Number
050313
Version
SUBSTITUTE
Reference
86-921
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Mitchell B Van Dyke, LLC for encroachment into the public right-of-way of an item previously granted permission for the building at 330 South 3rd Street, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
Substitute resolution to grant an amended special privilege to Mitchell B Van Dyke, LLC to keep and maintain an auxiliary sprinkler pipeline in the public right-of-way between the buildings at 330 South 3rd Street and 331 South 3rd Street.
Body
Whereas, Allen D. Everitt Knitting Company requested a special privilege in order to maintain and keep an auxiliary sprinkler pipeline in the public right-of-way; and
Whereas, Permission was granted in 1986 by adoption of Common Council Resolution File Number 86-921; and
Whereas, Mitchell B Van Dyke, LLC is the present owner of the property; and
Whereas, For the liability to be formally transferred to the current owners, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 86-921 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Mitchell B Van Dyke, LLC, 720 West Virginia Street, Milwaukee, Wisconsin 53204, is hereby granted the following special privilege:
To keep, use and maintain a 6-inch ductile iron auxiliary sprinkler pipeline beneath the public right-of-way of South 3rd Street and connecting the two buildings known as 330 and 331 South 3rd Street, to provide increased capacity to the fireline sprinkler system in the 331 South 3rd Street building. The pipeline exits the 330 South 3rd Street building approximately 89 feet north of the northline of West Florida Street; extends westerly to a point approximately 58 feet into the 75-foot wide right-of-way of South 3rd Street; projects south for approximately 20 feet; then projects west for approximately 17 feet where it enters the building at 331 South 3rd Street at a point approximately 69 feet north of the northline of West Florida Street. The pipeline is approximately 6 feet 6 inches below grade.
Said above-mentioned pipeline shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said pipeline 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, Mitchell B Van Dyke, 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 $10,000.00 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 $25,000 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 $95.00. 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 no 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
November 2, 2005
050313