Number
041147
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Granville Woods Joint Venture LLC to keep and maintain bollards on each side of two driveways in the public right-of-way for the premises at 8170 North Granville Woods Road, in the 9th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to keep and maintain four bollards, one on each side of two driveways, in the public right-of-way adjacent to the property at 8170 North Granville Woods Road.
Body
Whereas, The applicant, Carlin Sales Corporation, the tenant of the building at 8170 North Granville Woods Road, which is owned by Granville Woods Joint Venture, LLC has petitioned to construct and keep four concrete filled bollards in order to prevent rutting in the grass area adjacent to its two driveways by delivery trucks; and
Whereas, Our field viewing revealed that they are already in place; and
Whereas, Said bollards may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; and
Whereas, Permission can only be granted to the property owner; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Granville Woods Joint Venture LLC, 8170 North Granville Woods Road, Milwaukee, Wisconsin 53223 is hereby granted the following special privilege:
To keep, use and maintain four, 4-foot tall, 6-inch diameter concrete filled bollards within the east 16-foot wide sidewalk area of North Granville Woods Road. Said bollards are centered approximately 8 feet west of the eastline of North Granville Road and 665, 700, 1262 and 1302 feet north of the northline of West Bradley Road.
Said above-mentioned bollards shall be used 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 bollards 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, Granville Woods Joint Venture 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 $1,000.00 such bond to be approved by the City Attorney. The 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 $25,000.00 covering bodily injury to any one person and $50,000.00 covering bodily injury to more than one person in any one accident and $10,000.00 covering property damage to any one 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 canceled 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 any 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
April 15, 2005
041147