILE USA FOR CONTINUED USE OF CALAVERA HILLS COMMUNITY PARK FOR ITS WHEREAS, Omnipoint Communications, Inc. dba T-Mobile USA ("T-Mobile") has operated a cellular antenna facility at Calavera Hills Community Park ("Site") since 2000; documents in support of the new License Agreement; and WHEREAS, T-Mobile has executed a new License Agreement with the City of Carlsbad for continued use of the Site as a wireless cellular antenna facility; and WHEREAS, the City has determined that continuation of the use of the Site as a 19 wireless cellular facility is in the best interest of the public. 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 21 Carlsbad, California, as follows: 22 1. That the above recitations are true and correct.23 2. That the Mayor is hereby authorized to execute the License Agreement between the City of Carlsbad and Omnipoint Communications, Inc. dba T- Mobile USA. 27 3. That the term of the License shall coincide with the term of MCUP 07-04. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of October, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. LEWIS/Mayor ATTEST: \J