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Home My WebLink About26-Public Works '. CI'YY OF SAN BEt\dARDINO it; REQUESl FOR5 COUNCIL ACTIOt From: ROGER G. HARDGRAVE Authorization to Execute License Subject: with United States of America -- Relating to Burial of 900 Pair Telephone Cable at Tippecanoe Avenue & Mill Street Dept: Public Works/Engineering Date: 2-20-90 Synopsis of Previous Council action: 9-22-80 -- Resolution No. 80-396 adopted authorizing the execution of a License with the United States of America for 900 pair telephone cable at Tippecanoe Avenue and Mill Street, from 7-07-80 to 7-06-85. Recommended motion: Adopt resolution. cc: Marshall Julian Jim Richardson Jim Penman ~ ,11 ~~<; -b ~X\~Jf!/.1? ~) i:~' iT, '._..' c. - <:::.. rn CO Contact person: Rooer G. Hardgrave Staff Report, Resolution & License Phone: 5 0 2 5"-) },~ Supporting data attached: Ward: ,~ ~~, ", 1- ,,- r'l -.: C_' -n --r"1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: ^......_...J-. 1..__ 1\.1... ~h · . city OF SAN BER. .ARDINO - REQUEST . :OR COUNCIL ACTION STAFF REPORT Resolution No. 80-396, adopted on 9-22-80, authorized the execution of a License with the United States of America relating to the direct burial of 900 pair telephone cable, in support of Ballistic Missile Organization facilities at Mill Street and Tippecanoe Avenue. This license commenced on 7-7-80 and was effective through 7-6-85. A letter, dated 2-1-90, was received from William L. Root, Lt. Col. Base Civil Engineers. In this letter, Lt. Col. Root stated that License DACA09-5-85-92 will expire on 7-6-90, and requested that the attached License LIC/I-NO-90-0003 be approved. This License would be for a period of 1 year, with the option to renew for four additional I-year periods. We have been unable to locate any record of License DACA09-5-85-92 having been approved by the Mayor and Council in 1985. A request has been submitted to Norton A.F.B. for them to check their records. The proposed License will merely extend the authority for an existing underground telephone to be buried in Mill Street right of way. We recommend that the License be approved. 02-20-90 -- ...- , , t j.. DEPARTMENT OF THE AIR FORCE HEADQUARTERS e3d AIR BASE eROUP (MAC) NORTON AIR FORCE BASE, CA 92"og REPl Y TO UTN OF: 63 CES/DEEPR (Ms Pierce, 382-2942) ~ 1 FEB 1SSC SUBJ ECT- Request for Renewal of License DACA09-5-85-92, City of San Bernardino CA TO, City Attorney City of San Bernardino 300 North D Street San Bernardino CA 92418 1. License DACA09-5-85-92 in support of Balli,tic Systems Division facilities at Mill Street and Tippecanoe Avenue, Norton Air Force Base, California, will expire 6 July 1990. Enclosed for your approval are the original and three copies of License LIC/I-NO-90-0003 to cover renewal of this license for a period of 1 year with option to renew for four additional l-year periods. 2. Please have the appropriate city official sign and return the original and two copies of the license to us for execution on behalf of the United States of America. The third copy, marked "lessor," may be held for your records pending receipt of a fully executed copy. 5. Please also furnish us excerpts from the minutes of the San Bernardino Council Meeting authorizing the execution of this license. c:!j' ~ / .---... ~;:-r___ - /~----?~ t.7'v-~ WILLIAM L. ROOT, Lt Col. USAF Base Civil Engineer 2 Atch 1. License (4) 2. Drawing (4) cc: HQ MAC/DEPR w/Atch , ,," MAC-THE BACKBONE OF DETERRENCE , . t ;.. 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE WITH THE UNITED STATES OF AMERICA. 