Number
051597
Version
SUBSTITUTE 1
Reference
64-851-i
64-851-g
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to M&I Marshall & IIsley Bank to keep and maintain a tunnel under an alley for the premises at 770 North Water Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege for change of ownership to M&I Marshall & IIsley Bank to keep and maintain a tunnel under the alley in the block bounded by North Broadway, East Mason Street, North Water Street and East Wells Street for the premises at 770 North Water Street.
Body
Whereas, City Hall Square Redevelopment Corporation requested permission to construct and maintain an underground tunnel under an alley; and
Whereas, Permission was granted by adoption of Common Council Resolution File Number 64-851-i; and
Whereas, M&I Marshall & Ilsley Bank is the current owner; and
Whereas, For the liability to be formally transferred to the current 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of Milwaukee that Common Council Resolution File Numbers 64-851-a, 65-851-d, 64-851-f, 64-851-g and 64-851-i are hereby rescinded; and, be it
Further Resolved, That M&I Marshall & Ilsley Bank, 770 North Water Street, Milwaukee, Wisconsin 53202 is hereby granted the following special privilege:
To keep, use and maintain space 12 feet, more or less, in height under the north and south alley in the block bounded by North Broadway, East Mason Street, North Water Street and East Wells Street. Said tunnel extends the entire width of the aforementioned 14-foot wide public alley from the southline of East Wells Street to a point approximately 120 feet to the south. The grantee shall keep and maintain a reinforced concrete pavement over said tunnel space, which is designed to carry vehicular traffic in the public alley. Said space may be traversed by conduits and ducts, may be partitioned, enclosed and used in any manner consistent with the Milwaukee Code of Ordinances and the Wisconsin Statutes.
The above mentioned tunnel shall be used and maintained to the approval of the Commissioners 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, M&I Marshall & Ilsley Bank, 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 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 $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $40,000 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 $1008.00. 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 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
MDL:lja
March 24, 2006
051597