Number
041144
Version
SUBSTITUTE
Reference
58-4543A
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to GS Family Limited Partnership No. 2 for encroachment into the public right-of-way of a covered walk for the premises at 1717 East Kane Place, in the 3rd Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to GS Family Limited Partnership No. 2 to keep and maintain a covered walk in the public right-of-way for the building at 1717 East Kane Place.
Body
Whereas, The K-C Corporation requested a special privilege in order to maintain and keep a covered walk in the public right-of-way of East Kane Place; and
Whereas, Permission was granted in 1959 by adoption of Common Council Resolution File Number 58-4543; and
Whereas, GS Family Limited Partnership No. 2 is the current name of the owner of the property; and
Whereas, For the liability to be formally transferred, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council File Number 58-4543 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that GS Family Limited Partnership No. 2, P.O. Box 511729, Milwaukee, WI 53203, is hereby granted the following special privilege:
To keep and maintain a covered walk at the property known as 1717 East Kane Place. Said covered walk, 15 feet 6 inches in width, is centered approximately 123 feet 8 inches east of the eastline of North Farwell Avenue and projects 14-feet into the 16-foot sidewalk area on the south side of East Kane Place.
The covered walk is supported by the building and by 2 vertical supports at each side of the covered walk, located approximately 2-feet inside of the curb face at the north end. Said vertical supports are each encased in a block of concrete measuring 1-foot wide, 1-foot long and 6 inches tall. There is an opening approximately 14-foot wide between the vertical supports, which parallels the curb face. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below is 8 feet.
Said covered walk shall generally be constructed or refurbished in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a adopted July 24, 1962. The covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 7 feet above the sidewalk level. The covering shall be of approved material.
All fixture and materials for illumination of covered walks shall be approved prior to installation of said fixtures or materials. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walk. The business may be indicated only on the vertical portion of the covering and not to exceed 8 inches in height.
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 the no-parking status required by C.C. 62-1211-a, is waived; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, GS Family Limited Partnership No. 2, 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 $50,000.00 covering bodily injury to any one person and $100,000.00 covering bodily injury to more than one person in any one accident and $20,000.00 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 $75.00. 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 66.0425 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 the Department 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
April 19, 2005
MDL:cjt
041144