HomeMy WebLinkAbout00-186.docMAY 9, 2000 00-186 RESOLUTION
(CARRIED LOST LAID OVER
WITH DRAWN
PURPOSE: GRANT PRIVILEGE IN STREET/VARIOUS LOCATIONS
INITIATED BY: MC LEOD USA, PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, McLeod USA has requested the Common Council to grant them the
privilege of installing fiber optic communication network within the public right-of-way at
various locations throughout the City, as noted on the maps on file at the City Clerk's
Office; and
WHEREAS, Section 66.045, Wis. Stats., provides for the granting of a privilege in
a right-of-way; and
WHEREAS, the Plan Commission has approved of this request with conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to grant
McLeod USA the privilege of installing fiber optic communication network within the
right-of-way at various locations throughout the City, as noted on the maps on file at the
City Clerk's Office, contingent upon the following:
1)
2)
3)
4)
The fiber optic network be installed in a manner that is approved by the Dept. of
Public Works.
If no longer needed, the fiber optic network be properly abandoned and removed
in accordance with City standards and under the direction of the Dept. of Public
Works.
Any problem which may arise as a result of the placement of the fiber optic
network be the responsibility of the petitioner to correct in coordination with the
Dept. of Public Works.
All appropriate permits be obtained prior to the start of construction/placement of
the fiber optic network.
MAY 9, 2000
00-186 RESOLUTION
CONT'D
5)
6)
7)
8)
9)
The fiber optic network be relocated to another location within the City at the
petitioner's cost upon the request of the City.
The petitioner secures and submits to the City Clerk a separate insurance policy
which names the City as an additional insured with a minimum coverage of
$200,000 per person and $500,000 in general aggregate.
It is the responsibility of the petitioner to file in a timely manner a new insurance
certificate with the City Clerk upon expiration of an existing certificate. Failure to
do so will result in the revocation of the privilege in street upon 10 days notice.
The petitioner execute a hold harmless agreement with the City.
Wherever the petitioner places duct work underground, there will be three ducts:
two ducts will be for the exclusive use of the petitioner, which the petitioner may
not lease to any other party without the consent of the City, which shall not be
unreasonably withheld, and one duct will be given to the City for exclusive City
use.