Number
990656
Version
SUBSTITUTE
Reference
882313
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to Norlight Telecommunications, Inc. to allow the installation and maintenance of new fiber optic cable system routing within and crossing various public rights-of-way within the 3rd and 6th Aldermanic Districts and to keep and maintain fiber optic cable system within and crossing various public rights-of-way within the 1st, 3rd, 6th, 9th and 15th Aldermanic Districts of the City of Milwaukee.
Analysis
This resolution formally amends a special privilege to Norlight Telecommunications, Inc. to keep and maintain new fiber optic cable routing within and crossing various public rights-of-way within the 3rd and 6th Aldermanic Districts and to keep and maintain existing fiber optic cable system within and crossing various public rights-of-way within the 1st, 3rd, 6th, 9th and 15th Aldermanic Districts of the City of Milwaukee.
Body
Whereas, Norlight Telecommunications, Inc. petitioned to keep and maintain a fiber optic cabling system within and crossing various public rights-of-way within the 1st, 3rd, 6th, 9th and 15th Aldermanic Districts; and
Whereas, Permission for said fiber optic cabling system was granted in 1989 under Common Council Resolution File Number 882313; and
Whereas, Norlight Telecommunications, Inc. had proposed to alter its routing for its fiber optic data cable system within the 3rd and 6th Aldermanic Districts; and
Whereas, Norlight Telecommunications, Inc. constructed the proposed alterations sometime between 1999 and 2005; and
Whereas, Norlight Telecommunications, Inc. removed its previous routing along North Commerce Street and near North Humboldt Boulevard at approximately the same time as installing the new routing; and
Whereas, The rest of the fiber optic routing has remained in place as described in Common Council Resolution File Number 882313; and
Whereas, Norlight’s aerial cabling for the new routing has been installed on existing utility poles; and
Whereas, Said fiber optic cabling for the new route may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, That Common Council Resolution File Number 882313 is hereby rescinded; and
Further Resolved, By the Common Council of the City of Milwaukee that Norlight Telecommunications, Inc., 13935 Bishops Drive, Brookfield, Wisconsin 53005, is hereby granted the following special privileges:
1. To keep and maintain 379 feet of underground conduit commencing at the eastline of North 6th Street at a point approximately 240 feet south of the southline of West Vine Street. Said underground conduit crosses North 6th Street to the west side of the street where it runs north to the south side of West Vine Street, where it turns east, crossing North 6th Street, and continuing to the first utility pole east of the eastline of North 6th Street. Said cabling travels up the utility pole at this point and becomes aerial cabling.
2. To keep and maintain 12,211 feet of aerial cabling along existing utility poles commencing at the end point of Item #1 above and continuing eastward along the south side of West Vine Street to the north-south alley in the block bounded by North 1st Street, North 2nd Street, West Reservoir Avenue and West Vine Street where it turns and heads north to West Brown Street. At West Brown Street, said cabling continues along the south side of the public way approximately 1 block to the north-south alley in the block bounded by North 1st Street, East Brown Street, East Lloyd Street and North Palmer Street where it continues north up the alley to East Clarke Street. At East Clarke Street, said cabling turns in an east direction and continues along the south side of the public way past North Humboldt Boulevard to the north-south alley in the block bounded by East Clarke Street, North Dousman Street, North Humboldt Boulevard and East Wright Street where it heads south to the south side of East Meinecke Avenue, turns east continuing for approximately two blocks where it enters railroad right-of-way.
3. To keep and maintain fiber optic data cable and conduit at various depths below the ground surface elevation of the track roadbed, across the following City of Milwaukee rights-of-way:
Right of Way
Streets___ Width (feet)
North 124th Street -
South of West County Line Road 24.75
North 91st Street -
South of West Brown Deer Road 66
West Bradley Road -
East of North 76th Street 66
North 60th Street -
North of West Good Hope Road 66
4. To place and maintain fiber optic data cable and conduit below the ground surface elevation of the roadbed across the City right-of-way of North Teutonia Avenue, south of West Mill Road. The length of this crossing is approximately 200 feet.
To place and maintain aerial data cable over, along and/or across the public ways at the following locations:
Street/Alley/Bridge (S/A/B) Location Direction Length
S W. Villard Ave. at -- N-S 90’
N. 20th St.
S W. Hampton Ave. at -- N-S 66’
N. 20th St.
S N. Green Bay Ave., -- NW-SE 95’
N. of W. Cornell St.
S N. Port Washington Ave., -- NW-SE 110’
S. of W. Olive St.
B W. Capitol Dr., W. of Railroad goes NW-SE 145’
N. 2nd St. over street
S E. Keefe Ave., E. of -- NW-SE 85’
N. Richards St.
S N. Holton St., -- NW-SE 120’
E. Townsend St.
S N. Booth St., N. of -- NW-SE 120’
E. Concordia Ave.
S E. Concordia Ave., -- NW-SE 70’
E. of N. Booth St.
S E. Auer Ave., W. of -- NW-SE 78’
N. Fratney St.
S N. Fratney St., S. of -- NW-SE 120’
E. Auer Ave.
S N. Bremen St., N. of -- NW-SE 145’
E. Burleigh St. to
S. of E. Burleigh St.
S N. Weil St., E/S Between curb and N-S 570’
S. of E. Chambers St. sidewalk
to E. Locust St.
S E. Locust St., N/S Behind curb W-E 205’
N. Weil St. to W. of
N. Humboldt Blvd.
S E. Locust St., W. of -- NW-SE 62’
N. Humboldt Blvd. -- NW-SE 62’
S N. Humboldt Blvd., S. -- NW-SE 190’
of E. Locust St.
S E. Wright St., W. of -- N-S 61’
N. Gordon Pl.
S E. Meinecke Ave., Between curb and E-S 946’
S/S E. of N. Gordon sidewalk
Pl. to W. of N.
Humboldt Blvd.
A N. Humboldt Blvd., E. Along W. edge of N-S 605’
E. Meinecke St., E. pavement
North Ave./N. Weil St.
Said cable and conduit shall be installed and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. The grantee shall procure the City permits for excavation/occupancy in the public way and for work on other private lands. Grantee shall also obtain any necessary permits which are required from the Wisconsin Department of Transportation and/or Milwaukee County for streets under their respective jurisdictions.
The height of each aerial crossing shall be shown on plans submitted for permit and will be reviewed individually dependent upon existing conditions. In no case, however, will the height be less than 15 feet above adjacent grades. Upon completion of the installation, the grantee shall submit three sets of “As-Built” drawings to the City Engineer, which show in detail the depth to the top of the installation and referenced to the center of the existing track and further referenced to the nearest edge of the railroad right of way within the underground section and referenced to the nearest cross street and the minimum height above grade within the overhead section of the system.
The grantee shall bear the cost of any alterations/damages to public facilities that may occur due to the granting of this special privilege and shall hold the City, County and State and its agents harmless for all damages that may occur to Norlight’s facilities in the performance of work by or permitted by respective jurisdictions. The grantee further agrees that the overhead facilities will be relocated underground as deemed necessary by the Commissioner of Public Works in conjunction with public improvement projects or overhead wire removal programs.
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, Norlight Telecommunications, Inc., shall:
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. 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 $50,000 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 $16,957.75. 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 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 Digger’s 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 as described in this special privilege and as required in Section 182.0175(lm)(6) of the Wisconsin Statutes.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
December 2, 2005
990656