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File #: 971757    Version:
Type: Resolution Status: Passed
File created: 2/26/1998 In control: PUBLIC WORKS COMMITTEE
On agenda: Final action: 5/5/1998
Effective date:    
Title: Substitute resolution amending a special privilege granted to the YMCA of Metropolitan Milwaukee to erect and maintain a covered walk and to keep and maintain raised concrete curbing at 915 West Wisconsin Avenue, to now delete reference to the covered walk and a portion of the curbing, and to change the name of the grantee of the special privilege to Marquette University, in the 4th Aldermanic District in the City of Milwaukee.
Sponsors: THE CHAIR
Indexes: SPECIAL PRIVILEGE PERMITS

NUMB:

971757

VERS:

SUBSTITUTE

REF:

901562

XXBY:

THE CHAIR

TITL:

Substitute resolution amending a special privilege granted to the YMCA of Metropolitan Milwaukee to erect and maintain a covered walk and to keep and maintain raised concrete curbing at 915 West Wisconsin Avenue, to now delete reference to the covered walk and a portion of the curbing, and to change the name of the grantee of the special privilege to Marquette University, in the 4th Aldermanic District in the City of Milwaukee.

ANLS:

 

 

- Analysis -

 

This resolution amends a special privilege granted to the YMCA of Metropolitan Milwaukee to erect and maintain a covered walk and to keep and maintain raised concrete curbing at 915 West Wisconsin Avenue, to now delete reference to the covered walk and a portion of the curbing, and to change the name of the grantee of the special privilege to Marquette University.

 

 

BODY:

Whereas, The YMCA of Metropolitan Milwaukee was granted a special privilege under Common Council Resolution File Number 901562 to erect and maintain a covered walk and to keep and maintain existing raised concrete curbing encroaching into the public right-of-way at the south side of West Wisconsin Avenue at 915 West Wisconsin Avenue; and

 

Whereas, The covered walk and a portion of raised concrete curbing have been removed from the public right-of-way; and

 

Whereas, The premises are now under the ownership of Marquette University (MU), which will be named as grantee of the special privilege; and

 

Whereas, MU wishes to be granted permission to allow the remaining raised concrete curbing to encroach into the public right-of-way; and

 

Whereas, The raised concrete curbing may only be permitted to encroach into 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 Common Council Resolution File Number 901562 is hereby rescinded; and

 

Further Resolved, By the Common Council of the City of Milwaukee that Marquette University, P.O. Box 1881, Milwaukee, WI 53201, is hereby granted the following special privilege:

 

To keep and maintain existing raised concrete curbing for a landscaping area encroaching approximately 4.7 feet beyond the lot line, abutting the public sidewalk in front of the building at 915 West Wisconsin Avenue, beginning approximately 185 feet east of the eastline of North 10th Street and extending east for a distance of approximately 90 feet parallel to the sidewalk. The curbing is approximately 6 inches wide and 5 1/2 inches high.

 

Said curbing shall be kept and maintained to the approval of the Commissioners of Public Works and Building Inspection. No alteration or replacement of the curbing may be made without the written approval of the Commissioners of Building Inspection and Public Works;

 

and, be it

 

Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Marquette University, 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 $1,000.00 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 $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 $231.93. 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

April 14, 1998

971757