NUMB:
991379
VER:
SUBSTITUTE
REF:
970101
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Universal Foods Corporation to install and maintain a vehicle detector loop in the public right-of-way adjacent to their property located at 6143 North 60th Street, to now change the name of the grantee of the special privilege to Molecular Biology Resources, Inc., in the 9th Aldermanic District in the City of Milwaukee.
ANLS:
___________________________________________________________
- Analysis -
This resolution amends a special privilege granted to Universal Foods Corporation, to install and maintain a vehicle detector loop in the public right-of-way on the south side of West Douglas Avenue, adjacent to the premises known as 6143 North 60th Street, to now change the name of the grantee of the special privilege to Molecular Biology Resources, Inc. ___________________________________________________________
BODY:
Whereas, Universal Foods Corporation was granted a special privilege under Common Council Resolution File Number 970101, on June 3, 1997, to install and maintain a vehicle detector loop in the public right-of-way on the south side of West Douglas Avenue adjacent to the premises at 6143 North 60th Street; and
Whereas, The current owner of the property is Molecular Biology Resources, Inc. and should now be named as the grantee of the special privilege; and
Whereas, The vehicle detector loop may only occupy the public right-of-way through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 970101 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Molecular Biology Resources, Inc., 6143 North 60th Street, Milwaukee, WI 53218, is hereby granted the following special privilege:
To keep and maintain detector loop wire in a driveway approach located in the public right-of-way of West Douglas Avenue, approximately 320 feet west of the westline of North 60th Street, adjacent to a loading dock and surface parking lot at 6143 North 60th Street. The 14-gauge detector loop wire is laid in a 1/4-inch wide cut, forming a 4-foot wide by 20-foot long loop approximately one-inch below the surface of the driveway approach pavement. A wire also extends from the loop located in the approach, onto private property via a conduit beneath the sidewalk to the control box. This system provides for automatic closing operation of a security gate at this location.
Appropriate Departments of Public Works and City Development/Neighborhood Services permits shall have been obtained prior to installation of the detector loop. Said item shall be used, kept and maintained to the approval of the Commissioners of Public Works and 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,Molecular Biology Resources, Inc. 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 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 $55.00. 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 66.045 of the Wisconsin Statutes (1979), 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.
DFTR:
Infrastructure Services Division
JJM:cjt
January 20, 2000
991379