Title
Resolution Allowing the Director of Public Works to Enter into a Tree Removal Agreement with American Transmission Company.
Body
WHEREAS, American Transmission Company (hereinafter "ATC") owns, operates and maintains 230,000 volt transmission lines located in the City of West Allis at the following sites (hereinafter the "Property"): between 3166 South 112th Street and 3306 South 112th Street, on the West end of the strip mall on 11112 West National Avenue, and running North from National Avenue to West Mequanigo Drive; and,
WHEREAS, said transmission lines are required to be operated in compliance with regulations issued by both the Public Service Commission of Wisconsin ("PSCW") and the U.S. Federal Energy Regulation Commission ("FERC"); that pursuant to said regulations, ATC is required to identify trees and tree parts that constitute "potential power line natural hazards", which, when identified, ATC is further required to make a reasonable effort to trim or remove the tree or otherwise minimize or remove the hazard; and,
WHEREAS, ATC has identified various trees growing at the Property in the City of West Allis that present a potential power line hazard according to Wisconsin and Federal regulations; and,
WHEREAS, ATC has been assigned the legal rights to cut down, remove and dispose of all trees and bushes at the Property in the City of West Allis as a result of a legal document that was signed by the Milwaukee Electric Railway and Light Company and the owners of the Property dating back to May of 1925; and,
WHEREAS, as a result of ATC's legal right to remove said trees, ATC and the Superintendent of Forestry and Grounds for the City of West Allis with the assistance of the City Attorney have been working together in an effort to minimize the negative affect of removing trees and bushes at the Property during the summer of 2008, as well as, the planting of new trees and vegetation that are aesthetically pleasing to the Property and that meet the criteria of both Federal and State regulations which ATC is required to follow and wish to enter into a legal Agreement regarding said negotiations and discussions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the Director of Public Works is hereby authorized to enter into the attached Tree Removal Agreement with the American Transmission Company for the removal and replanting of various trees and other vegetation in the areas described as between 3166 South 112th Street and 3306 South 112th Street, and the West end of the strip mall on 11112 West National Avenue, running North from National Avenue to West Mequanigo Drive in the City of West Allis.
BE IT FURTHER RESOLVED that the City Attorney is authorized to make such substantive changes to the Tree Removal Agreement as are needed to protect the City's best interests.
ATTR-Tree Removal Agrmnt-PW&ATC