NUMB:
970077
VERS:
SUBSTITUTE
REF:
55-4134
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Capitol Court Corporation to construct and maintain underground water pipes and electrical conduit and to install and maintain brackets and luminares on street light poles within the public right-of-way of West Capitol Parkway, to now change the location of the electrical conduit and to delete reference to the brackets and luminares which have been removed from the public right-of-way, serving 5500 West Capitol Drive in the 2nd Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege to Capitol Court Corporation to install and maintain underground water pipes, underground electrical conduit and brackets and luminares on street light poles within and beneath Capitol Parkway to now change the location of the electrical conduit and to delete reference to the brackets and luminares which have been removed from the public right-of-way serving 5500 West Capitol Drive.
BODY:
Whereas, Capitol Court Corporation was granted a special privilege to construct and maintain two 10-inch diameter water pipes, electrical conduit, and brackets and luminares attached to street light poles within the public rights-of-way of West Capitol Parkway and North 60th Street; and
Whereas, Capitol Court Corporation now desires to amend the existing special privilege by relocating the electrical conduit, within West Capitol Parkway, and by reflecting removal of the brackets and luminares from the public right-of-way; and
Whereas, The water pipes and electrical conduit may only be located within the public right-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 55-4134 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Capitol Court Corporation, 5500 West Capitol Drive, Milwaukee, WI 53216, is hereby granted the following special privileges:
1. To install and maintain two underground electrical conduits laid side by side diagonally under and across West Capitol Parkway for power supply at the existing parking lot measured from the centerline of North 60th Street, approximately 453 feet on the north side of West Capitol Parkway and 473 feet on the south side of West Capitol Parkway. Each conduit is 1 1/4-inch diameter PVC pipe located 36 inches below the roadway pavement.
2. To maintain two 10-inch diameter underground water pipes under and across West Capitol Parkway, located perpendicularly to the northline and southline of West Capitol Parkway, located approximately 526 feet and 910 feet, respectively, east of the centerline of North 60th Street.
The electrical conduit and water pipes shall be constructed and/or maintained to the satisfaction of the Commissioners of Public Works and Building Inspection. The grantee shall obtain all necessary permits for work in the public right-of-way;
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Capitol Court Corporation, shall:
1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
2. File with the City Clerk a bond of a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $5,000.00 such bond to be approved by the City Attorney. The applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 covering property damage to any one owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. Both bond and insurance policy shall provide that they shall not be canceled until after at least thirty days' notice in writing to the City Clerk.
3. Pay to the City Treasurer an annual fee which has an initial amount of $206.50. Subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
4. Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works any curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.
5. Waive the right to contest in any manner the validity of Section 66.045 of the Wisconsin Statutes (1979), or the amount of the annual fixed fee, payable on or before July 1st of each year.
6. Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
September 29, 1997
970077