NUMB:
980161
VERS:
SUBSTITUTE
REF:
67-3932
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Chicago Title Insurance Company to construct and maintain plate glass building walls that project into the public rights-of-way of the south and west walls of the building located at 734 North 4th Street, to now change the name of the grantee of the special privilege to Mental Health Association in Milwaukee County, Inc., in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to Chicago Title Insurance Company to construct and maintain plate glass building walls that project into the public rights-of-way of the south and west walls of the building located at 734 North 4th Street, to now change the name of the grantee of the special privilege to Mental Health Association in Milwaukee County, Inc.
BODY:
Whereas, Chicago Title Insurance Company was granted a special privilege under Common Council Resolution File Number 67-3932, on April 16, 1968, to construct and maintain plate glass building walls that project into the public rights-of-way of the south and west walls of the building located at 734 North 4th Street; and
Whereas, The current owner of the property is Mental Health Association in Milwaukee County, Inc., and should now be named as the grantee of the special privilege; and
Whereas, The wall projections may only occupy the public rights-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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 67-3932 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Mental Health Association in Milwaukee County Inc., 734 North 4th Street, Milwaukee, WI 53203-2102, is hereby granted the following special privilege:
To keep and maintain plate glass building walls that project beyond the property lines into the public rights-of-way of North 4th Street and the east-west alley bounded by Old World Third Street, West Wells Street, West Wisconsin Avenue and North 4th Street, of the south and west walls of the building located at 734 North 4th Street. The wall projections begin at an elevation of approximately 8 feet 6 inches above the sidewalk grade and extend upward approximately 31 feet. An encroachment of 5 inches extends along the entire length of the west wall, being approximately 50 feet, and an encroachment of 8 inches extends along the south wall from the southwest corner of the building to a point approximately 20 feet east.
Said walls shall be maintained to the satisfaction of the Commissioners of Public Works and Building Inspection.
Said items shall be removed from the public rights-of-way, at such future time that they are no longer needed, to the satisfaction of the Commissioners of Public Works and Building Inspection.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Mental Health Association in Milwaukee County, 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 $4,000.00 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 $382.31. 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
September 2, 1998
980161