Number
061185
Version
SUBSTITUTE 1
Reference
920951
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Chalet at the River, LLC for exhaust fans and heated make-up air package in the public right-of-way for the premises at 823 North 2nd Street, in the 4th Aldermanic District.
Analysis
Substitute resolution amending a special privilege for change of ownership to Chalet at the River, LLC for exhaust fans and heated make-up air package in the public right-of-way for the premises at 823 North 2nd Street.
Body
Whereas, George Bockl requested permission to construct and maintain exhaust fans and heated make-up air package in the east-west alley abutting the premises; and
Whereas, Permission for said exhaust fans and heated make-up air package was granted in 1992 under Common Council File Number 920951; and
Whereas, Chalet at the River, 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, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 920951 is hereby rescinded; and, be it
Further Resolved, That Chalet at the River, LLC, 823 North 2nd Street, Milwaukee, Wisconsin 53203, is hereby granted the following special privileges:
1. To keep and maintain two exhaust fans. The 35-inch diameter fans are centered approximately 81 and 102 feet west of the westline of North 2nd Street and project 3 feet into the 20-foot wide east-west alley. There is a 14-foot clearance between the lowest portion of the fans and the alley pavement below.
2. To keep and maintain a make-up air package. Said package commences at a point approximately 107 feet west of the westline of North 2nd Street and extends west 11 feet. Said package projects 3 feet 6 inches into the 20-foot wide east-west alley abutting the premises.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
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, Chalet at the River, 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 $3,000 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 $121.69. 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
February 2, 2007
061185