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Title:
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Substitute resolution granting a special privilege to SD Properties Incorporated to construct and maintain an underground communications conduit for the premises at 1730 West North Avenue and 1810 West North Avenue, in the 15th Aldermanic District.
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Indexes:
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SPECIAL PRIVILEGE PERMITS
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Number
151730
Version
SUBSTITUTE 1
Reference
Sponsor
Title
Substitute resolution granting a special privilege to SD Properties Incorporated to construct and maintain an underground communications conduit for the premises at 1730 West North Avenue and 1810 West North Avenue, in the 15th Aldermanic District.
Analysis
This resolution grants a special privilege to SD Properties Incorporated to construct and maintain an underground communications conduit crossing North 18th Street to connect the premises at 1730 West North Avenue and 1810 West North Avenue.
Body
Whereas, SD Properties Incorporated, the applicant, requested permission to construct and maintain an underground communications conduit to connect its two properties; and
Whereas, Said underground communications conduit 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 SD Properties Incorporated, 1730 West North Avenue, Milwaukee, WI 53205 is hereby granted the following special privilege:
To construct and maintain a 2-inch diameter underground communications conduit connecting the premises at 1730 West North Avenue and at 1810 West North Avenue. Said conduit crosses the 60-foot North 18th Street at a point approximately 52 feet north of the north line of West North Avenue.
Said underground communications conduit 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, SD Properties 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 $60.00. 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
KAREN DETTMER/DAWN SCHMIDT
January 18, 2019
151730