NUMB:
000456
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
Resolution authorizing the Commissioner of Public Works to grant permission to Milwaukee County allowing them to construct and maintain an off-road bicycle trail either wholly or partially in the public right-of-way of West Good Hope Road between North 115th Street and North 124th Street. (Infrastructure Services Division)
ANLS:
___________________________________________________________
- Analysis -
Resolution authorizing the Commissioner of Public Works to grant permission to Milwaukee County allowing them to construct and maintain an off-road bicycle trail either wholly or partially in the public right-of-way of West Good Hope Road between North 115th Street and North 124th Street. ___________________________________________________________
BODY:
Whereas, Milwaukee County Department of Parks, Recreation and Culture proposes to expand their bicycle route system into Milwaukee's northwest side; and
Whereas, One link in the County's proposed expansion of the bicycle route system is along West Good Hope Road between North 115th Street and North 124th Street; and
Whereas, The City of Milwaukee and the Wisconsin Department of Transportation have scheduled the improvement of West Good Hope Road between North 124th Street and North 115th Street for 2000 construction; and
Whereas, Milwaukee County has requested that the bicycle route along West Good Hope Road be on an off-road asphalt trail either wholly or partially in the public sidewalk area and that the asphalt trail be constructed as part of the West Good Hope Road paving project; and
Whereas, Construction of an asphalt bicycle trail within the public way can only be granted with the approval of the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Commissioner of Public Works is hereby authorized and directed to grant permission to Milwaukee County for the construction and maintenance of an asphalt bicycle trail either wholly or partially in the public right-of-way of West Good Hope Road between North 115th Street and North 124th Street in accordance with the following procedures and conditions:
1. The County may construct or cause to construct an off-road bicycle trail either wholly or partially in the public right-of-way of West Good Hope Road between North 115th Street and North 124th Street at no cost to the City and in accordance with the plans and specifications under State Project 2130-08-71.
2. The County accepts all responsibility for the construction, maintenance (including the removal of snow in accord with the provisions of Chapter 116-8 of the Milwaukee Code of Ordinances for any section of the bike trail designated as a mixed-use facility), repair, reconstruction or replacement and removal of the bike trail system to the satisfaction of the Commissioner of Public Works and upon removal restore the public way areas used by the bike trail system to its original condition or better at no cost to the City of Milwaukee.
3. The bike trail shall be designed and constructed in accordance with the American Association of, State Highway and Transportation Official's "Guide for the Development of Bicycle Facilities" dated 1999 and the construction standards and regulations of the City of Milwaukee.
4. The County agrees to save the City harmless from any and all claims, demands, causes of action or obligations, whatsoever, which may or shall arise in connection with the installation, operation, maintenance, removal or use by the public of the bike trail system, except those claims resulting from the negligence of officers, employees or agents of the City.
5. The City reserves the right to enter upon the area adjacent to or under the bike trail system for the purpose of repairing, maintaining, constructing or reconstructing any City facilities which are in said area or for any other reason dictated by public interest.
6. Any governmental agencies and utility companies having the right to install and maintain facilities within the public way will continue to enjoy these rights.
7. The County will construct portions of the bike trail system as needed following any repair, maintenance, construction or reconstruction of the City facilities by the City and/or others enjoying rights as indicated in Number 6 above, at no cost to the City.
8. The Commissioner of Public Works has the authority and is directed to prepare a written notification to the County to remove within 30 days any portion of the bike trail system that is found to be detrimental to the public use of the area.
9. The County agrees to make periodic inspections of all portions of the bike trail system and to take the necessary action to keep the system in a reasonable condition so as not to create a hazard or nuisance
;and, be it
Further Resolved, That the asphalt bicycle trail will be constructed as part of the paving of West Good Hope Road between North 124th Street and North 115th Street with all costs associated with its construction borne by Milwaukee County; and, be it
Further Resolved, That the City Clerk is authorized and directed, upon the adoption of this resolution, to send a certified copy of this resolution to Milwaukee County.
DFTR:
Infrastructure Services Division
JJM:cjt
June 23, 2000
BICYCLETRAIL