Number
070960
Version
SUBSTITUTE 1
Reference
882333
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Washington Square Associates III Limited Partnership and for addition of a platform with steps and barrier free access ramp and an excess door swing for the premises at 770 North Jefferson Street, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Washington Square Associates III Limited Partnership and for addition of a platform with steps and barrier free access ramp and an excess door swing for the premises at 770 North Jefferson Street.
Body
Whereas, Jefferson Associates Limited requested permission to install and maintain tree grates with guards, accent up-lighting and associated electrical conduit; and
Whereas, Permission for said items was granted in 1989 under Common Council Resolution File Number 882333; and
Whereas, The accent up-lighting was to be installed in the tree grates, but none were found during a recent field visit; and
Whereas, The applicant is now renovating the subject property and is requesting permission to construct and maintain a platform with steps and barrier free access ramp; and
Whereas, Said platform with steps and barrier free access ramp may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; and
Whereas, For the liability to be formally transferred to the current property owner for items previously granted permission, the Common Council needs to adopt an amending resolution; now, therfore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 882333 is hereby rescinded; and, be it
Further Resolved, That Washington Square Associates III Limited Partnership, 788 North Jefferson Street, Suite 800, Milwaukee, WI 53202 is hereby granted the following special privileges:
1. To construct and maintain a platform with a barrier free access ramp and steps located at the intersection of North Jefferson Street and East Mason Street. The concrete structure will project up to 6 feet into the east, 15-foot wide sidewalk area of North Jefferson Street and up to 5 feet 11 inches into the north, 15-foot wide sidewalk area of East Mason Street. Said structure will have handrails and will be built upon a 4-foot deep strip foundation. Total area of the structure is 193 square feet.
2. To keep and maintain eleven 4-foot square tree grates, three having guards, in the public right-of-way. Nine of said tree grates are located in the east, 15-foot wide sidewalk area of North Jefferson Street centered approximately 11, 30, 75, 99, 141, 165, 189, 211 and 229 feet north of the northline of East Mason Street. Three of the tree grates in North Jefferson Street have guards. Two of said tree grates are located in the north, 15-foot wide sidewalk area of East Mason Street centered approximately 47 and 76 feet east of the eastline of North Jefferson Street.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said items 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, Washington Square Associates III 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 $5,000 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.
3. Pay to the City Treasurer an annual fee, which has an initial amount of $399.29. 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 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.
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 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
November 15, 2007
070960