NUMB:
950353
VERS:
SUBSTITUTE
REF:
920654
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege to Marquette University, which granted permission for electrical and heating conduits under and across several street and/or alley public rights-of-way, to now add permission for additional concrete encased electrical conduits under and across several street and/or alley rights-of-way within Marquette University vicinity and to delete some of the previously permitted items as the result of the vacation of some portions of public rights-of-way, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
Substitute resolution amending a special privilege to Marquette University, which granted permission for electrical and heating conduits under and across several streets and/or alley public rights-of-way, to now add permission for additional conduit within Marquette University vicinity rights-of-way, and to delete some of the previously permitted items as the result of the vacation of some portions of public rights-of-way.
BODY:
Whereas, Marquette University is a dynamic educational institution that expanded to occupy many blocks of the City just west of Downtown; and
Whereas, During this expansion, in order to serve their facilities, they have received permission to locate heating, electrical and communication conduits within various public rights-of-way starting with adoption of C.C. 60-3218 in 1961 and continuing with C.C. 920654 in 1992; and
Whereas, Marquette University is desirous to install additional facilities of this type; and
Whereas, Additional conduits and the existing heating and electrical conduits may only be permitted and continue to occupy the public rights-of-way by the granting of a special privilege by the Common Council; and
Whereas, Since some portions of public rights-of-way have been vacated, items in those areas should not be included in a special privilege resolution; now , therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 920654 granted to Marquette University is hereby rescinded;and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Marquette University, (Attention: Director of Physical Environment P O Box 1881, Milwaukee, WI 53201-1881), is hereby granted the following special privileges:
1. To keep and maintain six 4-inch diameter conduits encased in concrete extending under and across North 16th Street located approximately 2 feet below finished grade beginning at a point on the west side of North 16th Street, approximately 203 feet north of the northline of West Wisconsin Avenue, then extending easterly for a distance of approximately 60 feet under the public right-of-way to a point on the east side of North 16th Street.
2. To keep and maintain six 4-inch diameter conduits encased in concrete extending under and diagonally across North 17th Street located approximately 2 feet below finished grade beginning at a point on the west side of North 17th Street, approximately 187 feet north of the northline of West Wisconsin Avenue, then extending northeasterly for a distance of approximately 60.2 feet under the public right-of-way to a point located approximately 192 feet north of the northline of West Wisconsin Avenue.
3. To keep and maintain four 3-inch and two 4-inch diameter conduits encased in concrete extending under and across North 18th Street located approximately 2 feet below finished grade beginning at a point on the east side of North 18th Street, approximately 207 feet south of the southline of West Wells Street, then extending westerly for a distance of approximately 60 feet under the public right-of-way to a point on the west side of North 18th Street.
4. To keep and maintain six 4-inch diameter conduits encased in concrete extending under and diagonally across North 19th Street located approximately 2 feet below finished grade beginning at a point on the west side of North 19th Street, approximately 175.5 feet north of the northline of West Wisconsin Avenue, then extending southeasterly for a distance of approximately 60.06 feet under the public right-of-way to a point approximately 172.8 feet north of the northline of West Wisconsin Avenue.
5. To keep and maintain six 4-inch diameter electrical conduits encased in concrete extending under and diagonally across West Wisconsin Avenue located approximately 5 feet below finished grade and extending from a point along the northline of West Wisconsin Avenue, approximately 15 feet east of the eastline of North 13th Street, in a southeasterly direction, to a point along the southline of West Wisconsin Avenue into a manhole located on private property covering a total distance of approximately 169.61 feet under the public right-of-way.
6. To keep and maintain four 4-inch diameter electrical conduits encased in concrete located approximately 2 feet below finished grade, extending for a distance of approximately 4 feet south from the building at 729 North 11th Street into the east-west alley bounded by West Wells Street, West Wisconsin Avenue, North 11th Street and North 12th Street, approximately 4 feet west of the westline of North 11th Street to a manhole, then continuing east for a distance of approximately 4 feet to the westline and 70 feet directly across North 11th Street, approximately 162 feet north of the northwest corner of North 11th Street and West Wisconsin Avenue, to a manhole at or near the eastline of North 11th Street for a total distance of 78 feet under the public rights-of-way.
7. To keep and maintain six 4-inch diameter conduits encased in concrete located approximately 2 feet below finished grade extending from a point approximately 152 feet north of the northline of West Wisconsin Avenue on the westline of North 13th Street then crossing 30 feet to the centerline of North 13th Street, then continuing in a southeasterly direction for approximately 30 feet to the eastline of North 13th Street for a distance of approximately 60 feet under the public right-of-way, then connecting to a manhole located approximately 2 feet east of the eastline of North 13th Street on private property.
