Number
020380
Version
SUBSTITUTE
Reference
980020
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege that was previously granted to United Professional Corporation to keep and maintain two loading dock systems in the public right-of-way adjacent to the property located at 3716-32 West Wisconsin Avenue, to now change the name of the grantee of the special privilege to Wisconsin Correctional Foundation Inc., in the new 15th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege that was granted to United Professional Corporation to keep and maintain a loading dock in the public right-of-way on the south side of the dead-end east-west public alley bounded by West Wells Street, West Wisconsin Avenue and North 37th Street, adjacent to the premises known as 3716-32 West Wisconsin Avenue, to now change the name of the grantee of the special privilege to Wisconsin Correctional Foundation Inc. and adds a second system previously not included.
Body
Whereas, United Professional Corporation was granted a special privilege under Common Council Resolution File Number 980020, on July 24, 1998, to keep and maintain a loading dock encroaching into the public right-of-way on the south side of the dead-end east-west public alley bounded by West Wells Street, West Wisconsin Avenue and North 37th Street, adjacent to the premises at 3716-32 West Wisconsin Avenue; and
Whereas, The item is not a loading dock, per se, but is a bumper system consisting of vertical bumper pipes and concrete bumpers and a horizontal member for the trucks to abut; and
Whereas, The current owner of the property is Wisconsin Correctional Foundation Inc. and should now be named as the grantee of the special privilege; and
Whereas, Our recent field viewing indicates that there are two existing docks that have encroaching bumper systems appearing to be the same age and in order for the second one to remain, it also needs to be included in a resolution; and
Whereas, The loading dock items may only occupy the public right-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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 980020 is hereby rescinded; and, be it
Further Resolved, That Wisconsin Correctional Foundation Inc., 3716-32 West Wisconsin Avenue, Milwaukee, WI, 53203, is hereby granted the following special privilege:
To keep and maintain two truck loading dock systems approximately 11 feet wide, which project approximately 1 foot into the dead-end east-west public alley bounded by West Wells Street, West Wisconsin Avenue and North 37th Street. The docks are located on the south side of the alley approximately 240 and 310 feet west of the westline of North 37th Street and serve the property at 3716-32 West Wisconsin Avenue. The facility consists of concrete and wood bumpers and concrete filled steel posts.
Said loading docks shall be used and maintained to the satisfaction of the Commissioners of Public Works and the Department of Neighborhood Services.
Said loading docks shall be removed from the public right-of-way, at such future time that they are no longer needed, to the satisfaction of the Commissioners of Public Works and the 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, Wisconsin Correctional Foundation 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 $2,000.00 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 $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 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 66.0425 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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
March 17, 2004
02038
Clerical error corrected 4/13/04. mbh