Number
060296
Version
SUBSTITUTE 1
Reference
980019
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to Phoenix Building, LLC for change of ownership for seven moveable planters previously granted permission for the premises at 219-233 North Milwaukee Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege for change of ownership to Phoenix Building, LLC for seven moveable planters previously granted permission for the premises at 219-233 North Milwaukee Street.
Body
Whereas, Phoenix Building Partnership petitioned for a special privilege to keep and maintain seven moveable planters in the public right-of-way; and
Whereas, Permission for said moveable planters was granted in 1998 under Common Council File Number 980019; and
Whereas, Phoenix Building, LLC now owns the property; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 980019 is hereby rescinded; and, be it
Further Resolved, That Phoenix Building, LLC, 219-233 North Milwaukee Street, Milwaukee, Wisconsin 53202 is hereby granted the following special privilege:
To keep and maintain seven concrete, 36-inch diameter moveable planters within the west, 12-foot wide, fully paved sidewalk area of North Milwaukee Street abutting the building at 219-233 North Milwaukee Street. Two of said planters abut each of two entrances centered approximately 150 and 250 feet north of the northline of East Chicago Street. The remaining three planters are centered approximately 50, 100 and 200 feet north of the northline of East Chicago 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. All necessary permits shall have been obtained prior to the granting of this special privilege.
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, Phoenix Building, LLC, 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 $2,000 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.
Pay to the City Treasurer an annual fee, which has an initial amount of $105.00. 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 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.
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:lja
July 10, 2006
060296