Number
031086
Version
SUBSTITUTE
Reference
86-533
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to American Bio-Synthetics Corporation to construct and maintain building facing and to allow a door swing projection that encroaches more than 12 inches into the public right-of-way adjacent to the building known as 710 West National Avenue, to now change the name of the grantee of the special privilege to West Grand Corporation, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege that was granted to American Bio-Synthetics Corporation to attach new building facing material and have an excessive door swing projection that each encroach into the public way at a building known as 710 West National Avenue and now names West Grand Corporation as the grantee.
Body
Whereas, American Bio-Synthetics Corporation was desirous to renovate and unify the exterior of the existing building located at 710 West National Avenue by installing new building facing; and
Whereas, The applicant also desired to modify the building entrance by constructing a new doorway; and
Whereas, The additional building facing material and new entrance door are located completely in the West National Avenue right-of-way (due to the existing building encroaching at various locations); and
Whereas, The new name of the property owner is West Grand Corporation and now needs to be named as the grantee; and
Whereas, The building facing and the door swing projection that encroach in excess of that amount allowed by Code may only 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Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 86-533 is hereby rescinded; and, be it
Further Resolved, That West Grand Corporation, 710 West National Avenue, Milwaukee WI 53204, is hereby granted the following special privileges.
1. To keep and maintain metal facing material (with wood blocking where needed) by attaching it to the existing building face, which encroaches into the public way at various locations. The building facing encroaches approximately 0.96 feet into the north sidewalk area of West National Avenue from a point approximately 75.1 feet west of the westline of South 7th Street and extending to a point approximately 150.2 feet west of the westline of South 7th Street.
2. To keep and maintain a 3.0 foot wide entrance door at the building known as 710 West National Avenue, that when open, projects approximately 3.63 feet into the 8-foot wide public sidewalk area of West National Avenue. The door is centered approximately 87.7 feet west of the westline of South 7th Street.
Said building facing shall be maintained and the entrance door swing projection shall be used to the approval of the Commissioners of Public Works and the 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, West Grand Corporation, 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 $10,000.00 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 $50,000 covering bodily injury to any one person and $100,000 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 $246.85. 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
JJM:cjt
April 8, 2004
031086