Number
000745
Version
SUBSTITUTE
Reference
970100
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to Emjay Investment Company to keep and maintain a groundwater monitoring well in the public right-of-way near 5072 South 27th Street, to now change the name of the grantee of the special privilege to Emjay Investments, LLC, in the 13th Aldermanic District in the City of Milwaukee.
Analysis
This resolution changes the name of the grantee of a special privilege granted to Emjay Investment Company to keep and maintain one flush-mounted groundwater monitoring well in the public right-of-way in the vicinity of 5072 South 27th Street.
Body
Whereas,Emjay Investment Company was granted a special privilege under Common Council Resolution File Number 970100, adopted on June 3, 1997, to keep and maintain one groundwater monitoring well in the public right-of-way of South 27th Street; and
Whereas, The current owner of the property is Emjay Investments, LLC and should now be named as grantee of the special privilege; and
Whereas, The monitoring well may only legally remain in the public right-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 970100 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Emjay Investments, LLC, Two Plaza East, Suite 1150, 330 East Kilbourn Avenue, Milwaukee, WI 53202, is hereby granted the following special privilege:
To keep and maintain one flush-mounted monitoring well in the vicinity of 5072 South 27th Street located as follows: in the median of South 27th Street centered approximately 105 feet north of the northline of West Edgerton Avenue and 65 feet west of the eastline of South 27th Street.
The monitoring well shall be maintained and used/removed to the satisfaction of the Commissioners of Public Works and Neighborhood Services in accordance with the City of Milwaukee Building Codes and Zoning Ordinances. All necessary permits shall be obtained from the Commissioners of Public Works and City Development
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Emjay Investment, 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 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 one owner on the area or areas included within the special privilege and naming the City of Milwaukee and the State of Wisconsin 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 66.0915(3) 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.
7. Hold the City of Milwaukee harmless from all claims regarding the remediation process, which includes the public right-of-way of South 27th Street, and shall be undertaken at no cost to the City of Milwaukee.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
January 18, 2001
000745