NUMB:
971752
VERS:
SUBSTITUTE
REF:
68-2946
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Marquette University to construct and maintain nine precast concrete panels at 1310-26 West Wisconsin Avenue, now known as 1324 West Wisconsin Avenue, to now delete reference to the concrete panels and grant permission for ten architectural projections into the public right-of-way at the same location, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to Marquette University to construct and maintain nine precast concrete panels at 1310-26 West Wisconsin Avenue, now known as 1324 West Wisconsin Avenue, to now delete reference to the concrete panels and grant permission for ten existing architectural projections to continue to project into the public right-of-way at the same location.
BODY:
Whereas, Marquette University (MU) was granted a special privilege under Common Council Resolution File Number 68-2946 to construct and maintain nine 7-foot wide, 10-foot high precast concrete panels, beginning approximately 3 feet above the sidewalk grade, that encroached into the public right-of-way on the north side of West Wisconsin Avenue at 1310-26 West Wisconsin Avenue; and
Whereas, In a 1996 remodeling of the building the precast concrete panels and a light source within a semicircular projection above these panels were removed from the public right-of-way; and
Whereas, MU now wishes to be granted permission to allow the ten existing architectural projections to continue to encroach into the public right-of-way at the same location; and
Whereas, The existing architectural projections may only be permitted to encroach into the public right-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 68-2946 is hereby rescinded; and
Further Resolved, By the Common Council of the City of Milwaukee that Marquette University, P.O. Box 1881, Milwaukee, WI 53201, is hereby granted the following special privilege:
To keep and maintain ten existing architectural projections that encroach into the public right-of-way on the north side of West Wisconsin Avenue at the building known as 1324 West Wisconsin Avenue. The panels are semicircular in shape, with a minimum clear height of approximately 12-feet 6-inches above the sidewalk grade. The projections encroach approximately 1-foot 8-inches into the public right-of-way, are approximately 5 feet wide and are centered approximately 70, 80, 90, 100, 110, 120, 130, 140, 150, and 160 feet west of the westline of North 13th Street.
Said projections shall be kept and maintained to the approval of the Commissioners of Public Works and Building Inspection. No alteration or replacement of any item may be made without the written approval of the Commissioners of Building Inspection and Public Works;
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Marquette University, 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 $56.19. 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.
DFTR:
Infrastructure Services Division
JJM:cjt
April 14, 1998
971752