Number
060691
Version
SUBSTITUTE
Reference
77-1233
971916
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Aurora Sinai Medical Center, Inc. for underground conduit, high pressure steam mains and a concrete pillar for the Mount Sinai medical campus anchored by the hospital at 945 North 12th Street, in the 4th Aldermanic District.
Analysis
Substitute resolution amending a special privilege for change of ownership to Aurora Sinai Medical Center, Inc. for underground conduit, high pressure steam mains and a concrete pillar for the Mount Sinai medical campus anchored by the hospital at 945 North 12th Street.
Body
Whereas, Mount Sinai Medical Center, Inc. requested permission to construct and maintain a concrete column in the public right-of-way for a private pedestrian bridge; and
Whereas, Permission for said column was granted under Common Council File Number 77-1233; and
Whereas, Sinai Samaritan Medical Center Inc. requested permission to install and maintain high pressure steam mains and an underground conduit package in the public right-of-way; and
Whereas, Permission for said items was granted in 1998 under Common Council Resolution File Number 971916; and
Whereas, These items serve the medical campus centered around 945 North 12th Street, which is owned by Aurora Sinai Medical Center, Inc.; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; and
Whereas, Combining the past special privileges will allow for more efficient file management and maintenance; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council File Numbers 77-1233 and 971916 are hereby rescinded; and, be it
Further Resolved, That Aurora Sinai Medical Center, Inc., P.O. Box 343910, Milwaukee, Wisconsin 53234-3910, is hereby granted the following special privileges:
1. To keep and maintain a 24-inch square concrete column along with the necessary footing within the 15-foot wide south sidewalk area of West Kilbourn Avenue. Said column is centered approximately 158 feet west of the westline of North 12th Street and 12 feet north of the southline of West Kilbourn Avenue. The column extends from a point 4 feet below grade to a point 28 feet above grade. Said column supports the private pedestrian bridge, which is permitted under a separate air space lease.
2. To keep and maintain an underground conduit package crossing West Kilbourn Avenue which contains high pressure steam, condensate return and electrical lines serving as a connection between a main boiler house and a research building. Said conduit package crosses the 70-foot wide West Kilbourn Avenue right-of-way perpendicularly at a point approximately 145 feet east of the eastline of North 12th Street.
3. To keep and maintain a 4-inch diameter underground high pressure steam main in the east sidewalk area of North 12th Street and the north sidewalk area of West Kilbourn Avenue. Said steam main commences at a tunnel connection located approximately 44 feet north of the northline of West Kilbourn Avenue and extending south to West Kilbourn Avenue, then extending 145 feet east to a new pit where it connects to an existing main. The steam main is at least 6 feet 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.
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 acceptance of this special privilege the grantee, Aurora Sinai Medical Center, 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 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 own 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 $479.29. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
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.
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.
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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
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.
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 are private underground facilities in the public right-of-way as required in Section 182.0175(lm)(6) of the Wisconsin Statutes.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
November 14, 2006
060691