NUMB:
980771
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Cerac, Inc., a Wisconsin Corporation, to install and maintain an aerial fiber optic cable along and across the public right-of-way between the premises at 1210 West St. Paul Avenue and 272 North 12th Street, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege grants permission to Cerac, Inc. to install and maintain an aerial fiber optic cable along and across the public right-of-way between the premises at 1210 West St. Paul Avenue and 272 North 12th Street. The cable would cross North 12th Street three times: once north of West St. Paul Avenue, once diagonally within the intersection at West St. Paul Avenue and once near the intersection with West Mt. Vernon Avenue. In addition, it is to cross the CP railroad right-of-way. A copy of a letter from them to Cerac was also included with the petition.
BODY:
Whereas, Cerac, Inc., a Wisconsin Corporation, wishes to place an aerial fiber optic cable along and across the public right-of-way on existing WEPCO poles between the premises at 1210 West St. Paul Avenue and 272 North 12th Street; and
Whereas, Permission for the fiber optic cable in the public right-of-way can only be given by the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Cerac, Inc., 407 North 13th Street, Milwaukee, WI 53233, is hereby granted the following special privilege:
To place and/or maintain an aerial fiber optic cable within North 12th Street as herein described: beginning at a point on the westline of North 12th Street, approximately 60 feet north of the northline of West St. Paul Avenue, extended west, and extending southeasterly over North 12th Street for a distance of approximately 70 feet to an existing WEPCO pole located on the east side of North 12th Street, approximately 10 feet north of the northline of West St. Paul Avenue, extended east; then extending southwesterly over North 12th Street for a distance of approximately 125 feet across the intersection of North 12th Street and West St. Paul Avenue to an existing WEPCO pole located on the west side of North 12th Street, approximately 50 feet south of the southline of West St. Paul Avenue, extended west; then extending southerly for a distance of approximately 135 feet to an existing WEPCO pole; then extending southerly over the railroad tracks for a distance of approximately 75 feet to an existing WEPCO pole, being 16 feet north of the north curbline of West Mt. Vernon Avenue; then extending southeasterly over North 12th Street for a distance of approximately 80 feet to the eastline of North 12th Street where the cable enters the premises at 272 North 12th Street. Said cable shall have a minimum vertical clearance of 18 feet above the public rights-of-way.
Said fiber optic cable shall be kept and maintained to the approval of the Commissioners of Public Works and Building Inspection and all permits shall be procured from the Commissioners of Public Works and Building Inspection. No alteration or replacement may be made without the written approval of the Commissioners of Public Works and Building Inspection. Three copies of an "as-built" plan with measurements shall be provided to the City Engineer upon completion of the installation.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Cerac, Inc., a Wisconsin 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 $1,000 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 $445.00. 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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
October 12, 1998
980771