NUMB:
970403
VERS:
SUBSTITUTE
REF:
77-1281
XXBY:
THE CHAIR
Substitute resolution amending a special privilege to erect and maintain a chain link fence and a guardrail beyond the lot line on West Vienna Avenue between North 28th Street and North 29th Street and also on North 28th Street between West Vienna Avenue and West Hopkins Street, in the vicinity of 2823 West Vienna Avenue, to now change the name of the grantee of the special privilege to Tower Automotive Products Company, Inc., in the 7th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege changes the name of the grantee of a special privilege allowing erection and maintenance of a fence and guardrail to surround their parking facilities located between West Vienna Avenue, North 28th Street, West Hopkins Street and North 29th Street, from A. O. Smith Corporation to Tower Automotive Products Company, Inc.
BODY:
Whereas, A. O. Smith Corporation was granted a special privilege to erect and maintain a 6-foot high chain link fence and an adjacent guardrail that encroach into the public rights-of-way approximately 3.2 feet on the west side of North 28th Street and approximately 6.25 feet on the south side of West Vienna Avenue; and
Whereas, The fenced-in areas have been paved with asphalt and are currently used for parking; and
Whereas, A. O. Smith Corporation has sold its Automotive Products Company division to Tower Automotive Products Company, Inc.; and
Whereas, Said fences and guardrails may only legally occupy the public way by the granting of a special privilege to the current owner; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 77-1281 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Tower Automotive Products Company, Inc., 3533 North 27th Street, Milwaukee, WI 53216, is granted the following special privileges:
1. To keep and maintain a 6-foot high chain link fence, and an adjacent guardrail on the inside of the fence consisting of 12 gauge galvanized steel sections. Said fence and guardrail encroach approximately 3.2 feet into the public way on the west side of North 28th Street beginning approximately 19 feet south of the southline of West Vienna Avenue, extended, and continuing south, parallel to the westline of North 28th Street, approximately 370 feet. At this point, approximately 40 feet north of the northline of West Hopkins Street, said fence connects into a diagonal link from a 6-foot high fence on West Hopkins Street.
2. To asphalt, use and maintain for parking a strip of land being the public way on the west side of North 28th Street. Usage of said strip of land to be an approximately 3.2 foot encroachment into the public way beginning approximately 19 feet south of the southline of West Vienna Avenue and continuing south, parallel to the westline of North 28th Street, approximately 370 feet, this point being approximately 40 feet north of the northerly line of West Hopkins Street.
3. To keep and maintain a 6-foot high chain link fence and an adjacent guardrail on the inside of the fence consisting of 12 gauge galvanized steel sections. Said fence and guardrail encroach approximately 6.25 feet into the public way on the south side of West Vienna Avenue beginning approximately 19 feet east of the westline of North 29th Street, extended, and continuing east, parallel to the southline of West Vienna Avenue, approximately 215 feet. At this point approximately 19 feet west of the westline of North 28th Street,
said fence connects into a diagonal link between the proposed 6-foot high fence and guardrail on North 28th Street.
4. To asphalt, use and maintain for parking a strip of land being the public way on the south side of West Vienna Avenue. Usage of said strip of land to be an approximately 6.25 foot encroachment into the public way beginning approximately 19 feet east of the westline of North 29th Street, extended, and continuing east, parallel to the southline of West Vienna Avenue, approximately 215 feet, this point being approximately 19 feet west of the westline of North 28th Street.
Said fence and guardrail shall be used and maintained to the approval of the Commissioner of Public Works and the Commissioner of 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, Tower Automotive Products Company, Inc., a Delaware Corporation, 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 $138.33. 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
July 31, 1997
970403