NUMB:
980064
VERS:
SUBSTITUTE
REF:
831658
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to RVS Cablevision Corporation to keep and maintain aerial cable along and across the public rights-of-way at several locations in the City of Milwaukee, to now change the name of the grantee of the special privilege to Century Venture Corporation, in the 5th, 15th and 16th Aldermanic Districts in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege amends a special privilege granted to RVS Cablevision Corporation to keep and maintain aerial television cable along and across the public rights-of-way at several locations in the City of Milwaukee, to now change the name of the grantee of the special privilege to Century Venture Corporation.
BODY:
Whereas, RVS Cablevision Corporation, the cable franchisee for Wauwatosa, was granted a special privilege under Common Council Resolution File Number 831658 to keep and maintain aerial television cable along and across the public rights-of-way at several locations in the City of Milwaukee in order to provide cable television service to subscribers of the City of Wauwatosa; and
Whereas, The current owner of these facilities is Century Venture Corporation and should now be named as the grantee of the special privilege; and
Whereas, The aerial cable may only occupy the public rights-of-way through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 831658 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Century Venture Corporation, 2767 North Mayfair Road, Wauwatosa, WI 53222, is hereby granted the following special privilege:
To keep and maintain approximately 3,960 feet of television cable with a minimum vertical clearance of 18 feet over, along and/or across the public ways at locations which are generally described as follows:
a. Along the westline of North 65th Street, extending south from a point approximately 150 feet north of West Bluemound Road, being the City limits, over and across West Bluemound Road.
b. Across North 66th Street, approximately 120 feet south of the southline of West Bluemound Road.
c. Across West St. Paul Avenue east of North 68th Street.
d. Along the north side of West Mt. Vernon Avenue, from a point west of North 67th Street, where it is guy-wired to the ground, extending west and crossing North 68th, 69th and 70th Streets to where the cable is guy-wired to the ground.
e. Across North 59th Street, approximately 135 feet north of the northline of West Bluemound Road.
f. Across the south one-half of West Bluemound Road from the City limits, then extending south along the east sidewalk area of North Glenview Avenue to the center of West Hawthorne Avenue, extended, being the City limits.
g. Across North Glenview Avenue, (just south of the City limits) south of West Hawthorne Avenue.
h. Across the north one-half of West Concordia Avenue, approximately 110 feet west of North 99th Street.
i. Across North 99th Street, approximately 320 feet north of the northline of West Concordia Avenue, where it is guy-wired to the east and south of the pole.
j. Across West Townsend Street, approximately 120 feet east of North 99th Street.
k. Across West Keefe Avenue, approximately 120 feet east of North 99th Street, extending north where it is guy-wired to the ground.
l. Across West Keefe Avenue, approximately 125 feet west of North 100th Street, extending south where it is guy-wired to the ground.
m. Across the west one-half of North 103rd Street, south of West Hampton Avenue, in line with the east-west alley approximately 40 feet, where it is guy-wired to the ground.
n. Along the west side of North 100th Street, extending south from the City limits located approximately 150 feet north of West Sharon Lane, approximately 540 feet to a point where it is guy-wired to the ground and also crosses east over North 100th Street.
o. Along the east-west alley south of West Congress Street, approximately 140 feet to the City limits, where it is guy-wired to the ground.
Said television cable shall be maintained to the approval of the Commissioner of Public Works and the Commissioner of Building Inspection.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Century Venture Corporation, 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 $3,960.00. 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 66.045 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
July 13, 1998
980064