NUMB:
981123
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Bulk Petroleum Corporation to keep and maintain four groundwater monitoring wells in North 23rd Street and West Fond du Lac Avenue in the vicinity of 2306 West Fond du Lac Avenue, in the 7th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
Substitute resolution granting a special privilege to Bulk Petroleum Corporation to keep and maintain four groundwater monitoring wells in the public rights-of-way of North 23rd Street and West Fond du Lac Avenue in the vicinity of 2306 West Fond du Lac Avenue.
BODY:
Whereas, It has been deemed necessary to conduct an environmental assessment for a site located at 2306 West Fond du Lac Avenue to determine petroleum product migrational patterns; and
Whereas, It has been determined that, in addition to the proposed monitoring wells needed to be placed on private property, four wells need to be located within the public rights-of-way for extended periods of time; and
Whereas, These four monitoring wells may only legally remain in the public rights-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the City of Milwaukee, that Bulk Petroleum Corp., Attn: Judy 9653 North Granville Road, Mequon, WI 53097-0710 is hereby granted the following special privilege:
To keep and maintain four flush-mounted monitoring wells in the vicinity of 2306 West Fond du Lac Avenue located as follows: three monitoring wells are located on North 23rd Street approximately 24, 50 and 109 feet north of the northline of West Fond du Lac Avenue and 4, 50 and 4 feet west of the westline of North 23rd Street, respectively; and one monitoring well is located on West Fond du Lac Avenue approximately 40 feet northwest of the westline of North 23rd Street and 62 feet southwest of the northline of West Fond du Lac Avenue.
These monitoring wells shall be maintained and used/removed to the satisfaction of the Commissioners of Public Works and Building Inspection in accordance with the City of Milwaukee Building codes and Zoning Ordinances. All necessary permits shall be obtained from the Commissioners of Public Works and Building Inspection.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Bulk Petroleum Corporation, 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 $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 66.045 of the Wisconsin Statutes (1979), 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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
7. Hold the City of Milwaukee harmless from all claims regarding the remediation process, which includes the public rights-of-way of North 23rd Street and West Fond du Lac Avenue and shall be undertaken at no cost to the City of Milwaukee.
DFTR:
Infrastructure Services Division
JJM:cjt
December 28, 1998
981123