City of Milwaukee - File #: 090414

• File #: 090414
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 7/28/2009
• In control: PUBLIC WORKS COMMITTEE
• Final action: 11/3/2009
• Title: Substitute resolution granting a special privilege to America’s Auto Shop LLC to install and maintain three groundwater monitoring wells for the premises at 1058 West Windlake Avenue, in the 12th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: SPECIAL PRIVILEGE PERMITS

Date	Ver.	Action By	Action	Result	Tally
11/9/2009	1	MAYOR	SIGNED
11/3/2009	1	COMMON COUNCIL	ADOPTED	Pass	14:0
10/21/2009	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Individual present: Clark Wantoch, Dept. of Public Works	Pass	5:0
10/16/2009	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
10/14/2009	1	CITY CLERK	DRAFT SUBMITTED
8/5/2009	0	CITY CLERK	REFERRED TO
7/28/2009	0	COMMON COUNCIL	ASSIGNED TO

Number

090414

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

Substitute resolution granting a special privilege to America’s Auto Shop LLC to install and maintain three groundwater monitoring wells for the premises at 1058 West Windlake Avenue, in the 12^th Aldermanic District.

Analysis

This resolution grants a special privilege to America’s Auto Shop LLC to install and maintain three groundwater monitoring wells for the premises at 1058 West Windlake Avenue.

Body

Whereas, The subject premises is undergoing an environmental remediation under the jurisdiction of the Wisconsin Department of Natural Resources; and

Whereas, As part of the remediation, the applicant is requesting permission to install and maintain monitoring wells in the public right-of-way; and

Whereas, Said monitoring wells 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 America’s Auto Shop LLC, 1058 West Windlake Avenue, Milwaukee, WI 53204 is hereby granted the following special privileges:

1. To install and maintain two monitoring wells in the southerly traffic lane of West Windlake Avenue. Said monitoring wells are centered approximately 21 and 135 feet easterly of the eastline of South 11^th Street and 14 feet northerly of the southerly line of West Windlake Avenue.

2. To install and maintain one monitoring well in the west traffic lane of South 11^th Street. Said monitoring well is centered approximately 13 feet east of the westline of South 11^th Street and 81 feet north of the northerly line of West Windlake Avenue.

Said monitoring wells shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.

Said monitoring wells 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, America’s Auto Shop LLC, shall:

1.  Become primarily liable for damages to persons or property by reason of the granting of this special privilege.

2.  File with the City Clerk 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 own 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 they shall not be cancelled until after at least thirty days’ notice in writing to the City Clerk.

3.  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.

4.  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.

5.  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 1^st of each year.

6.  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: ns

October 2, 2009

090414