Number
151177
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Acme Galvanizing Incorporated to install and maintain an exhaust tower, lean-to building, bollards, and exhaust stack support in the public right-of-way for the premises at 2730 South 19th Street, in the 12th Aldermanic District.
Analysis
This resolution grants a special privilege to Acme Galvanizing Incorporated to install and maintain an exhaust tower, lean-to building, bollards, and exhaust stack support in the public right-of-way for the premises at 2730 South 19th Street.
Body
Whereas, The applicant is requesting permission to install and maintain an exhaust tower and lean-to building in the public right-of-way, which have been present for a number of years; and
Whereas, A site visit revealed the presence of bollards and a support structure for an exhaust stack in the public right-of-way; and
Whereas, Said items 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 Acme Galvanizing Incorporated, 2730 South 19th Street, Milwaukee WI 53215 is hereby granted the following special privileges:
1. To install and maintain an exhaust tower projecting 9 feet 4 inches into the east, 12-foot wide sidewalk area of South 19th Street. The 8-foot 1-inch wide, brick tower is centered approximately 400 feet south of the southline of West Cleveland Avenue.
2. To install and maintain a lean-to building projecting 7 feet 6 inches into the east, 12-foot wide sidewalk area of South 19th Street. The building commences at a point approximately 424 feet south of the southline of West Cleveland Avenue and extends north approximately 14 feet 5 inches.
3. To install and maintain two bollards in the east, 12-foot wide sidewalk area of South 19th Street. Said bollards are 7 inches in diameter and 3 feet 7 inches in height. Said bollards are centered approximately 9 feet west of the eastline of South 19th Street and about a point approximately 417 feet south of the southline of West Cleveland Avenue.
4. To install and maintain a metal support structure for an exhaust stack, which is located on the building roof. The metal support structure projects 6 feet 6 inches into the east, 12-foot wide sidewalk area of South 19th Street and is centered approximately 315 feet south of the southline of West Cleveland Avenue. Said support structure is more than 10 feet above the adjacent grade below.
Said items 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 items 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, Acme Galvanizing 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 $61.22. 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
KAREN DETTMER/DAWN SCHMIDT
February 16, 2017
151177