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 4 OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor is hereby authorized and directed to 6 execute on behalf of said City a License between the City of San 7 Bernardino and the United States of America, relating to the 8 direct burial of 900 pair telephone cable, a copy of said license 9 is attached hereto, marked Exhibit "A", and incorporated herein 10 by reference as fully as though set forth at length. 11 SECTION 2. The authorization to execute the above- 12 referenced license is rescinded if the parties to the agreement 13 fail to execute it within sixty (60) days of the passage of this 14 resolution. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernardino at a meeting thereof, held on the 18 day of , 1990, by the following vote, to wit: 19 Council Members: AYES NAYS ABSTAIN 20 ESTRADA REILLY 21 FLORES MAUDSLEY 22 MINOR POPE-LUDLAM 23 MILLER 24 25 City Clerk 26 / / / / 27 / / / / 28 DAB/ses February 5, 1990 1 , . .~ 1 The foregoing resolution is hereby approved this day 2 , 1990. of 3 4 5 Approved as to 6 form and legal content: 7 JAMES F. PENMAN, City Attorney 8 9 By: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/ses February 5, 1990 w. R. Holcomb, Mayor City of San Bernardino 2 LIC/I-NO-90-0003 . " .. -l.. LICENSE The City of San Bernardino, hereinafter called the "Owner" hereby grants to THE UNITED STATES OF AMERICA, hereinafter called the "Government," a license commencing 7 July 1990 through 6 July 1991, with an option to renew for four additional 1-year periods, for direct burial of a 900 pair telephone cable by the 1965th Communications Squadron. This license is needed in support of the Ballistic Systems Division for facilities located at Mill Street and Tippecanoe Avenue. The areas required are 2' by 12" and 2' by 2' as shown in red on Exhibit "A," attached hereto and by reference made a part hereof. THIS LICENSE is hereby granted subject to the following conditions: a. The exercise of the privileges hereby granted shall be without cost or expense to the Owner. 2. The Governnlent agrees to be responsjb1c for damages arising from the activity of the Government, its officers, employees, or representatives of said land, in the exercise of rights under this license, either by repairing such damages or at the option of the Government by making appropriate settlement with the Owner in lieu thereof. 3. The Owner shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the use of the area by the Government. The Government or the Owner may terminate this license at any time by giving to the other party at least 10 days' notice in writing. FOR THE LICENSOR FOR THE UNITED STATE OF AMERICA City of San Bernardino, California By: By: "' '1;~~~{~1'~~{"'" :.i:. (~~ . '" , .... " - ~'I , "'1, '" . ':'i:C';.". , :~.:<t;;+~r~, ..., ......: '.~' " .';':~.:. '~ .. }~:\:,;I');..., ~;S:;;"(.," .', .:\ "'~f;f:!~I'~F'i!:~ ."~" ~:...:.;.~(_..' ~'::;./;i: .", . . >;".:::~,..,:...J..~.:'. .........:..., ;.: "." Z -:.,0 ,I"' '. ~ ;". ."" ."'"'.~~ ;. :~; '~.>:1~ ..... :'. :-t ....~:;:.;I~...;. ....,' '.:.~ll:,: 0 ' J. .. .'..~ ' ","'" . ~. .!.~~~~.:~:.t;.:c.>.. Z ,.: :. '.~i,r.;;...;. :~~r:I'., "~;.'.1.;;.,,.#'~"x.. I< :.'... ".!, J I ';".~J..:~-~~,.l~~:"~"" . . "'~-"~~'f:~l..~ t.,1{~ ' .~7""l""r '''.~,' I', . 't~.~~';-;.. ,'1.t:,-.(.,.,~ d ... . i'\~Y:'~ ';:~~tl$ .:~: .'1~ . .. ' \'n ""'if.'. . . ..... ~.)~~~'I.:.~~~\:,:~. :....: UI ';.'.1 ~ '-.-,"" .,\ . . - ," ....0; ~ .,f... ....1 i';' ~ : ~~>.