Number
980976
Version
SUBSTITUTE 2
Reference
891932
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to Miller Compressing Company to keep, use and/or maintain two overhead cables, an area for parking and storage and a chain link fence and to construct and maintain a private sanitary sewer all of which encroach into the public rights-of-way adjacent to the property at 1640 West Bruce Street, beneath or near the 16th Street Viaduct, to now delete reference to the private sanitary sewer and the chain link fence within South Muskego Avenue and now also add permission for an existing beam-guard type fence and electric service line both located within the right-of-way of South Muskego Avenue, all in the 8th and 12th Aldermanic Districts in the City of Milwaukee.
Analysis
This resolution amends a special privilege granted to Miller Compressing Company to keep, use and/or maintain two overhead cables, an area for parking and storage and a chain link fence and to construct and maintain a private sanitary sewer all of which encroach into the public rights-of-way adjacent to the property at 1640 West Bruce Street, beneath or near the 16th Street Viaduct, to now delete reference to the private sanitary sewer, as it has not been and will not be constructed in the public right-of-way, delete reference to the chain link fence within South Muskego Avenue, and to add permission for an existing beam-guard type fence and electric service line both located within the right-of-way of South Muskego Avenue.
Body
Whereas, Miller Compressing Company was granted a special privilege under Common Council Resolution File Number 891932, on March 20, 1990, to keep, use and/or maintain two overhead cables, an area for parking and storage and a chain link fence and to construct and maintain a private sanitary sewer, all of which encroach into the public rights-of-way adjacent to the property at 1640 West Bruce Street, beneath or near the 16th Street Viaduct; and
Whereas, Miller Compressing Company now wishes to have the reference to the private sanitary sewer deleted, as it has not been and will not be constructed in the public right-of-way; and
Whereas, The chain link fence that was located within South Muskego Avenue has been removed from the right-of-way and therefore reference to it should also be deleted from the resolution; and
Whereas, A recent on-site viewing revealed that there is an existing beam-guard type fence located within the right-of-way of South Muskego Avenue and there has not been any previous permission granted for it to be located in the public right-of-way; and
Whereas, In the vicinity of said beam-guard fence, there is an electric service line with vehicular cold weather plug-ins that are also located within the public right-of-way of South Muskego Avenue; and
Whereas, The overhead cables, parking and storage area, chain link fence, beam-guard type fence and electric lines may only occupy the public rights-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 891932 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Miller Compressing Company of 1640 West Bruce Street, P.O. Box 369, Milwaukee, WI 53201, is hereby granted the following special privileges:
1. To keep and maintain two overhead cables in the public rights-of-way attached perpendicularly to the underside of the 16th Street Viaduct (bridge), that also continues easterly over and across South Muskego Avenue. The cables are attached to the bridge at locations approximately 287 and 589 feet north of the northline of West Bruce Street, then extend east across private property and then over and across South Muskego Avenue at locations approximately 300 and 613 feet north of the northline of West Bruce Street, respectively. The cables crossing South Muskego Avenue are attached to existing Wisconsin Electric Power Company (WEPCO) poles providing a vertical clearance of at least 18 feet between the cable and the roadway pavement below.
2. To use and maintain the area located immediately below the bridge from the northline of West Bruce Street to a point approximately 590 feet north for the entire 70-foot width of the bridge for parking and storage. Engines or machinery using steam, gas or explosive mixtures or storage receptacles containing volatile, flammable liquid shall not be permitted to occupy said area below the bridge. No permanent structures shall be placed within this area. The bridge shall be accessible for maintenance at all times.
3. To keep and maintain a 7-foot high chain link fence, which encroaches approximately 4 feet into the 15-foot wide sidewalk area on the north side of West Bruce Street. The fence commences at a point on the north side of West Bruce Street approximately 60 feet west of the westline of the bridge and extends east to the stairway leading up to the bridge deck.
4. To keep and maintain a 40-inch high beam-guard type fence located within the 13-foot wide west sidewalk area of South Muskego Avenue. Said fence encroaches approximately 2 feet and begins approximately 57 feet north of the northline of West Bruce Street and extends north approximately 305 feet, with one 25-foot wide driveway opening.
5. To keep, maintain and use an electric line for vehicular attachment parallel to and/or attached to the fence of item 4 above. The length appears to be approximately 200 feet.
Said items shall be used and maintained to the satisfaction of the Commissioners of Public Works and Neighborhood Services. All required permits shall be obtained. Said items shall be removed from the public rights-of-way at such future time that they are no longer needed, to the satisfaction 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 Miller Compressing Company 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 $5,000.00 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 $1,387.25 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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
February 5, 2001
980976