Number
191540
Version
SUBSTITUTE 1
Reference
091492
Sponsor
Ald. Bauman
Title
Substitute resolution amending a special privilege for change of ownership to The Brewery Neighborhood Improvement District No. 1 for an overhead sign and bridge structure over West Juneau Avenue between 1009 West Juneau Avenue and 1203 North 10th Street, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to The Brewery Neighborhood Improvement District No. 1 for an overhead sign and bridge structure over West Juneau Avenue between 1009 West Juneau Avenue and 1203 North 10th Street.
Body
Whereas, Pabst Brewing Company originally requested permission to construct and maintain a pedestrian bridge with sign over West Juneau Avenue for which permission was granted in 1906 and subsequently granted in 1948 under Common Council Resolution File Number 47-3142; and
Whereas, Brewery Project LLC requested permission to keep and maintain the bridge structure with sign and permission was granted in 2010 under Common Council Resolution File Number 091492; and
Whereas, The Brewery Neighborhood Improvement District No. 1 now owns the overhead bridge and sign structure; and
Whereas, For liability for said sign and bridge structure to be formally transferred to the current owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 091492 is hereby rescinded; and, be it
Further Resolved, That The Brewery Neighborhood Improvement District No. 1, 1125 North 9th Street, Suite J, Milwaukee, Wisconsin, 53233 is hereby granted the following special privilege:
To keep and maintain a sign on a 10-foot wide bridge structure crossing the 70-foot wide right-of-way of West Juneau Avenue at a point approximately 10 feet west of the westline of North 10th Street. The sign, which is electrified, measures approximately 9 feet 6 inches tall and 45 feet long. Said sign and bridge structure are a minimum elevation of 65 feet above the roadway below.
Said above-mentioned sign and bridge structure shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said sign and bridge structure 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, The Brewery Neighborhood Improvement District No. 1, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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.
Pay to the City Treasurer an annual fee, which has an initial amount of $50.00. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
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.
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.
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
Administration Division
JERREL KRUSCHKE/DAWN SCHMIDT
April 14, 2020
191540