Number
000613
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Riverfront Power LLC to install and maintain underground water pipes within the public right-of-way of West Cherry Street, in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to Riverfront Power LLC to install, use and maintain underground water pipes within and beneath West Cherry Street.
Body
Whereas, Riverfront Power LLC desires to install underground water pipes between a power plant within the Schlitz Park complex, which is north of West Cherry Street, and a Time Warner office facility, to be located at 1338 North Commerce Street, which is south of West Cherry Street, in order to provide building air conditioning; and
Whereas, In order to provide this service, the water pipes are to be located within the public right-of-way beneath the sidewalk areas and roadway of West Cherry Street; and
Whereas, A recent field investigation has confirmed that the underground water pipes are now in place and we have received "as-built" plans of this installation; and
Whereas, The water supply and return 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 Riverfront Power, LLC, 205 West Galena Street, Milwaukee, WI 53212, is hereby granted the following special privilege:
To install, use and maintain two chilled water supply and return pipes, starting at a point on the northline of West Cherry Street approximately 380 feet east of the eastline of North Dr. Martin Luther King Jr. Drive and then extending southwesterly approximately 90 feet to a point approximately 361 feet east of the eastline of North Dr. Martin Luther King Jr. Drive. Said water pipes are 10 inches in diameter and placed side by side. The two pipes are located approximately 11 feet 6 inches below the existing pavement.
The water pipes shall be constructed, used and maintained to the satisfaction of the Commissioners of Public Works and Neighborhood Services. 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, Riverfront Power LLC, 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 $10,000.00 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 $180.00. 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 66.0915(3) of the Wisconsin Statutes (1999), 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.
Requestor
Drafter
Infrastructure Services Division
JJM:cjt
January 18, 2001