O-08-29VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -08 -29
AN ORDINANCE AUTHORIZING A TOWER CONSTRUCTION
AND LEASE AGREEMENT WITH CHICAGO SMSA LIMITED
PARTNERSHIP (VERIZON WIRELESS)
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
4th day of August , 2008.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
4th day of August , 2008.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -08 -29
AN ORDINANCE AUTHORIZING A TOWER CONSTRUCTION
AND LEASE AGREEMENT WITH CHICAGO SMSA LIMITED
PARTNERSHIP (VERIZON WIRELESS)
WHEREAS, the Village of Deerfield is the owner of a certain tract of real property located
at 850 Waukegan Road and commonly known as the Deerfield Village Hall (the "Subject Property")
that is used for purposes of the Deerfield municipal complex and police station; and,
WHEREAS, Chicago SMSA Limited Partnership, doing business as Verizon Wireless
( "Verizon "), has submitted a proposal to the Village to construct a 120 -foot stealth monopole and
related facilities on the Subject Property for wireless telecommunications purposes, and to lease
ground space and a position on said monopole for the purpose of enhancing its network services in
the Village of Deerfield and providing better telecommunications services to its customers; and,
WHEREAS, the Village has negotiated a certain Tower Construction and Lease Agreement
(the "Lease ") with Verizon for said purposes, a copy of said Lease being attached hereto and made a
part hereof as Exhibit A; and,
WHEREAS, the corporate authorities of the Village of Deerfield have determined that the
premises described in said Lease are not needed for other public purposes of the Village and that the
public interest will be served by entering into said Lease with Verizon for the purpose of
constructing said 120 -foot monopole telecommunications tower and related facilities on the Subject
Property, leasing a portion of said premises to Verizon, and providing additional ground space and
positions on said tower to accommodate up to three additional wireless telecommunications
providers that desire to provide enhanced network coverage within the Village of Deerfield; and,
WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is
in the best interests of the Village that the Village and Verizon enter into said Tower Construction
and Lease Agreement attached hereto and made a part hereof as Exhibit A under the terms,
conditions and covenants contained in said Lease;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: That the corporate authorities of the Village of Deerfield do hereby authorize
and approve the Lease attached hereto and made a part hereof as Exhibit A by and between the
Village of Deerfield, as Lessor, and Chicago SMSA Limited Partnership, doing business as Verizon
Wireless, as Lessee.
SECTION 2: That the President and Village Clerk of the Village of Deerfield be and they
are hereby authorized and directed to respectively execute and attest said Lease for and on behalf of
the Village of Deerfield.
SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
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should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law
in that regard within its jurisdiction.
SECTION 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this 4th day of August , 2008.
AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 4th da)
ATTEST:
6,_JKQ!T
Vill ge Clerk
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