NUMB:
991380
VER:
SUBSTITUTE
REF:
882468
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Trust 10168 to keep and maintain a loading dock in the public right-of-way adjacent to the property located at 1033 Old World 3rd Street, to now change the name of the grantee of the special privilege to Uncle Billy's Furniture, L.L.C., in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
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- Analysis -
This resolution amends a special privilege granted to Trust 10168 to keep and maintain a loading dock in the public right-of-way on the east side of the north-south public alley bounded by West Highland Avenue, West State Street, Old World 3rd Street and North 4th Street adjacent to the premises known as 1033 Old World 3rd Street, to now change the name of the grantee of the special privilege to Uncle Billy's Furniture, L.L.C.
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BODY:
Whereas, Trust 10168 was granted a special privilege under Common Council Resolution File Number 882468, on May 16, 1989, to keep and maintain a loading dock encroaching into the public right-of-way on the east side of the north-south public alley bounded by West Highland Avenue, West State Street, Old World 3rd Street and North 4th Street, adjacent to the premises at 1033 Old World 3rd Street; and
Whereas, The current occupant of the property is Uncle Billy's Furniture, L.L.C., and should now be named as the grantee of the special privilege; and
Whereas, The loading dock 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 882468 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Uncle Billy's Furniture, 1033 Old World 3rd Street, Milwaukee, WI 53203 is hereby granted the following special privilege:
To keep and maintain a loading dock, approximately 14.5 feet wide, which projects approximately 1.3 feet into the north-south public alley bounded by West Highland Avenue, West State Street, Old World 3rd Street and North 4th Street. The dock is located on the east side of the alley approximately 162 feet south of the southline of West Highland Avenue and serves the property at 1033 Old World 3rd Street. The loading dock is constructed of wood timers.
Said loading dock shall be used and maintained to the satisfaction of the Commissioners of the Departments of Public Works and Neighborhood Services.
Said loading dock 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 the Departments of Public Works and 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,Uncle Billy's Furniture, L.L.C., 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 $3,000.00 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 $35.00. 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 the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
April 13, 2000
991380