Number
050758
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Grede Foundries, Incorporated to construct and maintain a key card reader with two bollards and conduit and overhead communication lines within the public right-of-way for the premises at 1570 South 1st Street, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to construct and maintain a key card reader, conduit to the key card reader, two bollards, and overhead communication line within the public right-of-way of South Barclay Street for the premises at 1570 South 1st Street.
Body
Whereas, The applicant is petitioning to construct, keep and maintain a key card reader and conduit to the key card reader to allow employees to enter and exit a gated parking lot; and
Whereas, The applicant is also petitioning to construct two bollards to protect the key card reader from vehicular traffic entering and exiting the property and to construct a communication line to connect two of its properties; 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, Grede Foundries, Incorporated, 9898 West Blue Mound Road, Milwaukee, Wisconsin 53226 is hereby granted the following special privileges:
1. To construct, keep and maintain a key card reader centered approximately 190 feet south of the southline of East Orchard Street and 11 feet 6 inches east of the westline of South Barclay Street. Said key card reader is 10 inches long and 6 inches wide and is supported on a 2 inch square metal post such that it stands 3 feet 6 inches tall.
2. To construct, keep and maintain a conduit connected to the key card reader centered approximately 190 feet south of the southline of East Orchard Street. Said 3-inch diameter conduit runs between the westline of South Barclay Street to a point 11 feet 6 inches east of the westline of South Barclay Street.
3. To construct, keep and maintain two, 4-foot 6-inch tall, 4-inch diameter concrete filled bollards within the west 15-foot wide sidewalk area of South Barclay Street. Said bollards are centered approximately 190 feet south of the southline of East Orchard Street and 13 and 10 feet east of the westline of South Barclay Street.
4. To construct, keep and maintain an overhead communication line which crosses over South Barclay Street such that it commences at the a point approximately 168 feet south of the southline of East Orchard Street at the eastline of South Barclay Street, then runs westerly 23 feet to a utility pole centered approximately 160 feet south of the southline of East Orchard Street, then runs southwesterly 95 feet across and to the westline of South Barclay Street approximately 220 feet south of East Orchard Street. Total length of this overhead line is 118 feet.
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 acceptance of this special privilege the grantee, Grede Foundries, Incorporated, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 $2,000.00 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.
Pay to the City Treasurer an annual fee, which has an initial amount of $139.57. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
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.
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 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
November 11, 2005
050758