NUMB:
971916
VERS:
SUBSTITUTE
REF:
79-694
XXBY:
THE CHAIR
TITL:
Substitute resolution to amend a special privilege granted to Mount Sinai Medical Center to install and maintain an underground conduit package containing high pressure steam, condensate return and electrical lines within the public rights-of-way of West Kilbourn Avenue, to now grant permission for a high pressure steam main in the sidewalk areas of West Kilbourn Avenue and North 12th Street connecting to the existing conduit package, and to change the name of the grantee of the special privilege to Sinai Samaritan Medical Center, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to Mount Sinai Medical Center to install and maintain an underground conduit package containing high pressure steam, condensate return and electrical lines within the public right-of-way of West Kilbourn Avenue, to now grant permission for a high pressure steam main in the sidewalk areas of West Kilbourn Avenue and North 12th Street connecting to the existing conduit package, and to change the name of the grantee of the special privilege to Sinai Samaritan Medical Center.
BODY:
Whereas, Mount Sinai Medical Center was granted a special privilege under Common Council Resolution File Number 79-694, on October 2, 1979, to install and maintain an underground 3-conduit package located east of North 12th Street beneath the public right-of-way of West Kilbourn Avenue, in order to connect a main boiler house and a research building; and
Whereas, The current owner of the property is Sinai Samaritan Medial Center, which desires to install and maintain a 4-inch high pressure steam conduit in the public rights-of-way beneath the north sidewalk area of West Kilbourn Avenue and the east sidewalk area of North 12th Street connecting to the existing conduit; and
Whereas, These lines may only be located within the public rights-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, That Common Council Resolution File Number 79-694, adopted on October 2, 1979, is hereby rescinded; and be it
Further Resolved, By the Common Council of the City of Milwaukee, that Sinai Samaritan Medical Center, 945 North 12th Street, Milwaukee, WI 53233, is hereby granted the following special privileges:
1. To use and maintain under and across West Kilbourn Avenue, between North 11th Street and North 12th Street, an existing three conduit package containing high pressure steam, condensate return and electrical lines serving as a connection between a main boiler house and a research building.
Said conduit package is placed perpendicularly between the northline and southline of West Kilbourn Avenue. Said package is encased in a concrete sheath whose dimensions are 18 inches in depth, 70 feet in length and 8 feet in width and whose centerline is located at a distance of approximately 145 feet east of the eastline of North 12th Street. The bottom of said concrete sheath is at an elevation at least 4.0 feet below grade and is no closer than 1.5 feet to the top of the existing 6-inch water main.
2. To install and maintain a 4-inch diameter underground high pressure steam main within the sidewalk areas on the east side of North 12th Street and the north side of West Kilbourn Avenue described as follows: beginning at an existing tunnel connection located approximately 44 feet north of the northline of West Kilbourn Avenue and extending south to West Kilbourn Avenue, then extending approximately 145 feet east to a new pit where it connects to the existing conduit. The conduit is a minimum of 6 feet below grade.
The conduit shall be constructed and maintained to the satisfaction of the Commissioners of Public Works and Building Inspection. Three copies of as-built plans shall be submitted to the City Engineer upon completion of construction. 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, Sinai Samaritan Medical Center, 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 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 $463.42. 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
June 17, 1998
971916