Number
070105
Version
SUBSTITUTE 1
Reference
060632
Sponsor
THE CHAIR
Title
Substitute resolution to amend a special privilege to Spirit of Milwaukee, Inc. to construct and maintain two additional gateway signs in the street medians of West Fond du Lac Avenue near 1000 West Winnebago Street and West Kilbourn Avenue near 801 North 6th Street in the 6th and 4th Aldermanic Districts, respectively.
Analysis
Substitute resolution amending a special privilege to Spirit of Milwaukee, Inc. to construct and maintain two additional gateway signs in the street medians of West Fond du Lac Avenue near 1000 West Winnebago Street and West Kilbourn Avenue near 801 North 6th Street.
Body
Whereas, Spirit of Milwaukee, Inc., the applicant, in cooperation with the Department of Public Works, is proposing to install gateway signage at several prominent locations within medians of various streets in order to present a more attractive and welcoming image to people entering the City of Milwaukee; and
Whereas, Each of the signs will have a corporate sponsor, that will pay the cost of fabricating and maintaining its sign and maintaining the median on which the sign will be located; and
Whereas, The applicant had requested permission for a gateway sign in the median of South Howell Avenue; and
Whereas, Permission for said sign was granted under Common Council Resolution File Number 060632; and
Whereas, The current request is to construct and maintain one sign in the median of West Fond du Lac Avenue and one in the median of West Kilbourn Avenue; and
Whereas, Said new gateway signs 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 Spirit of Milwaukee, Inc., 301 West Wisconsin Avenue, Suite 300, Milwaukee, WI 53203 is hereby granted the following special privileges:
1. To construct and maintain an 8-foot tall gateway sign in the median of West Fond du Lac Avenue, east of Interstate Highway 43. Said sign will be centered approximately 80 feet east of the west curbline of the northbound off ramp and approximately 16 feet 6 inches north of the south curb of the median. The triangular sign will have sides that are no more than 4 feet 5 inches in width.
2. To construct and maintain a 20-foot tall gateway sign in the median of West Kilbourn Avenue west of North 6th Street. The sign will be centered between the on and off ramps to Interstate Highway 43. The triangular sign will have sides that are no more than 8 feet 3 inches long. Additionally, each point of the triangular sign will be supported by a 4-foot deep, 1-foot 6-inch square footing.
3. To keep and maintain a 12-foot tall gateway sign in the median of South Howell Avenue, south of West Grange Avenue. Said sign is centered in the 120-foot wide right-of-way of South Howell Avenue approximately 110 feet south of the centerline of West Grange Avenue. The triangular sign has sides that are each, at most, 7 feet 7 inches wide.
Said above-mentioned gateway signage shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said gateway signage 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, Spirit of Milwaukee, 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 $10,000 such bond to be approved by the City Attorney. This 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 own 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 cancelled 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 $45.00. 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 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.
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 1 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 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:lja
May 23, 2007
070105