NUMB:
990003
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Delta-Ha, Inc. to install and maintain an informational/directional sign located within the public right-of-way adjacent to the property at 6263 North Teutonia Avenue, in the 9th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege allows installation and maintenance of an informational/directional sign to be located on the west side of North Teutonia Avenue adjacent to 6263 North Teutonia Avenue.
BODY:
Whereas, Delta-Ha, Inc. has proposed to install an informational/directional sign at the west side of North Teutonia Avenue, adjacent to their facility at 6263 North Teutonia Avenue, in order to indicate the location of the entrance to their facility; and
Whereas, The sign will be located such that its placement will not impede the visibility of motorists using North Teutonia Avenue or West Douglas Avenue; and
Whereas, Said privately owned informational/ directional sign may only be permitted in the public way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Delta-Ha, Inc., 6263 North Teutonia Avenue, Milwaukee, WI 53209, is hereby granted the following special privilege:
To install and maintain an informational/ directional sign 40 inches high X 120 inches long, located approximately 18 feet west of the west curbline of North Teutonia Avenue and approximately 103 feet north of the north curbline of West Douglas Avenue. Said two-sided sign shall face north/south and the sign bottom shall be no less than 8 feet above the underlying grade.
Said sign shall be supported by two metal poles bolted to sunken concrete caissons. Said sign shall be erected to the approval of the Departments of Public Works and Neighborhood Services and all necessary permits shall be procured from the Departments of Neighborhood Services and Public Works. No alteration or replacement of the sign may be made without the written 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, Delta-Ha, 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 $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 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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
April 22, 1999
990003