NUMB:
981327
VERS:
SUBSTITUTE
REF:
940959
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Teachers Insurance and Annuity Association of America to keep and maintain 26 metal tree grates and to install and maintain 12 uplights with brackets in the public rights-of-way adjacent to their property located at 411 East Wisconsin Avenue, to now change the name of the grantee of the special privilege to TIAA Realty, Inc., and give permission for the tree grates and uplights to remain, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
Substitute resolution amending a special privilege granted to Teachers Insurance and Annuity Association of America to keep and maintain 26 metal tree grates and to install and maintain 12 uplights with brackets in the public rights-of-way adjacent to their property located at 411 East Wisconsin Avenue, to now change the name of the grantee of the special privilege to TIAA Realty, Inc., and give permission for the tree grates and uplights to remain.
BODY:
Whereas, Teachers Insurance and Annuity Association of America was granted a special privilege under Common Council Resolution File Number 940959 on November 7, 1994, to place and maintain 26 metal tree grates and to install and maintain 12 uplights with brackets in the public rights-of-way; and
Whereas, The current owner of the property is TIAA Realty, Inc., and should now be named as the grantee of the special privilege; and
Whereas, Continued existence of the tree grates and uplights in the public rights-of-way can only be allowed through the adoption of an amending 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 940959 is hereby rescinded; and, be it
Further Resolved, By the Common Council of Milwaukee that TIAA Realty, Inc., 730 Third Avenue, 7th Floor, New York, NY, 10017, is hereby granted the following special privileges:
1. To keep and maintain seven 5-foot square metal tree grates in the 20-foot wide fully paved sidewalk area on the south side of East Wisconsin Avenue. The tree grates shall be centered approximately 16 feet north of the southline of East Wisconsin Avenue and 30, 60, 87, 114, 144, 174 and 204 feet east of the eastline of North Milwaukee Street. There shall be a minimum of 14 feet of clear sidewalk area for pedestrian use.
2. To keep and maintain seven 5-foot square metal tree grates in the 15-foot wide fully paved sidewalk area on the west side of North Jefferson Street. The tree grates shall be centered approximately 11 feet east of the westline of North Jefferson Street and 44, 80, 116, 152, 188, 224 and 317 feet south of the southline of East Wisconsin Avenue. There shall be a minimum of 9 feet of clear sidewalk area for pedestrian use.
3. To keep and maintain six 5-foot square metal tree grates in the 12-foot wide sidewalk area on the north side of East Michigan Street. The tree grates shall be centered approximately 8.5 feet south of the northline of East Michigan Street and 40, 76, 112, 148, 184 and 220 feet west of the westline of North Jefferson Street. There shall be a minimum of 6 feet of clear sidewalk area for pedestrian use.
4. To keep and maintain six 5-foot square metal tree grates in the 12-foot wide sidewalk area on the east side of North Milwaukee Street. The tree grates shall be centered approximately 8.5 feet west of the eastline of North Milwaukee Street and 40, 76, 112, 148, 300 and 336 feet south of the southline of East Wisconsin Avenue. There shall be a minimum of 6 feet of clear sidewalk area for pedestrian use.
5. To keep and maintain twelve up-lighting brackets and lights on street light poles on the south side of East Wisconsin Avenue. Each harp street light may have a maximum of two up-lighting units attached providing vertical clearance of 11.3 feet from the sidewalk grade. The harp street light poles with the up-lights shall be centered approximately 45, 75, 105, 135, 165 and 195 feet east of the eastline of North Milwaukee Street.
Said tree grates shall be designed and supported such that the minimum live load capacity is 250 pounds per square foot. Openings in the grates shall be positioned such that the maximum opening in the general direction of pedestrian travel is 3/4 inches. The brackets and lights will be attached to the street light poles by the City at the grantee's expense. Bulb replacement as well as other necessary maintenance shall be performed by the grantee. When a pole needs to be replaced and the bracket and/or lights need to be replaced/reattached, this will be at no cost to the City. All of the above-mentioned items shall be installed and maintained in a manner satisfactory to the Departments of Public Works and Neighborhood Services.
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, TIAA Realty, 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 $3,000.00 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 $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 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 $250.00. 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 66.045 of the Wisconsin Statutes (1979), 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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
February 8, 1999
981327