NUMB:
971506
VERS:
SUBSTITUTE
REF:
81-508
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to ITT Grinnell Corporation to install and maintain two overhead door assemblies at 1819 West St. Paul Avenue, to now add one existing and one new door swing projection and to change the name of the grantee of the special privilege to Z.Z. Investments, L.L.C., in the 12th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege to ITT Grinnell Corporation allowing encroachment of two overhead door assemblies at 1819 West St. Paul Avenue, by allowing two door swing projections, one of which is existing, and by changing the name of the grantee of the special privilege to Z.Z. Investments, L.L.C., the current owner of the property.
BODY:
Whereas, ITT Grinnell Corporation was granted a special privilege under Common Council Resolution File Number 81-508 to install and maintain two exterior mounted roll up overhead doors and their enclosures which encroach into the public right of way of West St. Paul Avenue at 1819 West St. Paul Avenue; and
Whereas, The building is now under the ownership of Z.Z. Investments, L.L.C., and the new owner proposes to keep and maintain the overhead doors, keep and maintain one existing door swing projection, and add one new exterior door swing projection, which, when fully opened, encroach into the public right-of-way of West St. Paul Avenue by more than the 12-inches allowed by Section 245-4-8 of the Code of Ordinances; and
Whereas, These items may only legally occupy the public right-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that C.C. 81-508 is hereby rescinded; and
Further Resolved, By the Common Council of the City of Milwaukee, that Z.Z. Investments, L.L.C., 2456 North Murray Avenue, Milwaukee, WI 53211, is hereby granted the following special privileges:
1. To keep, use and maintain two exterior mounted roll up overhead doors at two vehicular entrances to their building at 1819 West St. Paul Avenue. Said doors, approximately 14 feet wide and 14 feet high, are located on the south side of West St. Paul Avenue centered approximately 366 feet and 421 feet west of the westline of North 17th Street. The housing for the doors encroach approximately 1.5 feet into the 11-foot wide public sidewalk area, at a height of approximately 14 feet above the adjacent sidewalk.
2. To keep, use and maintain one exterior door at the building known as 1819 West St. Paul Avenue that, when fully opened, projects into the public right-of-way in excess of the 12-inches maximum distance permissible under Section 245-4-8 of the Milwaukee Code of Ordinances. The door, located on the south side of West St. Paul Avenue, is centered approximately 519 feet west of the westline of North 17th Street and its maximum encroachment is approximately 3 feet into the 11-foot wide fully concrete paved sidewalk area.
3. To install, use and maintain one exterior door at the building known as 1819 West St. Paul Avenue that, when fully opened, projects into the public right-of-way in excess of the 12-inch maximum distance permissible under Section 245-4-8 of the Milwaukee Code of Ordinances. The door to be located on the south side of West St. Paul Avenue, centered approximately 409 feet west of the westline of North 17th Street, with its maximum encroachment of approximately 3 feet into the 11-foot wide fully concrete paved sidewalk area.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Z.Z. Investments, 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 $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 $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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
February 11, 1998
971506