NUMB:
971753
VERS:
SUBSTITUTE
REF:
950205
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege to Aurora Health Care, Inc. to install and maintain communication/data conduit across and beneath the public rights-of-way of West Montana Street and South 32nd Street connecting 3031 West Montana Street and 3305 West Forest Home Avenue, to now grant permission for installation of two additional conduits at the same location, in the 8th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege resolution amends a special privilege granted to Aurora Health Care, Inc. to install and maintain a communication/data conduit across and beneath the public rights-of-way of West Montana Street and South 32nd Street, providing contact between their existing facilities at 3031 West Montana Street and 3305 West Forest Home Avenue, by now granting permission to install and maintain two additional conduits at the same location.
BODY:
Whereas, Aurora Health Care, Inc. was granted permission by Common Council Resolution File Number 950205 to install a 4-inch diameter conduit encased in or capped by concrete within the public rights-of-way of West Montana Street and South 32nd Street; and
Whereas, Aurora now wishes to install two additional 4-inch diameter conduits at the same location within the public rights-of-way; and
Whereas, The conduit within the public rights-of-way may only be permitted 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 950205 is hereby rescinded; and
Further Resolved, By the Common Council of the City of Milwaukee, that Aurora Health Care, Inc., 5200 West Loomis Road, Greendale, WI 53129, is hereby granted the following special privilege:
To install and maintain three 4-inch diameter conduits encased in or capped by concrete for communication/data cables across and beneath the public rights-of-way of West Montana Street and South 32nd Street. Said conduits begin from an existing manhole centered approximately 14 feet north of the southline of West Montana Street and 171 feet east of the eastline of South 31st Street, then extend to the west in a curvilinear direction to a point approximately 120 feet east of the eastline of South 31st Street and 1.5 feet north of the southline of West Montana Street covering a distance of approximately 68 feet beneath the south sidewalk area of West Montana Street; said conduit continues west parallel to the southline of West Montana Street for a distance of approximately 387 feet to an angle point approximately 267 feet west of the eastline of South 31st Street, extended, then continuing approximately 42 feet, of which approximately 22.3 feet is on private property, to a manhole on private property centered approximately 5 feet east of the eastline of South 32nd Street, extended, and 1.5 feet south of the southline of West Montana Street covering a distance of approximately 422.7 feet beneath the public right-of-way; said cable continues north from the manhole crossing under West Montana Street to an angle point approximately 4 feet west of the eastline of South 32nd Street and 6.1 feet south of the northline of West Montana Street for a distance of approximately 56.1 feet; then continuing north parallel to and approximately 4 feet west of the eastline of South 32nd Street for a distance of approximately 94.9 feet beneath the east sidewalk area to an angle point; then continuing north for a distance of approximately 25.1 feet to another angle point located approximately 6.5 feet west of the eastline of South 32nd Street and 112.8 feet north of the northline of West Montana Street;
then continuing north parallel to and approximately 6.5 feet west of the eastline of South 32nd Street approximately 68 feet to a point; then continuing north in a curvilinear direction to a point approximately 37.8 feet west of the eastline of South 32nd Street and 270 feet north of the northline of West Montana Street for a distance of approximately 85.9 feet where it then enters private property. Total conduit distance in the public right-of-way is approximately 802.7 feet.
Said conduits shall be at least 3 feet below grade at all locations and shall be installed and maintained to the satisfaction of the Commissioners of Public Works and Building Inspection. The grantee shall obtain the necessary permits for work in the public rights-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, Aurora Health Care, Inc., 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 $5,000.00 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 $1,658.00. 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
March 23, 1998
971753