~:: ...... ..~" ". . . ;~?l '.: ." . ...". . ". ~ . . .... -. ; ,:;: "::. ::;.!.~;l};~'~1":~r/ .... .'-. "Jb.'",,,~,,~,'t .~fi~~i~-:;~:~:~~~::~~~~ ':.i'~'. .~J.~'... '1"V~".,l'_~~",,"".~f;.~~'"ti~:! ~.~~"::~~~!'~'~~~'~~~~'J~ ; - :,:Ii,; ~; ,. -. .~~;';:~:'!l?';f.t: :'.-~':..~.~- .,-:;.. '!.'. ",i:,I...,' ~- ....,~, ~.,. -.- . . ','" ,.',"".1" " \ , AVE \ \ TIPPEOANOE / / ( ! 1 ~ I o I ~l ~t ~ I C- o \+ r ! . Ii ~ I , ~ ~ I '- '" , as-" "~ ", \f'~ '~'~{~.~;I.~:;' ~,.::~ _.:.:..::.:..~: , c I. .' ~'... ' };~\;": ~., = - r- ... .. .. ~ m !:I \ ._----..-' .! ' ~ ~ m x ~ 8 z .2 - -4" ~ q o ~ ,. l..... .:":",' EXHIBIT. '''A"'' ~ . .. 'J. ' RESOLUTION NO. 'XC'" ~q 1.: 2 RESOLUTION OF THE CITY OF S&~ BE~~ARDINO AUTHORIZING THE EXECUTION OF A LICENSE WITH. THE UNITED STATES OF AMERICA RELATING 3 TO THE DIRECT BURIAL OF A 900 PAIR TELEPHONE CABLE IN SUPPORT OF BALLISTIC MISSILE ORGANIZATION FACILITIES AT MILL STREET AND 4 TIPPECAl~OE AVENUE. 5 BE IT RESOLVED BY THE ~~YOR AND COW10N COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 a license with the united States of America relating to the 9 direct burial of a 900 pair telephone cable in support of Ballistic 10 Missile Organization facilities at Mill Street and Tippecanoe 11 Avenue, a copy of which is attached hereto, marked Exhibit 12 "I" and incorporated herein by reference as fully as though 13 set forth at length. 14 I HEREBY CERTIFY that the foregoing resolution was duly 15 dopted by the Hayor and Common Council of the City of San 16 , 1980, by the following ernardino at a..'\'.. Gr\ ;m~ IJ eld on the ~:J~ day of meeting thereof, '\CI~.Qo .. ~lIfth. ~D'" 17 18 ote, to wit: 19 Councilmen ('(\~n_lIin. \l.c1l\f't\.Ci\~ ,~<lHll";"\ , \ '~ \1,,,,\.l\~ ~,&"Ir~~o, AYES: 20 21 ~~ (b . \. 'f\\ \. ---"""l a rYv.. tf't __ \..\ ~ OC! 0 'l NAYS: 22 ABSENT: 23 24 A4?t7/~ ./ c~ ty C er 25 26 27 . . . 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 il llof I The foregoing resolution is J day ~tlf-'t\~.~ , 1980. Approved as to form: 1l..t;,'.J~.~ City Att rney -2- t." " -t LA-2522 LICENSE The City of-San Bernardino, hereinafter called the "Owner" hereby grants to THE UNITED STATES OF AMERICA, hereinafter called the "Government," a license commencing 7 July 1980 through 6 July 1985, for direct burial of a 900 pair telephone cable by the 1965 Communication Installation Group. This license is needed in support of the Ballistic Missile Organization for facilities located at Mill Street and Tippecanoe Avenue. The area required are 2'xl2' and 2'x2' as shown in red on Exhibit "A," attached hereto and by reference made a part hereof. THIS LICENSE is hereby granted subject to the following conditions: l. The exercise of the privileges hereby granted shall be without cost or expense to the Owner. 2. The Government agrees to be responsible for damages arising from the activity of the Government, its officers, employees, or representatives of said land, in the exercise of rights under this license, either by repairing such damages or at the option of the Government by making appropriate settlement with the Owner in lieu thereof. 3. The Owner shall not be responsible for damages to property or in- juries to persons which may arise from or be incident to the use of the area by the Government. The Government or the Owner may terminate this license at any time by giving to the other party at least 10 days' notice in writing. " FOR THE LICENSOR FOR THE UNITED STATES OF AMERICA -- S Chief, Real Estate U.S. Army Engineer Los Angeles ...3 ,(JeT ,rJ Division District By: