NUMB:
980564
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Johnson Controls, Inc. to construct and maintain a wooden ramped entrance for barrier-free access located in the public right-of-way adjacent to their property located at 514 North Jefferson Street, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution grants permission to Johnson Controls, Inc., to construct and maintain a wooden ramped entrance for barrier-free access in the right-of-way on the east side of North Jefferson Street adjacent to the building known as 514 North Jefferson Street for temporary barrier-free access during the construction of their building at 525 East Michigan Street.
BODY:
Whereas, Johnson Controls, Inc. is desirous to construct a wooden ramped entrance to provide for temporary barrier-free access to their facility at 514 North Jefferson Street until construction is complete at their new facility at 525 East Michigan Street, and in order to do this, the ramp would encroach into the public right-of-way on the east side of North Jefferson Street; and
Whereas, The temporary ramped entrance 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 Johnson Controls, Inc., 507 East Michigan Street, Milwaukee, WI 53201, is hereby granted the following special privilege:
To construct and maintain an approximate 31-foot 3-inch long and 4-foot 4 1/2-inch wide wood ramp, platform with handrail and steps on the east side of North Jefferson Street adjacent to the property known as 514 North Jefferson Street. Said wooden ramp shall begin at a point approximately 47 feet north of the northline of East Clybourn Street and encroach its full width into the public sidewalk area.
Said wooden ramp, platform with handrail and steps shall be constructed, used and maintained to the satisfaction of the Commissioners of Public Works and Building Inspection. All required permits shall be procured prior to beginning construction. Said ramp with handrail and steps 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, Johnson Controls, Inc. 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 $159.60. 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 2, 1998
980564