O-08-37VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -08 -37
AN ORDINANCE AUTHORIZING A COMMUNICATIONS TOWER
LEASE AGREEMENT WITH UNITED STATES CELLULAR OPERATING COMPANY
OF CHICAGO
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
3rd day of November , 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
3rd day of November , 2008.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -08 -37
AN ORDINANCE AUTHORIZING A COMMUNICATIONS TOWER
LEASE AGREEMENT WITH UNITED STATES CELLULAR OPERATING COMPANY
OF CHICAGO
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, The Village has entered into a certain Tower Construction and Lease
Agreement with Chicago SMSA Limited Partnership ( "Verizon Wireless ") providing for, inter alia,
the construction of a 120 -foot stealth monopole and related facilities on the Subject Property (the
"monopole ") that will enable wireless telecommunications retailers leasing space of such monopole
to provide enhanced wireless telecommunications coverage within the Village of Deerfield; and,
WHEREAS, United States Cellular Operating Company of Chicago ( "US Cellular "), has
submitted a proposal to the Village 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 within Deerfield; and,
WHEREAS, the Village has negotiated a certain Communications Tower Lease Agreement
(the "Lease ") with US Cellular 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 US Cellular for the purpose of leasing
a portion of said premises and a position on said monopole to US Cellular for the purposes stated in
the Lease; 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 US Cellular enter into said Communications
Tower 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 US Cellular, 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 3rd day of November , 2008.
AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 3rd day
ATTEST:
Vi age Clerk
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