Number
021048
Version
SUBSTITUTE
Reference
86-1324
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to King Center, LLC for encroachment into the public rights-of-way for the building at 2220-2244 North Dr. Martin Luther King, Jr. Drive, in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to King Center, LLC for encroachment of one concrete step and one excess door swing into the public right-of-way for the building at 2220-2244 North Dr. Martin Luther King, Jr. Drive.
Body
Whereas, Robert Stone Jewelers, Inc. requested permission to keep and maintain one set of two concrete steps in the public right-of-way of West North Avenue and two excess door swings in the public rights-of-way of North Dr. Martin Luther King, Jr. Drive; and
Whereas, Permission was granted in 1986 by adoption of Common Council Resolution File Number 86-1324; and
Whereas, King Center, LLC bought the property; and
Whereas, A site visit revealed that the excess door swing encroachment on West North Avenue has been removed and the doorway bricked close, however, the concrete step was left in place and the excess door swing into North Dr. Martin Luther King, Jr. Drive still exists; and
Whereas, For the liability to be formally transferred to the current owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 86-1324 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that King Center, LLC, 250 South Executive Drive, Suite 301, Brookfield, Wisconsin 53005 is hereby granted the following special privileges:
1. To keep and maintain a 1-foot 7-inch wide concrete step in the 15-foot wide south sidewalk area of West North Avenue. Said concrete step is approximately 8 feet 4 inches long and is centered approximately 86 feet east of the eastline of North Dr. Martin Luther King, Jr. Drive.
2. To keep, use and maintain an excess door swing encroachment, consisting of a single 3-foot 1-inch wide door, in the 12-foot wide, fully paved east sidewalk area of North Dr. Martin Luther King, Jr. Drive. Said door is centered approximately 23 feet south of the southline of West North Avenue. Said door swing projects further than the 12 inches allowed under Section 245-4-8 of the Code of Ordinances of the City of Milwaukee.
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, and the right-of-way restored, as applicable, 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, King Center, LLC, 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 $2,500.00 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 $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $40,000 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 $38.47. 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
MDL:cjt
March 7, 2005
021048