City of Milwaukee - File #: 080272

• File #: 080272
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 6/10/2008
• In control: PUBLIC WORKS COMMITTEE
• Final action: 7/1/2008
• Title: Substitute resolution amending a special privilege for change of ownership to MillerCoors LLC for encroachment into the public right-of-way of electrical conduits, heating pipes, a fence and pavement under the Wisconsin Avenue Viaduct for the premises at 4103 West State Street, in the 15th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: SPECIAL PRIVILEGE PERMITS

Date	Ver.	Action By	Action	Result	Tally
7/1/2008	1	MAYOR	SIGNED
7/1/2008	1	COMMON COUNCIL	ADOPTED	Pass	15:0
7/1/2008	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Appearances by: Michael Loughran, Dept. of Publlic Works, Infrastructure Services Dawn Schmidt, Dept. of Publlic Works, Infrastructure Services Attorney John D. Finerty, Freibert, Finerty & St. John, S.C.	Pass	4:0
6/26/2008	1	CITY CLERK	DRAFT SUBMITTED
6/11/2008	0	PUBLIC WORKS COMMITTEE	REFERRED TO
6/10/2008	0	COMMON COUNCIL	ASSIGNED TO

  Number

080272

Version

SUBSTITUTE 1

Reference

990715

59-3519

Sponsor

THE CHAIR

Title

Substitute resolution amending a special privilege for change of ownership to MillerCoors LLC for encroachment into the public right-of-way of electrical conduits, heating pipes, a fence and pavement under the Wisconsin Avenue Viaduct for the premises at 4103 West State Street, in the 15^th Aldermanic District.

Analysis

This resolution amends a special privilege for change of ownership to MillerCoors LLC for encroachment into the public right-of-way of electrical conduits, heating pipes, a fence and pavement under the Wisconsin Avenue Viaduct for the premises at 4103 West State Street.

Body

Whereas, Miller Breweries East, Inc. requested permission to keep and maintain a chain link fence and asphalt pavement under the Wisconsin Avenue Viaduct in the public right-of-way; and

Whereas, Permission for said items was granted in 2007 under Common Council File Number 990715; and

Whereas, Miller Brewing Company requested permission to construct and maintain a 14-inch diameter steel casing for steam heat and condensate; and

Whereas, Permission for said casing was granted in 1960 under Common Council Resolution File Number 59-3519; and

Whereas, For the liability for said items 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 Resolution File Numbers 990715 and 59-3519 are hereby rescinded; and, be it

Further Resolved, That MillerCoors LLC, 3939 West Highland Avenue, Milwaukee, WI 53208, is hereby granted the following special privileges:

1.                     To keep and maintain a chain link fence under the Wisconsin Avenue Viaduct. Said fence is located approximately 1-foot south of the northline of West Wisconsin Avenue and commences west of pier 9 of the Wisconsin Avenue Viaduct, located approximately 42 feet west of the westline of North 39^th Street, and extends 474 feet to the west.

2.                     To keep and maintain asphalt pavement under the Wisconsin Avenue Viaduct in the bay located between pier 7 and pier 6. Said pavement shall be used for ingress and egress from the property.

3.                     To keep and maintain a 14-inch diameter pipe casing containing steam pipe for heating and power. The casing crosses the 59-foot wide right-of-way of North 39^th Street at a point approximately 232 feet east of the intersection of the center line of North 39^th Street and the centerline of North 41^st Street extended from the north. Said piping supplies heat and power from the power plant located on the north side of North 39^th Street to the buildings south of North 39^th Street.

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, MillerCoors 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 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.

3. Pay to the City Treasurer an annual fee, which has an initial amount of $168.00. 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: nas

June 25, 2008

080272