Number
070941
Version
SUBSTITUTE 1
Reference
922130
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to U.S. Bank National Association for encroachment into the public right-of-way of tree grates with guards and addition of a concrete ramp with railing and a stationary planter for the premises at 2525 West Wisconsin Avenue, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to U.S. Bank National Association for encroachment into the public right-of-way of tree grates with guards and addition of a concrete ramp with railing and a stationary planter for the premises at 2525 West Wisconsin Avenue.
Body
Whereas, Firstar Development Corporation requested permission to install and maintain tree grates with guards in the public right-of-way; and
Whereas, Permission for said tree grates with guards was granted in 1993 under Common Council File Number 922130; and
Whereas, U.S. Bank National Association now owns the property; and
Whereas, A site visit revealed the presence of a concrete ramp with railing and a stationary planter encroaching into the public right-of-way; and
Whereas, Said concrete ramp with railing and stationary planter may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; and
Whereas, For the liability to be formally transferred to the current property owner for items previously granted permission, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 922130 is hereby rescinded; and, be it
Further Resolved, That U.S. Bank National Association, 777 East Wisconsin Avenue, suite 3175, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To keep and maintain two tree grates with guards in the south 11-foot wide sidewalk area of West Wisconsin Avenue which are 4-foot square and are located approximately 27 and 75 feet east of the east line of North 26th Street.
2. To keep and maintain a concrete ramp with railing in the south 11-foot wide sidewalk area of West Wisconsin Avenue. Said concrete ramp with railing projects approximately 1 foot 5 inches into the south public right-of-way and commences at a point 30 feet east of the east line of North 26th Street and extends east approximately 35 feet 6 inches.
3. To keep and maintain a stationary concrete planter in the south 11-foot wide sidewalk area of West Wisconsin Avenue. Said planter projects into the south right-of-way approximately 1 foot, is 3 feet wide and is located approximately 28 feet east of the east line of North 26th Street.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said items 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, U.S. Bank National Association 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 $5,000 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 $173.36. 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 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 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
November 14, 2007
070941