Number
081263
Version
SUBSTITUTE 1
Reference
030913
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to Heartland Advisors, Inc. for change of ownership of various items for the premises at 789 North Water Street, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege to Heartland Advisors Inc for change of ownership of tree grates, light fixtures on city light poles, moveable planters and underground cabling for the premises at 789 North Water Street.
Body
Whereas, Water Street Investment LLC requested permission to keep and maintain tree grates, light fixtures on city light poles, moveable planters and underground cabling in the public right-of-way; and
Whereas, Permission for said items was granted in 2004 under Common Council Resolution File Number 030913; and
Whereas, Heartland Advisors Inc now owns the property; and
Whereas, For the liability for said items 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 030913 is hereby rescinded; and, be it
Further Resolved, That Heartland Advisors, Inc., c/o Christine Johnson, 789 North Water Street, Milwaukee, Wisconsin 53202, is hereby granted the following special privileges:
1. To keep and maintain two 4-foot square metal tree grates in the west, 15-foot wide fully paved sidewalk area of North Water Street. The tree grates are centered approximately 94 and 146 feet south of the southline of East Wells Street.
2. To keep and maintain 13 up-lighting units on city harp poles in the west sidewalk area of North Water Street and the south sidewalk area of East Wells Street. Each harp street light may have a maximum of three lighting units attached providing vertical clearance of 12 feet from the sidewalk grade. The harp street light poles with up-lighting units are centered approximately 32, 78 and 163 feet south of the southline of East Wells Street and 10, 50, and 89 feet west of the westline of North Water Street.
3. To keep and maintain underground electrical conduit to provide power to the up-lighting units described in Item #2. Said underground conduit commences at the westline of North Water Street at a point approximately 107 feet south of the southline of East Wells Street and extends 11 feet 6 inches to the east where the conduit splits into north and south branches. Said conduit extends south 56 feet to the southernmost light fixture. The conduit also extends north 88 feet to the northernmost of the subject light poles and follows the curve around the street corner, extending 36 feet to the easternmost light pole in East Wells Street. The conduit then extends 79 feet to the west to the final and westernmost of the subject light poles. Total length is approximately 270 feet 6 inches.
4. To keep and maintain six 48-inch diameter concrete moveable planters. Three of said planters, located in the south sidewalk area of East Wells Street, are centered approximately 28, 40, and 72 feet west of the westline of North Water Street and 9 feet, 10 feet and 11 feet, respectively, north of the southline of East Wells Street. Three of the planters, located in the west sidewalk area of North Water Street, are centered approximately 15, 42 and 73 feet south of the southline of East Wells Street and 5 feet 6 inches, 9 feet 8 inches and 10 feet 6 inches east of the westline of North Water Street. All of the planters are 35 inches tall.
5. To keep and maintain four rectangular concrete moveable planters in the west variable width sidewalk area of North Water Street. Said planters are 3 feet long, 1 foot 6 inches wide, and 2 feet tall. The planters abut the building and are centered approximately 44, 67, 112 and 137 feet south of the southline of East Wells Street.
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 items 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, Heartland Advisors, Inc., 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 $560.50. 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.
7. The brackets and lights will be attached to City street light poles by the City at the grantee’s expense. Bulb replacement, as well as other maintenance shall be performed by the grantee. In the event that the bracket and/or lights need to be replaced or reattached, regardless of reason, this work will be done no cost to the City.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:ns
February 9, 2009
081263