Number
011185
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution approving a conduit occupancy license agreement between the City of Milwaukee and Midwest Fiber Networks, L.L.C. for Midwest Fiber Networks, L.L.C. to occupy a portion of the City's communication conduit system.
Analysis
This substitute resolution approves a conduit occupancy license agreement between the City of Milwaukee and Midwest Fiber Networks, L.L.C. to occupy a portion of the City's communications conduit system in accordance with the provisions of sec. 98-7 of the City of Milwaukee Code of Ordinances.
Body
Whereas, The City of Milwaukee owns and operates a conduit system located in the public right-of-way within the City of Milwaukee, County of Milwaukee, State of Wisconsin; and
Whereas, Midwest Fiber Neworks, L.L.C. has registered in accordance with the provisions and criteria specified in s. 98-7, Milwaukee Code of Ordinances, for permission to place and maintain telecommunications facilities in the portions of the City of Milwaukee's conduit system; and
Whereas, s. 98-7 provides for negotiation of a conduit occupancy license agreement specifying the terms and extent of Midwest Fiber Networks, L.L.C.'s use of the City's conduit system; and
Whereas, A conduit occupancy license agreement has been developed, Exhibit A of which fully describes the extent of Midwest Fiber Networks, L.L.C.'s use of the City's conduit system; and
Whereas, Midwest Fiber Networks, L.L.C. has agreed pursuant to s. 98-5, Milwaukee Code of Ordinances, to permit for, under certain conditions and for a four year renewable term at the City of Milwaukee's option, on a license basis, the placement of Midwest Fiber Networks, L.L.C.'s facilities within the portions of the City of Milwaukee's conduit system designated in Midwest Fiber Networks, L.L.C.'s conduit maps on file in the Office of the City Engineer and the Department of Public Works and summarized in Exhibit A of the conduit occupancy license agreement; now, therefore, be it
Resolved, That the Common Council of the City of Milwaukee, grants approval of the conduit occupancy license agreement between the City of Milwaukee and Midwest Fiber Networks, L.L.C., a copy of which is attached to Common Council Resolution File Number 011185 and incorporated in this resolution by reference as though set forth therein in full; and, be it
Further Resolved, That the Commissioner of Public Works is hereby authorized and approved to make minor revisions to said license agreement that do not change the intent of said license agreement; and, be it
Further Resolved, That the Commissioner of Public Works is hereby authorized and directed to execute said license agreement after execution by Midwest Fiber Networks, L.L.C.
Requestor
Department of Public Works
Infrastructure Services Division
Drafter
Environmental Engineering Section
TJT/KLR /ah
March 8, 2002