NUMB:
971695
VERS:
SUBSTITUTE
REF:
911925, 73-534
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Blackhawk Leather, Ltd. to install and maintain an aerial telephone line along and across the public right-of-way between the premises at 1000 and 1035 West Bruce Street, to now allow placement of an additional telephone line at the same location, to include permission for an existing entry at 1000 West Bruce Street encroaching into the public right-of-way and to change the name of the grantee of the special privilege to Eagle Ottawa Milwaukee, Ltd., in the 12th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege grants permission to install and maintain an aerial telephone line and to keep and maintain an existing aerial telephone line along and across the public right-of-way between the premises at 1000 and 1035 West Bruce Street grants permission for the continued use of an entry which encroaches into the public right-of-way at 1000 West Bruce Street that was adopted under Common Council File Number 73-534, and changes the name of the grantee of the special privilege to Eagle Ottawa Milwaukee, Ltd.
BODY:
Whereas, Blackhawk Leather, Ltd. was granted a special privilege under File Number 911925 to install and maintain an aerial telephone line along and across the public right-of-way between their premises at 1000 and 1035 West Bruce Street; and
Whereas, Blackhawk Tanning Co., Inc. was granted a special privilege under File Number 73-534 to reconstruct and maintain an enclosed entry encroaching into the public right-of-way at the entrance to the building at 1000 West Bruce Street; and
Whereas, Eagle Ottawa Milwaukee, Ltd. now is the owner of these facilities and wishes to place an additional aerial telephone line along and across the public right-of-way adjacent to the existing telephone line between the premises at 1000 and 1035 West Bruce Street; and
Whereas, Permission for the aforementioned encroachments in the public right-of-way and reflection of the change of ownership of the property from Blackhawk Leather, Ltd. to Eagle Ottawa Milwaukee, Ltd. is given under this special privilege resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Numbers 911925 and 73-534 are hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Eagle Ottawa Milwaukee, Ltd., 1000 West Bruce Street, P.O. Box 04516, Milwaukee, WI 53204-0516, is hereby granted the following special privileges:
1. To place and/or maintain two aerial telephone lines within West Bruce Street as herein described: beginning at a point in the northline of West Bruce Street, approximately 360 feet east of the eastline of South 11th Street, and extending approximately 14 feet south to an existing WEPCO pole; then extending east approximately 230 feet along the north side of West Bruce Street to an existing WEPCO pole; then crossing directly over and across West Bruce Street at a point approximately 75 feet east of the eastline of South 11th Street. The lines then continue south onto private property. Said aerial telephone lines will be approximately 20 feet above grade.
2. To maintain an enclosed entry to the main entrance to the building at 1000 West Bruce Street encroaching into the right-of-way between the property line and the sidewalk at the north side of West Bruce Street. Said approximately 10-foot high entry is located at the centerline of South 10th Street, extended, is approximately 10.2 feet long and encroaches approximately 5.7 feet into the right-of-way.
Said entry shall be kept and maintained to the approval of the Commissioners of Public Works and Building Inspection and all permits shall be procured from the Commissioners of Public Works and Building Inspection. No alteration or replacement of any item may be made without the written approval of the Commissioners of Public Works and 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, Eagle Ottawa Milwaukee, Ltd., 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, 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 $349.59. 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 1, 1998
971695