Number
041536
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Marquette University to install and maintain three steel reinforced concrete security bollards in the public right-of-way of North 12th Street for the premises at 770 North 12th Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to install and maintain three steel reinforced concrete security bollards in the public right-of-way of North 12th Street for the premises at 770 North 12th Street.
Body
Whereas, The applicant has petitioned to install and maintain three steel reinforced concrete security bollards in the public right-of-way of North 12th Street; and
Whereas, Said bollards will serve to protect the main entrance to the building at 770 North 12th Street, the Al McGuire Center, from errant vehicles turning onto North 12th Street from West Wells Street; and
Whereas, Said bollards may only legally be located in the public right-of-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 Marquette University, 517 North 14th Street, Milwaukee, Wisconsin 53233 is hereby granted the following special privilege:
To install and maintain three steel reinforced concrete bollards approximately 18 inches in diameter at the sidewalk level, 9 inches at the top and 34-inches tall in the 9-foot wide, east sidewalk area of North 12th Street. Said bollards shall be centered approximately 4 feet west of the eastline of North 12th Street and 23, 27, and 31 feet south of the southline of West Wells Street. There is a 10-foot wide clear path between the building and said bollards, of which 4 feet is in the public right-of-way of North 12th Street, which is intended to remain unobstructed at all times.
Said above-mentioned bollards shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall be obtained prior to the placing of said items. Said bollards 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, Marquette University, 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 $3,000.00 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 $100,000.00 covering bodily injury to any one person and $200,000.00 covering bodily injury to more than one person in any one accident and $40,000.00 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
MDL:cjt
March 14, 2005
041536