Number
010705
Version
SUBSTITUTE
Reference
62-2827
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to Universal Foods Corporation to construct and maintain thirteen vertical precast concrete pilasters at 433 East Michigan Street that project into the public rights-of-way, to now change the name of the grantee of the special privilege to Lesaffre Yeast Corporation, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege granted to Universal Foods Corporation to construct and maintain thirteen vertical precast concrete pilasters at 433 East Michigan Street that project into the public rights-of-way, to now change the name of the grantee of the special privilege to Lesaffre Yeast Corporation, which is their new name.
Body
Whereas, Universal Foods Corporation was granted a special privilege under Common Council Resolution File Number 62-2827, on December 26, 1962, to construct and maintain thirteen vertical precast concrete pilasters at 433 East Michigan Street that project into the public rights-of-way; and
Whereas, The current name of the present owner of the property is Lesaffre Yeast Corporation, and should now be named as the grantee of the special privilege; and
Whereas, The pilasters may only occupy the public rights-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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 62-2827 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Lesaffre Yeast Corporation, 433 East Michigan Street, Milwaukee, WI 53202 is hereby granted the following special privilege:
To keep and maintain thirteen vertical precast concrete splayed pilasters on the north and east walls of the building at 433 East Michigan Street. The pilasters extend into the public rights-of-way approximately four inches at sidewalk level and seventeen inches at the cornices of the five story building. The pilasters are centered approximately 1, 16, 31, 46, 61 and 76 feet east of the eastline of North Jefferson Street and approximately 51, 68, 84, 101, 118, 134 and 151 feet south of the southline of East Michigan Street. The pilasters are approximately 9 inches wide and are on approximately 16-foot centers.
Said pilasters shall be maintained to the satisfaction of the Commissioners of the Departments of Public Works and Neighborhood Services.
Said pilasters shall be removed from the public right-of-way at such future time that they are no longer needed, to the satisfaction of the Commissioners of the Departments of Public Works and 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, Lesaffre Yeast 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 $10,000.00 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 $250,000 covering bodily injury to any one person and $500,000 covering bodily injury to more than one person in any one accident and $100,000 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 $117.26. 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 66.0915((3) 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 the Department 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
JJM:cjt
11-9-01
010705