Number
111742
Version
SUBSTITUTE 1
Reference
72-258
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Forest County Potawotomi Community and for addition of a duct package in the public right-of-way for the premises at 3215 West State Street, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Forest County Potawotomi Community and for addition of a duct package containing four underground conduits crossing West State Street between 3215 West State Street and 3234 West State Street.
Body
Whereas, Concordia College requested permission to construct and maintain a fence in the public right-of-way to enclose its athletic field; and
Whereas, Permission for said fence to occupy the public right-of-way was granted in 1972 under Common Council Resolution File Number 72-258; and
Whereas, Forest County Potawotomi Community now owns the property and is requesting permission to construct and maintain a duct package crossing under West State Street; and
Whereas, Said duct package may only legally encroach into the public right-of-way by 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Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Numbers 72-258 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Forest County Potawotomi Community, c/o Greenfire Management Services LLC, Attn: Brian Kraus, 320 East Buffalo Street, Suite 607, Milwaukee, WI 53202 is hereby granted the following special privileges:
1. To construct and maintain a duct package containing four, 4-inch diameter conduits crossing under West State Street. Said duct package commences at the southline of West State Street at a point approximately 224 feet east of the eastline of North 33rd Street and extends 70.58 feet to the northwest to the northline of West State Street at a point approximately 215 feet east of the eastline of North 33rd Street. Said duct package is a minimum of 36 inches below grade.
2. To keep and maintain a fence projecting into the sidewalk areas of North 33rd Street and North 32nd Street. Said fence projects 3 feet 2 inches into the east, 15-foot wide sidewalk area of North 33rd Street commencing at a point approximatley 21 feet south of the northline of West Kilbourn Avenue extended and extending south 323 feet. Said fence projects 4 feet 2 inches into the west, 15-foot wide sidewalk area of North 32nd Street commencing at a point approximately 175 feet north of the northline of West Wells Street and extending north 121 feet. Said fence crosses North 32nd Street at a point approximately 3 feet south of the north end of North 32nd Street extending 56 feet between the aforemnetioned north-south portion of fence and the east street line.
Said 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, Forest County Potawotomi Community, shall:
- Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
- File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days' notice in writing to the Commissioner of Public Works.
- Pay to the City Treasurer an annual fee, which has an initial amount of $171.00. 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 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 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.
- 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:clm
September 12, 2012
111742