Number
060127
Version
SUBSTITUTE
Reference
65-973
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to JRB VIII, LLC for change of ownership for concrete risers previously granted permission for the premises at 324 North 12th Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege for change of ownership to JRB VIII, LLC for concrete risers previously granted permission for the premises at 324 North 12th Street, also known as 1127 West St. Paul Avenue.
Body
Whereas, Cutler Hammer, Inc. petitioned for a special privilege to keep and maintain concrete risers in the public right-of-way; and
Whereas, Permission for said concrete risers was granted in 1965 under Common Council File Number 65-973; and
Whereas, JRB VIII, Inc. now owns the property; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 65-973 is hereby rescinded; and, be it
Further Resolved, That JRB VIII, LLC, PO Box 674, Milwaukee, Wisconsin 53201 is hereby granted the following special privilege:
To keep and maintain three, 8-foot long concrete risers in the south sidewalk area of West St. Paul Avenue, which varies between 15 and 11 feet in width. Said steps project 3 feet into the public right-of-way and start at a point approximately 48 feet east of the eastline of North 12th Street. The handrail for the risers is allowed in the public right-of-way.
Said above-mentioned concrete risers shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
Said concrete risers shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, 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, JRB VIII, LLC, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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. This 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 $20,000 covering property damage to any own 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 cancelled until after at least thirty days’ notice in writing to the City Clerk.
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.
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 and 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.
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.
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 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:lja
June 16, 2006
060127