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Title:
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Substitute resolution granting a special privilege to Mueller Communications Incorporated to install and maintain a fence in the public right-of-way for the premises 1749 North Prospect Avenue, in the 3rd Aldermanic District.
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Number
150527
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Mueller Communications Incorporated to install and maintain a fence in the public right-of-way for the premises 1749 North Prospect Avenue, in the 3rd Aldermanic District.
Analysis
This resolution grants a special privilege to Mueller Communications Incorporated to install and maintain a fence in the public right-of-way, which serves as a barrier between the paved public sidewalk and the adjacent parking lot, for the premises 1749 North Prospect Avenue.
Body
Whereas, The applicant is requesting permission to keep and maintain a fence in the public right-of-way in order to provide a barrier between the paved public sidewalk and an adjacent parking lot; and
Whereas, Said fence 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 Mueller Communications Incorporated, 1749 North Prospect Avenue, Milwaukee, WI 53202is hereby granted the following special privilege:
To install and maintain a decorative metal line fence in the south, 15-foot wide sidewalk area of East Royall Place. Said fence commences at a point approximately 114 feet west of the westline of North Prospect Avenue and extends east approximately 35 feet 5 inches. The fence runs approximately 2 feet north of and parallel to the southline of East Royall Place.
Said fence 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 fence shall be maintained or removed from the public right-of-way, at such future time as it is 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, Mueller Communications Incorporated, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days’ notice in writing to the Commissioner of Public Works.
Pay to the City Treasurer an annual fee, which has an initial amount of $50.00. 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.
Requestor
Department of Public Works
Drafter
Administration Division
MICHAEL LOUGHRAN/DAWN SCHMIDT/C. MURPHY
February 9, 2016