Number
060632
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to the Spirit of Milwaukee, Inc. to construct and maintain a gateway sign in the median near 5300 South Howell Avenue, in the 13th Aldermanic District.
Analysis
Substitute resolution granting a special privilege to Spirit of Milwaukee, Inc. for a gateway sign in the median of South Howell Avenue, south of West Grange Avenue.
Body
Whereas, Spirit of Milwaukee, Inc., in cooperation with the Department of Public Works, is proposing to install gateway signage at several prominent locations within medians of various streets in order to present a more attractive and welcoming image to people entering the City of Milwaukee; and
Whereas, Each of the signs will have a corporate sponsor, that will pay the cost of fabricating and maintaining its sign and maintaining the median on which the sign will be located; and
Whereas, Said gateway signage may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; and
Whereas, This special privilege resolution only grants permission to the sign to be located in the median of South Howell Avenue south of West Grange Avenue and permission from the Common Council for any future signs will be required; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Spirit of Milwaukee, Inc., c/o Hunter Group, Inc., 4532 North Oakland Avenue, Milwaukee, WI 53211 is hereby granted the following special privilege:
To construct and maintain a 12-foot tall gateway sign in the median of South Howell Avenue, south of West Grange Avenue. Said sign will be centered in the 120-foot wide right-of-way of South Howell Avenue approximately 110 feet south of the centerline of West Grange Avenue. The triangular sign will have sides that are each, at most, 7 feet 7 inches wide.
Said above-mentioned gateway signage shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said gateway signage 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, Spirit of Milwaukee, Inc., 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 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 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 20, 2006
060632