City of Milwaukee - File #: 111252

• File #: 111252
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 1/18/2012
• In control: PUBLIC WORKS COMMITTEE
• Final action: 11/5/2013
• Title: Substitute resolution amending a special privilege for change of ownership to Towne Realty Inc, for removal of items from the public right-of-way, and for addition of moveable planters in the public right-of-way for the premises at 105 West Michigan Street, in the 4th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: SPECIAL PRIVILEGE PERMITS

Date	Ver.	Action By	Action	Result	Tally
11/12/2013	1	MAYOR	SIGNED
11/5/2013	1	COMMON COUNCIL	ADOPTED	Pass	15:0
10/22/2013	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	5:0
10/17/2013	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
1/18/2012	0	COMMON COUNCIL	ASSIGNED TO

Number

111252

Version

SUBSTITUTE 1

Reference

78-1348

Sponsor

THE CHAIR

Title

Substitute resolution amending a special privilege for change of ownership to Towne Realty Inc, for removal of items from the public right-of-way, and for addition of moveable planters in the public right-of-way for the premises at 105 West Michigan Street, in the 4^th Aldermanic District.

Analysis

This resolution amends a special privilege for change of ownership to Towne Realty Inc; for removal of a sign base and railing from the public right-of-way; and for addition of moveable planters in the public right-of-way for the premises at 105 West Michigan Street.

Body

Whereas, Nino's Inc requested permission to construct and maintain a sign base and protective railing in the public right-of-way; and

Whereas, Permission for said items was granted in 1978 under Common Council Resolution File Number 78-1348; and

Whereas, Towne Realty Inc now owns the premises; and

Whereas, Said sign base and railing were removed from the public right-of-way at some point in the past; and

Whereas, The applicant is requesting permission to place and maintain moveable planters in the public right-of-way; and

Whereas, Said planters 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Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Numbers 78-1348 is hereby rescinded; and, be it  

Further Resolved, By the Common Council of the City of Milwaukee, that Towne Realty Inc, 710 North Plankinton Avenue, WI 53203 is hereby granted the following special privilege:

To keep and maintain 24 metal moveable planters in the public rights-of-way of North Plankinton Avenue and West Michigan Street. The planters are in two sizes, the smaller size being 3 feet square and 2 feet 6 inches tall and the larger size being 3 feet 10 inches square and 2 feet 11 inches tall. In the east, 10-foot wide sidewalk area of North Plankinton Avenue between West Clybourn Street and West Michigan Street, there are 4 large planters and 11 small planters. In the south, 12-foot sidewalk area of West Michigan Street between the Milwaukee River and North Plankinton Avenue, there are 3 large planters and 6 small planters. All of said planters are positioned at least 12 inches back from the street curb.

Said planters shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.

Said planters 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, Towne Realty Inc, shall:

1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
3. 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.
5. Pay to the City Treasurer an annual fee, which has an initial amount of $360.00. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
7. 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 or removal for such purposes.
9. 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 1^st of each year.
11. 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:clm

September 20, 2013