Number
051016
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Grace Lutheran Church to construct and maintain a bollard with card reader in the public right-of-way for the premises at 250 East Juneau Avenue, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to Grace Lutheran Church to construct and maintain a bollard with card reader in the public right-of-way for the premises at 250 East Juneau Avenue.
Body
Whereas, Grace Lutheran Church is in the process of constructing a building addition, which includes an underground parking garage; and
Whereas, The applicant desires to have a bollard and key reader for the purpose of allowing automatic entrance into the aforementioned garage; and
Whereas, Said items may only legally encroach into the public right-of-way by the 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 Grace Lutheran Church, 1209 North Broadway, Milwaukee, Wisconsin 53202 is hereby granted the following special privileges:
1. To construct and maintain a 3-foot tall, 8-inch diameter bollard in the 15-foot wide, fully paved sidewalk area of North Market Street. Said bollard is to be centered approximately 7 feet west of the eastline of North Market Street and 70 feet north of the northline of East Juneau Avenue.
2. To construct and maintain a card reader on the aforementioned bollard centered approximately 7 feet west of the eastline of North Market Street and 70 feet north of the northline of East Juneau Avenue. Said card reader shall be no larger than 1-foot wide by 1-foot long by 1-foot tall.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
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 accepting this special privilege the grantee, Grace Lutheran Church, 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 $1,000.00 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 $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 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.
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 1st 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 the Department 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:cjt
December 2, 2005
051016