City of Milwaukee - File #: 080275

• File #: 080275
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 6/10/2008
• In control: PUBLIC WORKS COMMITTEE
• Final action: 7/1/2008
• Title: Substitute resolution amending a special privilege for change of ownership to MillerCoors LLC for encroachment into the public right-of-way of two signs for the premises at 4101 West Blue Mound Road, in the 10th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: SPECIAL PRIVILEGE PERMITS

Date	Ver.	Action By	Action	Result	Tally
7/1/2008	1	MAYOR	SIGNED
7/1/2008	1	COMMON COUNCIL	ADOPTED	Pass	15:0
7/1/2008	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Appearances by: Michael Loughran, Dept. of Publlic Works, Infrastructure Services Dawn Schmidt, Dept. of Publlic Works, Infrastructure Services Attorney John D. Finerty, Freibert, Finerty & St. John, S.C.	Pass	4:0
6/26/2008	1	CITY CLERK	DRAFT SUBMITTED
6/11/2008	0	PUBLIC WORKS COMMITTEE	REFERRED TO
6/10/2008	0	COMMON COUNCIL	ASSIGNED TO

Number

080275

Version

SUBSTITUTE 1

Reference

990715

Sponsor

THE CHAIR

Title

Substitute resolution amending a special privilege for change of ownership to MillerCoors LLC for encroachment into the public right-of-way of two signs for the premises at 4101 West Blue Mound Road, in the 10^th Aldermanic District.

Analysis

This resolution amends a special privilege for change of ownership to MillerCoors LLC for encroachment into the public right-of-way of two signs for the premises at 4101 West Blue Mound Road.

Body

Whereas, Miller Breweries East Inc requested permission to keep and maintain two informational signs in the public right-of-way; and

Whereas, Permission for said signs was granted in 2007 under Common Council File Number 990715; and

Whereas, For the liability for said signs to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; and

Whereas, Other items that were granted permission for the subject premises will be included in Common Council Resolution File Number 080272; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 990715 is hereby rescinded; and, be it

Further Resolved, That MillerCoors LLC, 3939 West Highland Avenue, Milwaukee, WI 53208, is hereby granted the following special privilege:

To keep and maintain two informational signs located along the south side of West Blue Mound Road approximately 150 feet west of the westline of North 40^th Street, immediately west of the Menomonee River. The first sign is a 20-foot 6-inch long directional sign mounted on steel poles to a minimum height of 15 feet 9 inches above grade. The second sign is a private stop sign mounted perpendicularly on the first sign such that it is parallel to the roadway. This private stop sign replaces a freestanding private stop sign that was removed except for the support bases.

Said above-mentioned signs shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.

Said signs 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, MillerCoors 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. 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 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 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 1^st 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: nas

June 25, 2008

080275

7/24/08 Correction from 070272 to 080272 per Patricia Proffitt. dkf