Number
050390
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Norlight Telecommunications, Inc. to construct and maintain manholes, conduit and fiber optic cables in the public right-of-way of East Mason Street between North Broadway and North Milwaukee Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to Norlight Telecommunications, Inc. to construct and maintain manholes, underground conduit and fiber optic cables in the public right-of-way of East Mason Street between North Broadway and North Milwaukee Street.
Body
Whereas, Norlight Telecommunications, Inc is petitioning to construct and maintain manholes, underground conduit and fiber optic cables to connect its facilities to existing SBC facilities; and
Whereas, Norlight Telecommunications, Inc. is not a registered utility with the City of Milwaukee and as such is required to obtain a special privilege for items in the public right-of-way; and
Whereas, Said items have been constructed; and
Whereas, Said items may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Norlight Telecommunications, Inc., 13935 Bishops Drive, Brookfield, WI 53005 is hereby granted the following special privileges:
1. To construct and maintain a 4-foot long and 4-foot wide precast concrete manhole in the south, 15-foot wide sidewalk area of East Mason Street. Said manhole is centered approximately 5 feet west of the westline of the north-south alley in the block bounded by North Broadway, North Milwaukee Street, East Mason Street, and East Wells Street. Minimum depth to the top of the structure, excluding the manhole cover and chimney, is 42 inches below grade.
2. To construct and maintain 9 feet of 10-inch by 10-inch conduit connecting an existing WE Energies electric vault, in the south, 15-foot wide sidewalk area of East Mason Street, centered approximately 12 feet north of the southline of East Mason Street and at the center of the 14-foot wide north-south alley in the block bounded by North Broadway, North Milwaukee Street, East Mason Street, and East Wells Street and the new Norlight manhole described in item #1. Said duct is to be constructed a minimum of 42 inches below grade.
3. To construct and maintain 34 feet of 4-inch by 4-inch conduit connecting an existing SBC manhole centered approximately 25 feet north of the southline of East Mason Street and on the westline of the 14-foot wide north-south alley in the block bounded by North Broadway, North Milwaukee Street, East Mason Street, and East Wells Street and the new Norlight manhole described in item #1. Said duct is to be constructed a minimum of 42 inches below grade.
4. To construct and maintain a 4-foot long and 6-foot wide manhole in East Mason Street centered approximately 18 feet west of the eastline of North Broadway and 45 feet north of the southline of East Mason Street. Minimum depth to the top of the structure, excluding the manhole cover and chimney, is 36 inches below grade.
5. To construct and maintain 20 feet of 6-inch by 6-inch conduit connecting an existing City of Milwaukee manhole centered approximately at the centerline of East Mason Street and 40 feet east of the westline of North Broadway. Said duct is to be constructed a minimum of 48 inches below grade.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
Said items shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
; and, be it;
Further Resolved, That this special privilege is granted only on condition that by accepting this special privilege the grantee, Norlight Telecommunications, Inc., shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 $10,000.00 such bond to be approved by the City Attorney. This 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 $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 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 cancelled until after at least thirty days’ notice in writing to the City Clerk.
Pay to the City Treasurer an annual fee, which has an initial amount of $135.57. The 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 and 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 66.0425 of the Wisconsin
Statutes (1999), 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 the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
7. Not now or in the future use the cable communication facility in a manner that will conflict
with the provisions of Chapter 99 of the Code of Ordinances regarding the transmission and distribution of video entertainment programming to subscribers.
8. Join and continue to be a member of Digger’s Hotline, the one call system that operates in
the Milwaukee area, as long as there is a private underground cable in the public right-of-way as described in this special privilege and as required in Section 182.0175(lm)(6) of the Wisconsin Statutes.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
December 2, 2005
050390