Number
971857
Version
SUBSTITUTE 1
Reference
82-1839
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to change the name to Burgess Snow and Ice Control Contractors, Incorporated to keep and maintain steps and facing materials for the building located at 2440 West Clybourn Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege changing the name to Burgess Snow and Ice Control Contractors, Incorporated to keep and maintain an entry step and facing materials for the building at 2440 West Clybourn Street.
Body
Whereas, Wisconsin White Trucks, Incorporated requested a special privilege for a decorative building facade and two existing steps; and
Whereas, Permission was granted in 1983 by adoption of Common Council Resolution File Number 82-1839; and
Whereas, The current owner of the building is Burgess Snow and Ice Control Contractors, Incorporated; and
Whereas, A site visit revealed that the west step has been removed from the public right-of-way; and
Whereas, For the liability to be formally transferred to the current owner for the said items, the Common Council needs to adopt an amending resolution; now, therefore be it
Resolved, That Common Council Resolution File Number 82-1839 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Burgess Snow and Ice Control Contractors Incorporated, 2440 West Clybourn Street, Milwaukee, Wisconsin 53233 is hereby granted the following special privileges:
To keep and maintain a concrete entry step, which encroach into the north, 12-foot wide public sidewalk area of West Clybourn Street. Said step is centered approximately 201 feet east of the eastline of North 25th Street. The step is 5 feet wide, 8 inches tall, and projects a maximum of 1 foot 2 inches into the public right-of-way of West Clybourn Street.
To keep and maintain a metallic facing material to encroach 3.5 inches into the north sidewalk area of West Clybourn Street. Said facing material is located as follows: Along the building from a point approximately 175 feet east of the eastline of North 25th Street extending to a point 49 feet 4 inches feet east, and from a point approximately 244 feet east of the eastline of North 25th Street and extending to a point 25 feet 4 inches feet east. Said facing material extends vertically to the roof from a horizontal line beginning approximately 2 feet 8 inches above the adjacent sidewalk grade at the east building line, extending west, excepting three existing doors and one boiler room air intake.
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, Burgess Snow and Ice Control Contractors, Incorporated, 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 $5,000.00 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 $36.07. 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 no 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:cjt
December 15, 2005
971857