...NUMB:
990980
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Messmer High School to install and maintain underground communication fiber optic cabling in North 7th Street, extending between 742 and 632 West Capitol Drive, and a backup driveway in the public right-of-way of West Messmer Street, adjacent to the premises at 742 West Capitol Drive, in the 6th Aldermanic District in the City of Milwaukee.
ANLS:
_____________________________________________________________
- Analysis -
This resolution grants a special privilege to Messmer High School allowing the installation and maintenance of communication fiber optic cabling within and beneath North 7th Street, extending between 742 and 632 West Capitol Drive, and a backup driveway in the public right-of-way on the south side of West Messmer Street, adjacent to the premises at 742 West Capitol Drive. ____________________________________________________________
BODY:
Whereas, Messmer High School desires to install and maintain communication fiber optic cabling within North 7th Street, north of West Capitol Drive, to connect the building at 742 West Capitol Drive with the parking lot at 632 West Capitol Drive; and
Whereas, Messmer High School also desires to construct and maintain a backup driveway encroaching into the public right-of-way on the south side of West Messmer Street, west of North 7th Street, adjacent to the premises at 742 West Capitol Drive; and
Whereas, Said communication fiber optic cabling and backup driveway may only be permitted to occupy the public rights-of-way by the adoption of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Messmer High School, 742 West Capitol Drive, Milwaukee, WI 53206 are hereby granted the following special privileges:
1. To install and maintain a 4-inch diameter PVC conduit encased in 24-inch wide by 42-inch deep concrete under and across North 7th Street, beginning at a point on the westline of North 7th Street, approximately 92 feet north of the northline of West Capitol Drive, and extending approximately 60 feet easterly to a point on the eastline of North 7th Street. Said conduit is to be located approximately 32 inches below grade, with the concrete encasement extending to grade.
2. To construct, maintain and use a 20-foot wide driveway between the curb and property line on the south side of West Messmer Street, approximately 198 feet west of the westline of North 7th Street, serving an approximate 6-foot wide loading dock. The sidewalk area is 15 feet wide at this location, and the roadway width is 30 feet. Vehicles using said driveway during loading and unloading operations may occupy and obstruct the public right-of-way only to the centerline of West Messmer Street.
The communication fiber optic cabling conduit and backup driveway shall be installed, operated and maintained to the approval of the Departments of Public Works and Neighborhood Services. The grantee shall procure the necessary permits from the Departments of City Development/Neighborhood Services and Public Works. An "as-built" plan of the conduit shall be submitted to the City Engineer, in a reasonable time after completion of that work.
and, be it
Further Resolved, that this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Messmer High School, 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 $2,000 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 $183.65. 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 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 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.
DFTR:
Infrastructure Services Division
JJM:cjt
November 8, 1999
MESSMER