NUMB:
980418
VER:
SUBSTITUTE
REF:
960260
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to St. Luke's Medical Center to install and maintain an underground concrete duct bank containing electrical conduit, to now grant permission for an additional concrete duct bank containing electrical conduit in the public right-of-way, of West Oklahoma Avenue in the vicinity of South 29th Street in the 8th Aldermanic District in the City of Milwaukee.
ANLS:
___________________________________________________________
- Analysis -
This resolution amends a special privilege granted to St. Luke's Medical Center to install and maintain an underground concrete duct bank containing electrical conduit within and beneath public sidewalk area on the north side of West Oklahoma Avenue to now grant permission for an additional concrete duct bank, extending north-south containing electrical conduit in the public right-of-way beneath West Oklahoma Avenue. ___________________________________________________________
BODY:
Whereas, St. Luke's Medical Center was granted a special privilege by adoption of Common Council Resolution File Number 960260, adopted on June 25, 1996, to install a concrete duct bank containing electrical conduit to provide power between the St. Luke's Medical Center main building and a switch gear building located at the southwest side of their complex; and
Whereas, The current request is to install an additional concrete duct bank containing electrical conduit to provide telecommunications service between St. Luke's Medical Center at the north side of West Oklahoma Avenue and their facilities at the south side of West Oklahoma Avenue; and
Whereas, In order to provide this, the additional duct bank would be located within the public right-of-way beneath the roadway area of West Oklahoma Avenue; and
Whereas, These lines may only be located within the public right-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 960260 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that St. Luke's Medical Center, 2900 West Oklahoma Avenue, Milwaukee, WI 53215, is hereby granted the following special privileges:
1. To keep and maintain an underground concrete duct bank containing electrical conduit, starting at a point approximately 76 feet west of the westline of South 28th Street and extending south approximately 5.2 feet to a manhole and then west and parallel to the northline of West Oklahoma Avenue for approximately 260 feet to a manhole located north of the north curb of West Oklahoma Avenue, and then extending west and parallel to the northline of West Oklahoma Avenue for approximately 280 feet to a manhole located north of the north curb of West Oklahoma Avenue and then extending north to the northline of West Oklahoma Avenue. Said duct bank in this area is a minimum of 2 feet below grade.
Said concrete duct bank is approximately 39-inches wide and 31 1/2- inches high and contains twelve 5-inch PVC conduits for power transmission. The aforementioned manholes located in the concrete sidewalk area shall be flush with the concrete surface so as not to cause a tripping hazard.
2. To install and maintain an underground 12-inch high by 20-inch wide concrete duct bank containing electrical conduit consisting of two 4-inch diameter PVC conduits under and across West Oklahoma Avenue, beginning at a point on the southline of West Oklahoma Avenue, approximately 100 feet west of the westline of North 29th Street and extending approximately 100 feet northerly to a point on the northline of West Oklahoma Avenue. Said conduit is to be located approximately 3 feet below grade.
The duct banks and manholes shall be constructed and maintained to the satisfaction of the Departments of Public Works and Neighborhood Services. Three copies of "as-built" plans shall be submitted to the City Engineer upon completion of construction of the duct bank. The grantee shall obtain all necessary permits for work in the public right-of-way
;and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, St. Luke's Medical Center, 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 $8,000.00 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 $2,401.84. 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.
DFTR:
Infrastructure Services Division
JJM:cjt
April 11, 2000
980418