Number
020379
Version
SUBSTITUTE
Reference
69-1896
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege that was granted to The Boynton Company to create a building facing encroachment to encroach into the public right-of-way of North Edison Street, at the building located at 1232 North Edison Street, to now change the name of the grantee of the special privilege to 1232 North Edison LLC, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege originally granted to The Boynton Company to create a building facing encroachment to encroach into the public right-of-way of North Edison Street at the building located at 1232 North Edison Street, to now change the name of the grantee of the special privilege to 1232 North Edison LLC.
Body
Whereas, The Boynton Company was granted a special privilege under Common Council Resolution File Number 69-1896, on February 3, 1970, to create a building facing encroachment to encroach into the public right-of-way of North Edison Street at the building located at 1232 North Edison Street in excess of that allowable by Section 245-4-19 of the Milwaukee Code of Ordinances; and
Whereas, The current name of the present owner of the property is 1232 North Edison LLC and should now be named as the grantee of the special privilege; and
Whereas, The building facing encroachment may only occupy the public right-of-way 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 69-1896 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that 1232 North Edison LLC, Milwaukee, WI 53202 is hereby granted the following special privilege:
To maintain an existing metal building facing at 1232 North Edison Street, which projects into the east sidewalk area of North Edison Street. Said facade commences at the intersection of the eastline of North Edison Street and a point approximately 120 feet north of East Juneau Avenue and continues north for a distance of approximately 125 feet. Said facing projects 0.31 feet into the 18-foot wide sidewalk area and generally extends from sidewalk grade to a point approximately 20.5 feet above grade, except at the windows and door entry.
Said encroachment shall be maintained to the satisfaction of the Commissioners of the Departments of Public Works and Neighborhood Services.
Said item shall be removed from the public right-of-way, at such future time it is no longer needed, to the satisfaction of the Commissioners of the Departments of Public Works and 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, for 1232 North Edison LLC, 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 $2,000.00 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 $112.79. 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 66.0915((3) of the Wisconsin Statutes (1999), 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 the Department 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
JJM:cjt
December 3, 2002
020379