Number
060547
Version
SUBSTITUTE
Reference
031054
031694
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to 728 N Lovell, LLC for monitoring wells and rescinding a special privilege for a moveable loading dock for the premises at 728 North James Lovell Street, in the 4th Aldermanic District.
Analysis
This resolution grants an amended special privilege to 728 N Lovell, LLC for change of ownership for monitoring wells and rescinds a special privilege for a moveable loading dock, which has been removed from the public right-of-way, for the premises at 728 North James Lovell Street.
Body
Whereas, Metropolitan-Lovell Street LLC requested a special privilege to install and maintain eight monitoring wells for the premises at 728 North James Lovell Street; and
Whereas, Permission was granted in 2005 by adoption of Common Council Resolution File Number 031694; and
Whereas, Metropolitan-Lovell Street LLC requested a special privilege for change of ownership for a moveable loading dock for the subject premises; and
Whereas, Permission was granted in 2004 by adoption of Common Council Resolution File Number 031054; and
Whereas, The moveable loading dock has been removed from the public right-of-way; and
Whereas, 728 N Lovell, LLC now owns the property; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council File Numbers 031054 and 031694 are hereby rescinded; and, be it
Further Resolved, That 728 N Lovell, LLC, W233 N2847 Roundy Circle West, Pewaukee, WI 53072 is hereby granted the following special privileges:
1. To keep, use and maintain two, 8.5-inch diameter monitoring wells centered approximately 145 and 150 feet east of the eastline of North James Lovell Street and 5 feet north of the southline of the 15-foot wide, east-west alley bounded by North James Lovell Street, West Wells Street, West Wisconsin Avenue and North 6th Street that is north of 728 North James Lovell Street. Both monitoring well covers are flush with the surrounding pavement.
2. To keep, use and maintain two, 8.5-inch diameter monitoring wells centered approximately 175 and 178 feet south of the southline of West Wells Street and 5 feet west of the eastline of North James Lovell Street, in the 10-foot wide, east sidewalk area of North James Lovell Street. Both monitoring well covers are flush with the surrounding sidewalk.
3. To keep, use and maintain four, 8.5-inch diameter monitoring wells centered approximately 15, 20, 61 and 114 feet east of the eastline of North James Lovell Street and 8, 8, 5 and 2 feet north of the southline of the 15-foot wide, east-west alley bounded by North James Lovell Street, West Wells Street, West Wisconsin Avenue and North 6th Street that is south of 728 North James Lovell Street. All monitoring well covers are flush with the surrounding pavement.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said items 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, 728 N Lovell, LLC, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 $10,000 such bond to be approved by the City Attorney. This 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 $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 covering property damage to any own 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 cancelled until after at least thirty days’ notice in writing to the City Clerk.
Pay to the City Treasurer an annual fee, which has an initial amount of $35.00. 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 no 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 and/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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
September 21, 2006
060547