NUMB:
961205
VERS:
SUBSTITUTE
REF:
72-1380
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Brief, Inc. to construct and maintain building facade encroachments in the public rights-of-way abutting the premises at 319-23 East Wisconsin Avenue, to now change the name of the grantee of the special privilege to Howard D. Spector, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege changes the name of the grantee of a special privilege allowing the use and maintenance of building facade encroachments in the public rights-of-way abutting the premises at 319-23 East Wisconsin Avenue, from Brief, Inc. to Howard D. Spector.
BODY:
Whereas, Brief, Inc. was granted a special privilege to construct and maintain building facade encroachments on the south side of East Wisconsin Avenue and on the east side of the north-south alley bounded by East Wisconsin Avenue, North Milwaukee Street, East Michigan Street and North Broadway for the property at 319-23 East Wisconsin Avenue; and
Whereas, Howard D. Spector now owns the building at 319-23 East Wisconsin Avenue, and a name change on the existing special privilege is needed in order to reflect the new owner; and
Whereas, Said building facade encroachments may only legally occupy the public ways by the granting of a special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 72-1380 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Howard D. Spector, 1830 North Dr. Martin Luther King, Jr. Drive, Milwaukee, WI 53212, is hereby granted the following special privileges:
1. To keep and maintain a lower building facade encroachment of approximately one foot into the right-of-way of East Wisconsin Avenue, averaging 1.34 feet in height from the sidewalk level, said encroachment to commence at the eastline of the north-south alley adjacent to said building, thence extending one foot north, and then extending to a point approximately 62 feet east of said alley line and then south approximately one foot to the existing building line.
2. To keep and maintain a building facade encroachment, above the show window area, of approximately 1.7 feet into the right-of-way of East Wisconsin Avenue, said encroachment to commence at the east alley line of the north-south alley, thence extending 1.7 feet north, and then extending to a point approximately 62 feet east of said alley line and then south approximately 1.7 feet to the existing building line.
3. To keep and maintain a building encroachment of approximately one foot into the right-of-way on the east side of the north-south alley, starting at the south streetline of East Wisconsin Avenue and extending south a distance of approximately ten feet; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Howard D. Spector, 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 $3,000 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 $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 $645.10. 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 5, 1997
961205