8. To keep and maintain four 4-inch diameter electrical conduits encased in concrete located approximately 2 feet below finished grade. Said conduit commences from a point on the westline of North 12th Street located approximately 184 feet north of the northline of West Wisconsin Avenue then extending east crossing North 12th Street for a distance of approximately 70 feet under the public right-of-way to the eastline of North 12th Street. Said conduit continues to the east along a line 2 feet south of and parallel to the northline of the east-west alley for a distance of approximately 176 feet under the public rights-of-way and connecting to a manhole located approximately 124 feet west of the westline of North 11th Street.
9. To keep and maintain six 4-inch diameter electrical conduits encased in concrete under and across West Wisconsin Avenue located approximately 2.5 feet below finished grade. Said conduit is located approximately 125 feet west of the northline of North 15th Street covering a total distance of approximately 100 feet under the public right-of-way.
10. To keep and maintain one 15-inch diameter heating pipe with one 4-inch diameter return pipe both encased in concrete under and across West Wisconsin Avenue located approximately 5 feet below finished grade. Said conduit is located approximately 155 feet west of North 15th Street covering a total distance of approximately 100 feet under the public right-of-way.
11. To keep and maintain one 12-inch diameter steam heating pipe and a group of six 4-inch diameter electrical conduits located under and directly across North 16th Street, approximately 2.5 feet below finished grade. Said conduit is located approximately 249 feet north of the northline of West Clybourn Street covering a total distance of approximately 60 feet under the public right-of-way. Each type of facility is encased in concrete.
12. To keep and maintain six 4-inch diameter conduits encased in a 22-inch wide and 16-inch high concrete box extending under and across North 16th Street located approximately 2 feet below finished grade beginning at a point on the eastline of North 16th Street, located approximately 184 feet north of the northline of West Wells Street, then crossing west for a distance of approximately 60 feet under the public right-of-way to a point on the westline of North 16th Street, located approximately 184 feet north of the northline of West Wells Street.
13. To keep and maintain six 4-inch diameter conduits encased in a 22-inch wide and 16-inch high concrete box extending under and across West Wells Street located approximately 2 feet below finished grade beginning at a point on the southline of West Wells Street, located approximately 171 feet east of the eastline of North 16th Street, then crossing northerly for a distance of approximately 79.18 feet under the public right-of-way to a point on the northline of West Wells Street, located approximately 134 feet east of the eastline of North 16th Street.
14. To install and maintain six 4-inch diameter conduits encased in a 22-inch wide and 16-inch high concrete box extending under and across West Wells Street located approximately 2 feet below finished grade beginning at a point on the southline of West Wells Street, located approximately 135 feet east of the eastline of North 18th Street, crossing easterly for a distance of approximately 70.86 feet under the public right-of-way to a point on the northline of West Wells Street located approximately 146 feet east of the eastline of North 18th Street.
15. To install and maintain six 4-inch diameter conduits encased in a 22-inch wide and 16-inch high concrete box extending under and across the east-west alley bounded by North 19th Street, West Wisconsin Avenue and West Wells Street. Said conduits shall be located approximately 2 feet below finished grade beginning at a point on the south side of the alley, located approximately 111 feet west of the westline of North 18th Street, then crossing north for a distance of approximately 15 feet under the public right-of-way to a point on the north side of the alley, located approximately 111 feet west of the westline of North 18th Street.
16. To install and maintain four 4-inch diameter conduits encased in concrete located approximately 2 feet below finished grade. Conduit commences at a point approximately 152 feet north of the northline of West Wisconsin Avenue, then crossing from the westline of North 13th Street directly to the eastline of North 13th Street for a distance of approximately 60 feet under the public right-of-way, then connecting to a manhole located on private property approximately 2 feet east of the eastline of North 13th Street.
17. To install and maintain six 4-inch diameter conduits encased in a 22-inch wide and 16-inch high concrete box extending under and across North 15th Street located approximately 2 feet below finished grade beginning at a point on the eastline of North 15th Street, located approximately 70 feet north of the northline of West Wells Street, then crossing west for a distance of approximately 60 feet under the public right-of-way to a point on the westline of North 15th Street, located approximately 70 feet north of the northline of West Wells Street.
and, be it
Further Resolved, That the cost of alterations to water mains, sewers, or any other underground municipal facilities because of the granting of this special privilege shall be borne by the applicant. Said conduits are to be installed and maintained to the approval of the Commissioner of Public Works and the Commissioner of Building Inspection and the applicant shall procure the necessary permits before the work is commenced and shall supply "as-built" plans to the City Engineer within 60 days of completion of the installation.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Marquette University, 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 $10,000.00 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 $2,657.82. 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 Divison
JJM:cjt
June 18, 1998