NUMB:
971488
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Johnson Controls, Inc. to install and maintain underground telecommunications cabling in the north sidewalk area of East Keefe Avenue in the vicinity of 900 East Keefe Avenue, in the 3rd Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution grants a special privilege to Johnson Controls, Inc. to install and maintain telecommunications cabling for a security camera in the north sidewalk area of East Keefe Avenue, in the vicinity of 900 East Keefe Avenue.
BODY:
Whereas, Johnson Controls, Inc. desires to install and maintain telecommunications cabling in the north sidewalk area of East Keefe Avenue to connect their building at 900 East Keefe Avenue with a security camera to be placed in a parking lot at 3522 North Fratney Street; and
Whereas, This conduit is to be placed in the public right-of-way without encroaching upon the property between them, which Johnson Controls, Inc. does not own; and
Whereas, Said telecommunications cabling may only be permitted to occupy the public right-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 Johnson Controls, Inc., 900 East Keefe Avenue, Milwaukee, WI 53212, is hereby granted the following special privilege:
To install and maintain two 1-inch diameter conduits under and along the north sidewalk area of East Keefe Avenue, beginning at a point on the northline of East Keefe Avenue, approximately 114 feet east of the eastline of North Fratney Street, then extending approximately 8 feet south to a point, then extending approximately 284 feet east to a point, being approximately 398 feet east of the eastline of North Fratney Street and 8 feet south of the northline of East Keefe Avenue, then extending north approximately 8 feet to the northline of East Keefe Avenue. Said conduit is to be located approximately 2 feet below grade.
The telecommunications cabling conduit shall be installed, operated and maintained to the approval of the Commissioners of Public Works and Building Inspection. The grantee shall procure the necessary permits from the Commissioners of Building Inspection and Public Works. An "as-built" plan shall be provided to the City Engineer.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Johnson Controls 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 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 $300.00. 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
February 11, 1998
971488