Number
010418
Version
SUBSTITUTE
REFERENCE
SPONSOR
THE CHAIR
Title
Substitute resolution granting a special privilege to Trostel Square Apartments, LLC, to install and maintain underground communication cabling across and beneath East Vine Street, between 415 East Vine Street and 1818 North Commerce Street, across and beneath East Ship Street, between 1818 North Commerce Street and 410 East Ship Street, and across and beneath North Cape Street, between 1820 North Cape Street and 1818 North Commerce Street, in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege resolution to Trostel Square Apartments, LLC, permitting the installation and maintenance of communication cabling across and beneath East Vine Street, between 415 East Vine Street and 1818 North Commerce Street, across and beneath East Ship Street, between 1818 North Commerce Street and 410 East Ship Street and across and beneath North Cape Street, between 1820 North Cape Street and 1818 North Commerce Street
Body
Whereas, Trostel Square Apartments, LLC, desires to install and maintain communication cabling within East Vine Street, East Ship Street and North Cape Street to connect facilities between 415 East Vine Street and 1818 North Commerce Street, between 1818 North Commerce Street and 410 East Ship Street, and between 1820 North Cape Street and 1818 North Commerce Street; and
Whereas, Said communication cabling may only be permitted to occupy the public rights-of-way by the adoption of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Trostel Square Apartments, LLC c/o Mandel Group, 111 East Wisconsin Avenue, Milwaukee, WI 53202 is hereby granted the following special privilege:
To install and maintain two 4-inch diameter PVC conduits under and across East Vine Street, East Ship Street and North Cape Street. The conduits beneath East Vine Street begin at a point on the southline of East Vine Street, approximately 100 feet east of the eastline of North Commerce Street, and extend approximately 54 feet north to a point on the northline of East Vine Street. The conduit beneath East Ship Street begins at a point on the southline of East Ship Street, approximately 125 feet east of the eastline of North Commerce Street, and extends approximately 54 feet north to a point on the northline of East Ship Street. The conduit beneath North Cape Street begins at a point on the eastline of North Cape Street, approximately 45 feet south of the southline of East Ship Street, and extends approximately 54 feet east to a point on the westline of North Cape Street.
Said conduit is proposed to be located approximately 1 foot below grade. Grantee shall, after installation, provide "as-built" plans of the conduit installation to the City Engineer in a timely manner.
The communication cabling conduit shall be installed, operated and maintained to the approval of the Departments of Public Works and Neighborhood Services. The grantee shall procure the necessary permits from the Departments of City Development and Public Works
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Trostel Square Apartments, 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 $2,000.00 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 $162.00. 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.
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 private underground conduit in the public rights-of-way serving the buildings of 415 East Vine Street, 1818 North Commerce Street, 410 East Ship Street or 1820 North Cape Street.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:dle
September 26, 2001
TROSTEL SQUARE-CAK