NUMB:
971503
VERS:
SUBSTITUTE
REF:
921161
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to JMB Plaza Associates to place and maintain a covered walk in the public right-of-way abutting the premises at 330 East Kilbourn Avenue, to now change the name of the grantee of the special privilege to Kilbourn Investors Limited Partnership, a Wisconsin Limited Partnership, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege changes the name of the grantee of a special privilege allowing placement and maintenance of a covered walk in the public right-of-way abutting the premises at 330 East Kilbourn Avenue from JMB Plaza Associates to Kilbourn Investors Limited Partnership, a Wisconsin Limited Partnership.
BODY:
Whereas, JMB Plaza Associates was granted a special privilege to place a covered walk at the East Kilbourn Avenue entrance to the building at 330 East Kilbourn Avenue; and
Whereas, Kilbourn Investors Limited Partnership, a Wisconsin Limited Partnership, now owns the building at 330 East Kilbourn Avenue, and a name change on the existing special privilege is needed in order to reflect the new owner; and
Whereas, Said covered walk may only legally occupy the public way by the granting of a special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 921161 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Kilbourn Investors Limited Partnership, a Wisconsin Limited Partnership, is hereby granted the following special privilege:
To keep, use and maintain a covered walk at the East Kilbourn Avenue entrance to the building at 330 East Kilbourn Avenue. Said covered walk, 10 feet in width, is centered approximately 69 feet west of the westline of North Milwaukee Street, and shall encroach approximately 13.5 feet into the 15-foot wide sidewalk area on the north side of East Kilbourn Avenue. The covered walk shall be supported by the building at one end and by 1 vertical support at each corner closest to the curb. The area between these outer columns, approximately 5 feet in width, may be in-filled with clean tempered glazing. The structure is to be approximately 1.5 feet from the curb. There shall be approximately a 10-foot wide opening between the vertical supports, at grade, which parallel the curb face. The minimum vertical clearance between the bottom edge of the structure and the sidewalk below shall be 8 feet.
Said covered walk shall generally be constructed 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 twenty-five (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 any approved material.
All fixtures and materials for illumination of covered walks shall be indicated upon the construction plans and approved prior to installation. 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 shall not exceed 8 inches in height.
The original grantee was required, prior to installation, to apply for and obtain "Loading Zone" or "No Parking Zone" status adjacent to the proposed covered walk location. The new grantee is required to maintain this status as long as the covered walk occupies the public way.
Said covered walk shall be installed, maintained and used to the approval of the Commissioner of Public Works and the Commissioner of Building Inspection.
Prior to installation, permits were required to be obtained from the Commissioner of Building Inspection for the structure itself and from the Commissioner of Public Works to occupy the right-of-way during construction; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Kilbourn Investors Limited Partnership, a Wisconsin Limited Partnership, 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 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 $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 66.045 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
March 5, 1998
971503