Number
000965
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Vulcan Technologies Leasing Company to install and maintain a fence in the public right-of-way in the east-west public alley in the block bounded by South Barclay Street, East Florida Street, East Pittsburgh Avenue and South Water Street, in the 12th Aldermanic District of the City of Milwaukee.
Analysis
This resolution grants a special privilege to Vulcan Technologies Leasing Company to install and maintain a fence in the public right-of-way in the east-west public alley in the block bounded by South Barclay Street, East Florida Street, East Pittsburgh Avenue and South Water Street.
Body
Whereas, The applicant desired to install and maintain a chain link fence with barbed wire on top within the public right-of-way in order to prevent access, provide security and prevent vandalism to the rear of the property at 221 East Oregon Street; and
Whereas, Our recent field inspection found that said fence has been installed; and
Whereas, Said fence may only legally occupy the public way by the 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 Vulcan Technologies Leasing Company, 311 East Chicago Street, Milwaukee, WI 53202, is hereby granted the following special privilege:
To install and maintain a 7-foot high chain link fence with barbed wire on top encroaching into the public right-of-way of the east-west public alley in the block bounded by South Barclay Street, East Florida Street, East Pittsburgh Avenue and South Water Street, adjacent to the premises at 221 East Oregon Street. The fence commences at a point on the northline of the alley, approximately 215 feet west of South Water Street, and extends in a southwesterly fashion to a point on the westline of said alley, being approximately 5 feet north of the southline of the east-west alley.
Said fence shall be erected and/or maintained and used to the approval of the Commissioners of Public Works and Neighborhood Services. All necessary permits must be obtained from the Department of Public Works and City Development
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Vulcan Technologies Leasing 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 $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 $78.54. 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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
February 8, 2001
000965