NUMB:
980772
VERS:
SUBSTITUTE
REF:
77-617
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Lincoln State Bank to install and maintain underground conduit containing communication wires within the public right-of-way in the north-south leg of the alley bounded by West Grant Street, West Lincoln Avenue, South 12th Street and South 13th Street, to now grant permission to Merchants & Manufacturers Bancorp to replace the existing conduit with new PVC conduit, in the 12th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to Lincoln State Bank to install and maintain underground communication conduit within and beneath the north-south leg of the alley bounded by West Grant Street, West Lincoln Avenue, South 12th Street and South 13th Street by granting permission to replace the existing conduit with new PVC conduit. Merchants & Manufacturers Bancorp is the name of the holding company of Lincoln State Bank.
BODY:
Whereas, Lincoln State Bank was granted a special privilege under Common Council Resolution File Number 77-617, adopted on July 26, 1977, to install and maintain underground communications conduit under the public alley in that block between their main bank building at 2266 South 13th Street and a drive-through facility at 2253 South 13th Street; and
Whereas, Merchants & Manufacturers Bancorp, the holding company of Lincoln State Bank, now desires to replace the existing conduit with new PVC conduit which will house communication wires at the same location; and
Whereas, These conduits 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 77-617 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Merchants & Manufacturers Bancorp, a Wisconsin Corporation, Facilities Director P.O. Box 511160 New Berlin, WI 53151, is hereby granted the following special privilege:
To install and maintain two 4-inch diameter conduits under and across the north-south leg of the alley in the block bounded by West Grant Street, West Lincoln Avenue, South 12th Street and South 13th Street located approximately 47 inches below the surface of the alley pavement encased in concrete. The conduits are to be used for communication system lines. The conduits shall cross the alley at a right angle and shall be located approximately 410 feet south of the southline of West Grant Street.
The communication conduits shall be installed and maintained to the satisfaction of the Commissioners of Public Works and Building Inspection. Three copies of "as-built" plans shall be submitted to the City Engineer upon installation of the communication conduits. 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, Merchants & Manufacturers Bancorp, 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 $35.00. 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 6, 1998
980772