NUMB:
971334
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Roundy's, Inc. for a historical marker (monument) to be located in the public right-of-way of North Broadway, in the vicinity of 241 North Broadway, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution grants permission to Roundy's, Inc. to place and maintain a historical marker (monument) in the mid-block plaza of North Broadway in the vicinity of 241 North Broadway, which was the original home of Smith Roundy and Co., the predecessor company. The monument is to be high enough to read but too high to sit upon.
BODY:
Whereas, Roundy's, Inc. is celebrating its 125th anniversary; and
Whereas, They propose to place a historical marker (monument) commemorate the original location of Smith, Roundy and Co., which was at 241 North Broadway, being the southwest corner of the intersection of North Broadway and East Buffalo Street; and
Whereas, The proposed location is within the mid-block plaza of North Broadway between East Buffalo and East Chicago Streets; and
Whereas, The Board of Business Improvement District Number 2 was granted a special privilege, under C.C. 910343,:
To occupy, use and maintain those improvements described and depicted in Exhibit 1. to the Historic Third Ward Operation and Maintenance of Improvements Agreement, which consists of 57 pages of plans for the Historic Third Ward Streetscape Project as approved by the Mayor on June 20, 1991, the Commissioner of Public Works on June 20, 1991 and the City Engineer on June 19, 1991; and
Whereas, The mid-block plaza intended for the monument is one of those features included in the BID #2 special privilege; and
Whereas, The Architectural Review Board of the Historic Third Ward, after reviewing Roundy's proposal for placement of said monument, "determined that the request, as proposed, is consistent with the design standards established for the district" and therefore issued a Certificate of Appropriateness and
Whereas, Placement of said monument within the public right-of-way can only be allowed through the adoption of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee; that Roundy's, Inc., 23000 Roundy Drive, Pewaukee, WI 53072, is hereby granted the following special privilege:
To construct/install, use and maintain a historical marker (monument) generally located within the mid-block plaza of North Broadway between East Buffalo and East Chicago Streets specifically described as follows:
On the sidewalk pavement on the northwest corner of the plaza abutting the raised area, being approximately 140 feet south of the southline of East Buffalo Street and approximately 45 feet east of the westline of North Broadway.
The monument would consist of a granite block and a bronze plaque. The granite block would be polished "Wausau Red" granite 20" in width, 15" deep and 36" high at the front-top edge and 42" high at the rear-top edge. The lettering on the plaque is to be burnished bronze surrounded by a dark brown enamel. Roundy's corporate logo would be etched and chiseled into the front face approximately 24" above the sidewalk. The granite block is to be steel-doweled to the sidewalk and epoxy-glued to the dowels.
Said monument shall be maintained to the satisfaction of the Commissioners of Public Works and Building Inspection and to the standards of the Architectural Review Board of the Historic Third Ward. All applicable permits shall be obtained by the grantee prior to the placement of the monument.
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Roundy's, Inc., 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 $100,000 covering bodily injury to any one person and $300,000 covering bodily injury to more than one person in any one accident and $50,000 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 27, 1998
ROUNDYS