NUMB:
990497
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Megamarts Inc. to install and maintain closed circuit television cameras underground cable and aerial cable at 1818 West National Avenue, in the 12th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution grants a special privilege to Megamarts Inc. permitting the installation and maintenance of a closed circuit television camera on the City-owned light pole at the northeast corner of South 20th Street and West National Avenue with underground cable within the north sidewalk area of West National Avenue, and to install and maintain a closed circuit television camera on the City-owned light pole at the southeast corner of South 20th Street and West Pierce Street with aerial cable along the south sidewalk area of West Pierce Street, with both cables extending east into the premises at 1818 West National Avenue.
BODY:
Whereas, Megamarts Inc. desires to install and maintain two closed circuit television cameras, one to be installed on each of two City-owned light poles located within public right-of-way; and
Whereas, The camera mounted on the light pole at the northeast corner of South 20th Street and West National Avenue will be connected to the building at 1818 West National Avenue through underground cabling on the north side of West National Avenue, a portion of which will be installed in the public right-of-way; and
Whereas, The camera mounted on the light pole at the southeast corner of South 20th Street and West Pierce Street will be connected to the building at 1818 West National Avenue through aerial cable attached to WEPCO utility poles on the south side of West Pierce Street; and
Whereas, Said cameras and 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 Megamarts Inc., 150 West Holt Avenue, Milwaukee, WI 53207 is hereby granted the following special privileges:
1. To install and maintain a closed circuit television camera (CCTV) on the City-owned street light pole located on the northeast corner of South 20th Street and West National Avenue. The camera will be operated by means of an underground cable, which will extend easterly in the public right-of-way approximately 15 feet from the street light pole to the eastline of South 20th Street, and will further extend easterly onto private property to the premises at 1818 West National Avenue.
2. To install and maintain a CCTV camera on the City-owned street light pole located on the southeast corner of South 20th Street and West Pierce Street. The CCTV camera will be operated by means of an aerial cable installed within West Pierce Street as herein described: beginning on the City-owned street light pole at the southeast corner of South 20th Street and West Pierce Street and extending east approximately 517 feet, attached to several WEPCO utility poles, and extending approximately 20 feet south into the building located at 1818 West National Avenue.
The CCTV cameras, and underground and aerial communication cabling, 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/Neighborhood Services 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, Megamarts 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 $1,000.00 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 $558.87. 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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
August 20, 1999
990497