Number
080274
Version
SUBSTITUTE 1
Reference
010400
910805
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 electrical conduits, a trench drain, concrete curbing and bollards for the premises at 3939 West Highland Boulevard, in the 15th 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 electrical conduits, a trench drain, concrete curbing and bollards for the premises at 3939 West Highland Boulevard.
Body
Whereas, Miller Brewing Company requested permission to keep and maintain electrical conduits in the public right-of-way; and
Whereas, Permission for said electrical conduits was granted in 1991 under Common Council Resolution File Number 910805; and
Whereas, Miller Brewing Company requested permission to construct and maintain several items in the public right-of-way adjacent to 3939 West Highland Boulevard including a trench drain concrete curbing and bollards; and
Whereas, Permission for said items was granted in 2002 under Common Council Resolution File Number 010400; and
Whereas, For the liability for said items to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Numbers 910805 and 010400 are hereby rescinded; and, be it
Further Resolved, That MillerCoors LLC, 3939 West Highland Avenue, Milwaukee, WI 53208, is hereby granted the following special privileges:
1. To keep and maintain two 3-inch diameter underground electrical conduits crossing the 60-foot wide public right-of-way of North 38th Street at a depth of approximately 3 feet below grade. Said conduits are centered approximately 278 and 279 feet south of the southline of West Highland Avenue.
2. To keep and maintain a 51-foot long trench drain 17 inches in width located in the gutter section in North 38th Street centered approximately 89 feet north of the northline of vacated West Linden Place and centered approximately 12 feet 6 inches east of the westline of North 38th Street.
3. To keep and maintain two 4-foot long, 6-inch high, and 6-inch wide sections of concrete curbing in the south sidewalk area of West Highland Boulevard centered approximately 19 and 38 feet west of the eastline of vacated North 39th Street. Said curbing sections extend perpendicularly from the southline of West Highland Boulevard and extend north to the paved public sidewalk.
4. To keep and maintain two, 4-foot 7-inch tall bollards in the south sidewalk area of West Highland Boulevard. Said 8-inch diameter bollards are centered 2 feet 6 inches north of the southline of West Highland Boulevard and approximately 12 and 35 feet west of the eastline of vacated North 39th Street. It should be noted that these bollards are located south of the paved public sidewalk and do not interfere with any pedestrian movements on the paved public sidewalk.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
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, 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 $10,000.00 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 $250.79. 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 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: nas
June 25, 2008
080274