NUMB:
971792
VERS:
SUBSTITUTE
REF:
59-2399a
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to S. S. Realty Company, Inc. to keep and maintain a loading platform and two backup driveways in the public right-of-way adjacent to their property located at 160 South 2nd Street, to now change the name of the grantee of the special privilege to Brian Jost, in the 12th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to S. S. Realty Company, Inc. to keep and maintain a loading platform and two backup driveways in the public right-of-way adjacent to the premises known as 160 South 2nd Street, to now change the name of the grantee of the special privilege to Brian Jost.
BODY:
Whereas, S. S. Realty Company, Inc. was granted a special privilege under Common Council Resolution File Number 59-2399a, on January 10, 1961, to maintain a fixed, wooden loading platform encroaching into the public right-of-way located adjacent to the premises at 160 South 2nd Street; and
Whereas, The current owner of the property is Brian Jost and should now be named as the grantee of the special privilege; and
Whereas, Field inspection found two backup driveways serving overhead doors located adjacent to the loading platform; and
Whereas, The loading platform and backup driveways 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 59-2399a is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Brian Jost, 126 South 2nd Street, Milwaukee, WI 53204, is hereby granted the following special privilege:
1. To keep and maintain a fixed wooden loading and unloading platform approximately 3 feet high and 80 feet long, projecting approximately 15 feet into the north sidewalk area of West Seeboth Street. The dock begins approximately 45 feet east of the eastline of South 2nd Street, extends east, and serves the building located at 160 South 2nd Street.
2. To use and maintain two 10-foot wide backup driveways serving two overhead doors, located on the north side of West Seeboth Street adjacent to the premises at 160 South 2nd Street. Said driveways are located approximately 120 and 140 feet east of the eastline of South 2nd Street, in the 15-foot wide sidewalk area. Vehicles shall occupy the north sidewalk area and a portion of the roadway to the centerline of West Seeboth Street.
Said platform and backup driveways shall be used and maintained to the satisfaction of the Commissioners of Public Works and Building Inspection.
Said platform and backup driveways shall be removed from the public right-of-way, at such future time that it is 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, Brian Jost, 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 $1,948.51. 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 14, 1998
971792