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<br />126. <br /> <br />RESOLUTION NO. 2002- 158 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, APPROVING THE TERMS AND <br />CONDITIONS OF AN ANTENNA EQUIPMENT GROUND <br />SPACE RENTAL AGREEMENT AND AN ACCESS LICENSE <br />AGREEMENT BETWEEN THE CITY AND VOICESTREAM PCS <br />II CORPORATION d/b/a T-MOBILE USA, INC., RELATED TO <br />THE INSTALLATION OF ANTENNA EQUIPMENT ON CITY <br />PROPERTY OFF OF THE 200 BLOCK OF CHARLES AUSTIN <br />DRIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE <br />THE AGREEMENTS; AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. Voice Stream PCS II Corporation, d/b/a T-Mobile USA, Inc. ("T-Mobile"), has proposed <br />to lease ground space near the base of an LCRA transmission line tower off of the 200 block of <br />Charles Austin Drive to install an equipment building for an antenna array to be installed on the <br />LCRA tower. The property is owned by the City, subject to an LCRA easement for the transmission <br />line. The easement area is not dedicated parkland, although the nearby City property outside the <br />easement is dedicated parkland. <br /> <br />2. The City Council discussed the proposal at its June 9, 2003 meeting and indicated a <br />willingness to proceed with a lease if a specific use permit was issued for the location, and if access <br />issues could be negotiated. <br /> <br />3. T -Mobile obtained Planning and Zoning Commission approval of a specific use permit <br />on August 26,2003, and the Parks and Recreation Board, on that date, approved a temporary access <br />driveway off of the Public Library parking lot, with access to be rerouted to a driveway off Charles <br />Austin Drive upon construction by the City. <br /> <br />4. The attached Access License Agreement grants a right for a temporary access driveway <br />off of the Public Library parking lot, with access to be rerouted to a driveway off Charles Austin <br />Drive upon construction by the City. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />P ART 1. The attached Antenna Equipment Ground Space Rental Agreement between the <br />City of San Marcos and T -Mobile for the installation and maintenance of antenna equipment off of <br />the 200 block of Charles Austin Drive is approved. <br /> <br />PART 2. The attached Access License Agreement granting a right for a temporary access <br />driveway off of the Public Library parking lot, with access to be rerouted to a driveway off Charles <br />