Number
080030
Version
SUBSTITUTE 1
Reference
961205
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to MBI Properties LLC for building encroachments in the public right-of-way for the premises at 319-323 East Wisconsin Avenue, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to MBI Properties LLC for building encroachments in the public right-of-way for the premises at 319-323 East Wisconsin Avenue.
Body
Whereas, Howard D. Spector requested permission to keep and maintain a building façade projecting and building encroachment into the public right-of-way; and
Whereas, Permission for said items was granted in 1997 under Common Council File Number 961205; and
Whereas, MBI Properties 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Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 961205 is hereby rescinded; and, be it
Further Resolved, That MBI Properties LLC, 111 East Wisconsin Avenue, Suite 1710, Milwaukee, Wisconsin 53202, is hereby granted the following special privileges:
1. To keep and maintain a lower building façade encroachment projecting 1 foot into the south, 20-foot wide sidewalk area of East Wisconsin Avenue. Said building façade averages 1 foot 4 inches in height from the adjacent sidewalk grade. The building façade commences at the eastline of the north-south alley adjacent to the subject property and extends 62 feet east.
2. To keep and maintain a building façade encroachment projecting 1 foot 8 inches into the south, 20-foot sidewalk area of East Wisconsin Avenue. Said building façade is located above a show window area, but below the second floor elevation. The building façade commences at the eastline of the north-south alley adjacent to the subject property and extends east 62 feet.
3. To keep and maintain a building façade encroachment projecting 1 foot into the eastside of the 14-foot wide north-south alley adjacent to the subject property. Said façade commences at the southline of East Wisconsin Avenue and extends south 10 feet.
Said façades shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said façades 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, MBI Properties LLC, 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 $1,000 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.
3. Pay to the City Treasurer an annual fee, which has an initial amount of $909.75. 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 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.
5. 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.
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 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:ns
May 22, 2008
080030