NUMB:
980011
VERS:
SUBSTITUTE
REF:
71-2970
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Rand Construction Company to maintain a key switch post placed in the public right-of-way adjacent to the property located at 500 West Hampton Avenue, to now change the name of the grantee of the special privilege to Dr. Y. Austin Chang and P. Jean Chang in the 6th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to Rand Construction Company to maintain a key switch post placed in the public right-of-way on the west side of North Iroquois Avenue, adjacent to the premises known as 500 West Hampton Avenue, to now change the name of the grantee of the special privilege to Dr. Y. Austin Chang and P. Jean Chang
BODY:
Whereas, Rand Construction Company was granted a special privilege under Common Council Resolution File Number 71-2970, on May 25, 1973, to maintain a key switch post encroaching into the public right-of-way on the west side of North Iroquois Avenue adjacent to the premises at 500 West Hampton Avenue to allow remote operation of a garage door; and
Whereas, The current owners of the property are Dr. Y. Austin Chang and P. Jean Chang, and should now be named as the grantee of the special privilege; and
Whereas, The key switch post may only occupy the public right-of-way through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 71-2970 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Dr. Y. Austin Chang and P. Jean Chang, 8401 West Calumet Road, Milwaukee, WI 53224, are hereby granted the following special privilege:
To keep and maintain a key switch post, in the public right-of-way in the grass area between the curb and sidewalk, located approximately 7.3 feet east of the westline of North Iroquois Avenue and 63 feet north of the northline of West Hampton Avenue for remote operation of a garage door. Said 3.3 foot high key switch post consists of 3-inch diameter iron pipe filled with concrete, with a key switch mounted on the top. Conduit is located approximately 18 inches below grade, extending from the post to the adjacent building at 500 West Hampton Avenue.
Said key switch post shall be used and maintained to the satisfaction of the Commissioners of Public Works and Building Inspection.
Said key switch post shall be removed from the public right-of-way, at such future time that it is no longer needed, to the satisfaction of 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, Dr. Y. Austin Chang and P. Jean Chang, 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 bodilyinjury 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.
DFTR:
Infrastructure Services Division
JJM:cjt
September 3, 1998
980011