NUMB:
971504
VERS:
SUBSTITUTE
REF:
76-352-a
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege to Wisconsin Bell for a chain link fence with an anticlimb attachment, fastened to a retaining wall owned by the City of Milwaukee, located in the public right-of-way, adjacent to the property at 2745 South 13th Street, to now change the name of the grantee of the special privilege to Maric Family Trust c/o Alex Torbica, in the 14th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
Substitute resolution amending a special privilege to Wisconsin Bell for a chain link fence with an anticlimb attachment, fastened to a retaining wall owned by the City of Milwaukee, located in the public right-of-way, adjacent to the property at 2745 South 13th Street, to now change the name of the grantee of the special privilege to Maric Family Trust c/o Alex Torbica.
BODY:
Whereas, Wisconsin Bell was granted a special privilege under Common Council Resolution File Number 76-352-a, on July 29, 1986, for maintenance of a chain link fence and a barbed anticlimb section attached to the top of the fence, with the entire unit attached to a retaining wall owned by the City of Milwaukee located in the public right-of-way; and
Whereas, The current owner of the adjacent premises is Maric Family Trust c/o Alex Torbica and should now be named as the grantee of the special privilege; and
Whereas, Continued Encroachment of the chain link fence into the public right-of-way can only be allowed through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 76-352-a is hereby rescinded; and, be it
Further Resolved, By the Common Council of Milwaukee that Maric Family Trust c/o Alex Torbica, 175 South Water Street, Milwaukee, WI 53204-1482, is hereby granted the following special privilege:
To maintain a chain link fence and a barbed anticlimb section attached to the top of the fence, with the entire unit attached to a retaining wall owned by the City of Milwaukee, which is located in the public right of way on the west side of South 13th Street abutting 2745 South 13th Street. The fence commences at a point approximately 360 feet south of the southline of West Cleveland Avenue and extends south approximately 114 feet. The encroachment shall have a minimum vertical clearance of 8 feet above the sidewalk grade. The maximum encroachment into the public way shall be approximately 1 foot.
The cost of any alteration, repair, reconstruction, removal and/or replacement of the fence unit shall be borne by the grantee as well as any and all repair, maintenance, reconstruction, removal and/or replacement of any damage to the retaining wall or its appurtenances as a result of the fence unit attachment, when ordered by the Commissioner of Public Works.
The cost of alterations to any underground or overhead municipal facilities due to the granting of this special privilege shall be borne by the grantee. Said fence unit is to be installed and maintained to the approval of the Commissioner of Public Works and the Commissioner of Building Inspection. The grantee shall prepare and submit to the Commissioner of Public Works "as-built" plans showing the actual location, height above sidewalk grade, dimensions of said fence unit, and details of attachment.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Maric Family Trust c/o Alex Torbica, 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 $10,000.00 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 $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 $150.00. 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
January 23, 1998
971504