AttachmentNumber
041559
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Commerce Center, LLC to construct and maintain three groundwater monitoring wells in the public rights-of-way of North Commerce Street and North Humboldt Avenue for the premises at 2101 North Humboldt Avenue, in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to install, use, and maintain three monitoring wells in the public rights-of-way of North Commerce Street and North Humboldt Avenue.
Body
Whereas, The Wisconsin Department of Natural Resources has deemed it necessary to conduct an environmental assessment for a site located at 2101 North Humboldt Avenue to determine contaminant migration patterns; and
Whereas, Said monitoring wells 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, Commerce Center, LLC, 8400 Lakeview Parkway, Suite 700, Pleasant Prairie, Wisconsin 53158 is hereby granted the following special privileges:
1. To keep, use and maintain two, 9-inch diameter monitoring wells centered approximately 135 and 205 feet east of the eastline of North Weil Street and 12 and 8 feet, respectively, north of the southline of North Commerce Street in the 16-foot wide south sidewalk area. Said monitoring wells are flush with the surrounding pavement.
2. To keep, use and maintain one, 9-inch diameter monitoring well centered approximately 5 feet north of the northline of North Commerce Street and 30 feet west of the centerline of the 100-foot wide North Humboldt Avenue right-of-way. The top of said monitoring well is approximately three feet above grade and it is presently painted red for visibility.
Said above-mentioned monitoring wells 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 monitoring wells 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, Commerce Center, 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 $2,500.00 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 $100,000.00 covering bodily injury to any one person and $200,000.00 covering bodily injury to more than one person in any one accident and $40,000.00 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.
7. Hold the City of Milwaukee harmless from all claims regarding the remediation process related to contamination from the property at 2101 North Humboldt Avenue.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
May 2, 2005
041559