Number
990879
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Water Street Investment LLC to install and maintain 2 metal tree grates, and 13 uplights in the public rights-of-way adjacent to the property located at 789 North Water Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
Substitute resolution granting a special privilege to Water Street Investment LLC to install and maintain 2 metal tree grates and 13 uplights in the public rights-of-way adjacent to the property located at 789 North Water Street.
Body
Whereas, Water Street Investment LLC submitted a petition for special privilege to install and maintain 2 metal tree grates, 6 uplights with brackets, sidewalk pavers and 2 precast concrete planters in the public rights-of-way adjacent to the newly constructed building at 789 North Water Street in order to enhance the exterior appearance of the building; and
Whereas, That proposal was subsequently changed to be 13 uplights and 2 tree grates, but no pavers or planters; and
Whereas, In the interest of time and coordination, the City installed the cable for powering the uplights at the same time that the street lighting cables were installed, both being within the City's lighting conduit, prior to the new sidewalk pavement placement; and
Whereas Placement of these items in the public rights-of-way can only be allowed 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 Water Street Investments LLC, c/o Hammes Co. of Wisconsin Inc., 18000 West Sarah Lane, Suite 250, Brookfield, WI 53045, is hereby granted the following special privileges:
1. To install and maintain two 4-foot by 6-foot metal tree grates in the 15-foot wide fully paved sidewalk area on the west side of North Water Street. The tree grates shall be centered approximately 12 feet east of the westline of North Water Street and 94 and 146 feet south of the southline of East Wells Street. There shall be a minimum of 9.5 feet of clear sidewalk area for pedestrian use.
2. To install and maintain 13 up-lighting units on harp light poles on the west side of North Water Street and on harp light poles or street light poles on the south side of East Wells Street. Each harp street light may have a maximum of three up-lighting units attached providing vertical clearance of 12 feet from the sidewalk grade. The harp street light poles with the up-lights shall be centered approximately 32, 78 and 163 feet south of the southline of East Wells Street and 10, 50 and 89 feet west of the westline of North Water Street.
Said tree grates shall be designed and supported such that the minimum live load capacity is 250 pounds per square foot. Openings in the grates shall be positioned such that the maximum opening in the general direction of pedestrian travel is ¾ inches. The brackets and lights will be attached to the street light poles by the City at the grantee's expense. Bulb replacement as well as other necessary maintenance shall be performed by the grantee. When a pole needs to be replaced and the bracket and/or lights need to be replaced/reattached, this will be at no cost to the City. All of the above-mentioned items shall be installed and maintained in a manner satisfactory to the Departments 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, Water Street Investment LLC., 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 $250,000 covering bodily injury to any one person and $500,000 covering bodily injury to more than one person in any one accident and $100,000 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 $422.00. 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 66.0915(3) of the Wisconsin Statutes (1999), 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.
7. Join and continue to be a member of Diggers Hotline, the one-call system that operates in the Milwaukee area, as long as there is a private underground cable in the public rights-of-way serving the property at 789 North Water Street;
and, be it
Further Resolved, The Grantee shall be financially responsible for any work necessary involving the cable in the future, including but not limited, to maintenance, replacement and relocation, even though the work may be undertaken by the City or its contractor.
Drafter
Infrastructure Services Division
JJM:cjt
August 27, 2001