Number
061477
Version
SUBSTITUTE 1
Reference
61-1983-a
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Warehouse 170, LLC for encroachment into the public right-of-way of a wooden dock, a concrete ledge and metal pilasters for the premises at 170 South 2nd Street, in the 12th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Warehouse 170, LLC for encroachment into the public right-of-way of a wooden dock, a concrete foundation base and metal pilasters for the premises at 170 South 2nd Street.
Body
Whereas, Smith Supply Company requested permission to construct and maintain a wooden loading dock, a concrete ledge and metal pilasters in the public right-of-way; and
Whereas, Permission for said items was granted in 1969 under Common Council Resolution File Number 61-1983-a; and
Whereas, Warehouse 170, 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By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 61-1983-a is hereby rescinded; and, be it
Further Resolved, That Warehouse 170, LLC, 170 South 2nd Street, Milwaukee, WI 53204, is hereby granted the following special privileges:
1. To keep and maintain a wooden loading dock with steps in the east-west alley in the block bounded by South 2nd Street, the CP railroad, West Pittsburgh Street, and West Seeboth Street. Said dock is approximately 4 feet high, 9 feet long and projects into the alley 7 feet 6 inches. The wooden steps connected with the dock are 4 feet long and 3 feet 9 inches wide. Said wooden loading dock with steps is located at a point approximately 60 feet east of the east line of South 2nd Street.
2. To keep and maintain a masonry ledge 140 feet in length along South 2nd Street with an average encroachment of 11 inches into the 8 foot 1 inch wide east sidewalk area. The ledge commences at the southline of West Seeboth Street and supports the exterior building façade.
3. To keep and maintain a masonry step 7 feet in length in the south, 15-foot wide sidewalk area of West Seeboth Street. Said step encroaches 3 inches into the public way and is located approximately 30 feet east of the eastline of South 2nd Street.
4. To keep and maintain 12 metal pilasters uniformly spaced approximately 11 feet apart along South 2nd Street. Said pilasters project an average of 6 inches into the east sidewalk area of South 2nd Street. The each pilaster is 2 feet 3 inches long.
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, Warehouse 170, 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 $2,000 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 $916.19. 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:lja
November 5, 2007
061477