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File #: 151462    Version:
Type: Resolution Status: Passed
File created: 1/19/2016 In control: COMMON COUNCIL
On agenda: Final action: 5/27/2020
Effective date:    
Title: Substitute resolution granting a special privilege to US Venture Incorporated to construct and maintain three underground fuel pipes and two electrical conduits crossing under South Lincoln Memorial Drive for the premises at 1626 South Harbor Drive, in the 14th Aldermanic District.
Sponsors: THE CHAIR
Indexes: SPECIAL PRIVILEGE PERMITS
Attachments: 1. Application Package.pdf, 2. CCF 151462 Map.pdf
Number
151462
Version
SUBSTITUTE 1
Reference
Sponsor
Title
Substitute resolution granting a special privilege to US Venture Incorporated to construct and maintain three underground fuel pipes and two electrical conduits crossing under South Lincoln Memorial Drive for the premises at 1626 South Harbor Drive, in the 14th Aldermanic District.
Analysis
This resolution grants a special privilege to US Venture Incorporated to construct and maintain three, 10-inch diameter fuel pipes in 14-inch diameter casings and two, 2-inch diameter electrical conduits crossing under South Lincoln Memorial Drive between the refined products storage terminal and the liquid cargo pier for the premises at 1626 South Harbor Drive, located in the Port of Milwaukee.
Body
Whereas, US Venture Incorporated, the applicant and tenant of the Port of Milwaukee, requested permission to construct and maintain three fuel pipes and two electrical conduits under South Lincoln Memorial Drive between the refined products storage terminal and the liquid cargo pier at the Port of Milwaukee; and

Whereas, Said pipes and conduits may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee that US Venture Incorporated, W7158 Johns Road, Niagara, WI 54151 is hereby granted the following special privileges:

1. To construct and maintain three, 10-inch diameter fuel pipes in 14-inch casings crossing under 100-foot wide right-of-way of South Lincoln Memorial Drive. Said pipes cross South Lincoln Memorial Drive at a point approximately 235 feet south of the north line of Port of Milwaukee Slip #3.

2. To construct and maintain two, 2-inch diameter electrical conduits crossing under the 100-foot wide right-of-way of South Lincoln Memorial Drive. Said conduits cross South Lincoln Memorial Drive at a point approximately 235 feet south of the north line of Port of Milwaukee Slip #3.

Said above-mentioned underground fuel pipes and electrical conduits shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.

Said underground fuel pipes and electrical conduits shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.

; and, be it

Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, US Venture Incorporated, shall:

Become primarily liable for damages to persons or property by reason of the granting of this special privilege.

File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days’ notice in writing to the Commissioner of Public Works.

Pay to the City Treasurer an annual fee, which has an initial amount of $800.00. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.

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 and 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 or removal for such purposes.

Waive the right to contest in any manner the validity of Section 66.0425 of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.

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.

Join and continue to be a member of Digger’s Hotline, the one call system that operates in the Milwaukee area, as long as there are private underground facilities in the public right-of-way as required in Section 182.0175(lm)(6) of the Wisconsin Statutes.
Requestor
Department of Public Works
Drafter
Administration Division
JERREL KRUSCHKE/DAWN SCHMIDT
April 21, 2020
151462