Number
040804
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Get It Off My Plate, LLC to install and maintain underground fiber optic cabling in the public rights-of-way to connect the two premises at 509 East Smith Street and 2459 South Kinnickinnic Avenue, in the 14th Aldermanic District in the City of Milwaukee.
Analysis
This resolution formally grants a special privilege to keep, use and maintain underground fiber optic cabling and two hand holes in the public rights-of-way of the alley bounded by South Graham Street, South Kinnickinnic Avenue, East Smith Street and East Wilson Street and the right-of-way of East Wilson Street to connect the two premises at 509 East Smith Street and 2459 South Kinnickinnic Avenue.
Body
Whereas, The applicant has petitioned to install an underground fiber optic cabling and construct hand holes to connect its two facilities and is petitioning to keep and maintain said underground fiber optic cabling and hand holes in the public rights-of-way; and
Whereas, The two buildings connected by said underground fiber optic cabling are occupied by an ambulance company, which desires to use the underground fiber optic cabling to maintain communications between the two buildings; and
Whereas, The underground fiber optic cabling may only legally occupy the public rights-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Get It Off My Plate, LLC, 549 East Wilson Street, Milwaukee, WI 53207 is hereby granted the following special privileges:
1. To keep, use and maintain fiber optic cabling located in the alley in the block bounded by South Graham Street, South Kinnickinnic Avenue, East Smith Street and East Wilson Street commencing at the westline of said alley, approximately 112 feet south of the southline of East Smith Street, and extending easterly approximately 15 feet 4 inches across the 20-foot wide alley; then extending southerly approximately 37 feet to the hand hole described in Item No. 2; cabling then extends southeasterly, through the 15-foot wide portion of the alley, approximately 184 feet to the hand hole described in Item No. 3; then extending easterly, approximately parallel to and 6 inches south of the northline of East Wilson Street, for approximately 50 feet 2 inches; then, said fiber optic cabling extends southerly approximately 59 feet 6 inches, crossing East Wilson Street at a point approximately 130 feet west of the westline of South Kinnickinnic Avenue and entering the building at 2459 South Kinnickinnic Avenue. Said fiber optic cabling shall be maintained in a single 2-inch diameter pipe which shall be installed no less than 3 feet below the ground surface.
2. To keep, use and maintain a hand hole centered approximately 112 feet south of the southline of East Smith Street and 3 feet west of the eastline of the 20-foot wide, north-south portion of the alley bounded by South Graham Street, South Kinnickinnic Avenue, East Smith Street and East Wilson Street. Said hand hole is 2 feet wide, 3 feet long and extends approximately 4 feet below ground.
3. To keep, use and maintain a hand hole centered approximately 180 feet west of the westline of South Kinnickinnic Avenue and 3 feet north of the northline of East Wilson Street in the 15-foot wide, north-south portion of the alley bounded by South Graham Street, South Kinnickinnic Avenue, East Smith Street and East Wilson Street. Said hand hole is 2 feet wide, 3 feet long and extends approximately 4 feet below ground.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained for this work.
Said items shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Get It Off My Plate, 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 surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $10,000 such bond to be approved by the City Attorney. This 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 $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $40,000 covering property damage to any own 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 cancelled 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 $356.91. 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 no 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 and 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 66.0425 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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
7. Not now or in the future use the cable communication facility in a manner that will conflict with the provisions of Chapter 99 of the Code of Ordinances regarding the transmission and distribution of video entertainment programming to subscribers.
8. Join and continue to be a member of Diggers Hotline, the one call system that operates in the Milwaukee area, as long as there is a private underground cable in the public right-of-way serving the premises at 509 East Smith Street and 2459 South Kinnicknnic Avenue, as required in Section 182.0175(1m)(6) of the Wisconsin Statutes.
Requestor
Department of Public Works
Draftor
Infrastructure Services Division
MDL:dr
March 16, 2005
040804