Number
010426
Version
SUBSTITUTE
REFERENCE
960260, 980418
SPONSOR
THE CHAIR
Title
Substitute resolution amending a special privilege granted to St. Luke's Medical Center, at 2900 West Oklahoma Avenue, to install and maintain two underground concrete duct banks in West Oklahoma Avenue containing electrical conduit, in the area between South 28th and South 29th Streets, to now grant permission for an additional concrete duct bank containing electrical conduit in the public right-of-way extending to South 27th Street on West Oklahoma Avenue, in the 8th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege granted to St. Luke's Medical Center, at 2900 West Oklahoma Avenue, to install and maintain two underground concrete duct banks in West Oklahoma Avenue containing electrical conduit in the area between South 28th and South 29th Streets to now grant permission for an additional concrete duct bank containing electrical conduit in the public right-of-way extending to South 27th Street on 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, and subsequently amended by adoption of Common Council Resolution File Number 980418, adopted on May 10, 2000, which amended File Number 960260 which granted permission to install and maintain concrete duct banks containing electrical conduit in the public right-of-way in the area between South 28th and South 29th Streets of West Oklahoma Avenue; and
Whereas, The current request is to install an additional concrete duct bank containing electrical conduit to provide service between the hospital facilities at St. Luke's Medical Center and the new expanding facilities of St. Luke's Cardiac Center and Patient Tower; and
Whereas, In order to provide this service, the additional duct bank would be located within the public right-of-way beneath the north sidewalk area of West Oklahoma Avenue as an eastward extension of the existing ducts; 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Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 980418 is hereby rescinded; and, be it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 ½ 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 keep 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 South 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.
3. To install and maintain an underground 35-inch high by 27-inch wide concrete duct bank containing electrical conduit consisting of twelve 5-inch diameter PVC conduits, under the north sidewalk area of West Oklahoma Avenue, beginning at the existing manhole, being approximately 425 feet west of the westline of South 27th Street and then extending west for approximately 405 feet to a point approximately 20 feet west of the westline of South 27th Street where it turns onto private property. Two manholes will be located in the sidewalk area. Said duct bank is to be located approximately 2 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 $3,781.60. 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
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
September 10, 2001
010426