Number
061032
Version
SUBSTITUTE 1
Reference
941825
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to Bulk Petroleum Corporation for installation of an additional monitoring well for the premises at 1909 West Hopkins Street, in the 6th Aldermanic District.
Analysis
This resolution amends a special privilege to Bulk Petroleum Corporation for installation of a fourth monitoring well for the premises at 1909 West Hopkins Street.
Body
Whereas, Bulk Petroleum Corporation petitioned for a special privilege to install and maintain three monitoring wells in the public right-of-way; and
Whereas, Permission for said monitoring wells was granted in 1995 under Common Council Resolution File Number 941825; and
Whereas, Bulk Petroleum Corporation is now requesting permission to install an additional monitoring well in the public right-of-way; and
Whereas, Said monitoring well 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 941825 is hereby rescinded; and, be it
Further Resolved, That Bulk Petroleum Corporation, 9653 North Granville Road, Mequon, Wisconsin 53097 is hereby granted the following special privileges:
1. To construct and maintain a monitoring well in the vicinity of 1909 West Hopkins Street. Said monitoring well, to be located in North 20th Street, will be centered approximately 17 feet east of the westline of North 20th Street and 55 feet southwest of the southwestline of West Hopkins Street.
2. To keep and maintain three flush-mounted monitoring wells in the vicinity of 1909 West Hopkins Street. One well, located in West Hopkins Street, is centered approximately 53 feet northeast of the southwestline of West Hopkins Street and 117 feet southeast of the eastline of North 20th Street, extended. The second monitoring well, located in North 20th Street, is centered approximately 48 feet west of the eastline of North 20th Street and 29 feet north of the northline of West Burleigh Street. The third monitoring well, located in West Burleigh Street, is centered approximately 47 feet south of the northline of West Burleigh Street and 34 feet west of the southwestline of West Hopkins Street, extended. Said monitoring wells are 8 inches in diameter and extend to a point approximately 30 feet below grade.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
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, Bulk Petroleum Corporation, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 $2,000 such bond to be approved by the City Attorney. This 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 $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 covering property damage to any own 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 cancelled until after at least thirty days’ notice in writing to the City Clerk.
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.
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 and/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.
Hold the City of Milwaukee harmless from all claims regarding the remediation process for the property at 1909 West Hopkins Street, which includes the public rights-of-way of West Hopkins Street, West Burleigh Street and North 20th Street and shall be undertaken at no cost to the City of Milwaukee.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
December 1, 2006
061032