Number
051700
Version
SUBSTITUTE 1
Reference
880798
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to 600 North Broadway Partners, LLC for change of ownership for three tree grates and a planter previously granted permission for the premises at 606 North Broadway, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege for change of ownership to 600 North Broadway Partners, LLC for three tree grates and a planter previously granted permission for the premises at 606 North Broadway.
Body
Whereas, 606 North Broadway Partnership petitioned for a special privilege to keep and maintain three tree grates with guards and one moveable planter in the public right-of-way; and
Whereas, Permission for said items was granted in 1988 under Common Council File Number 880798; and
Whereas, 600 North Broadway Partners, LLC now owns the property; and
Whereas, A site visit revealed that two of the three tree guards have been removed from the public right-of-way; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 880798 is hereby rescinded; and, be it
Further Resolved, That 600 North Broadway Partners, LLC, 310 East Buffalo Street, Milwaukee, Wisconsin 53202 is hereby granted the following special privileges:
1. To keep and maintain two 5-foot diameter metal tree grates centered approximately 42 and 94 feet east of the eastline of North Broadway and 8 feet south of the northline of East Michigan Street.
2. To keep and maintain one 5-foot diameter metal tree grate with guard centered approximately 54 feet east of the eastline of North Broadway and 8 feet south of the northline of East Michigan Street.
3. To keep and maintain one moveable planter centered approximately 26 feet north of the northline of East Michigan Street and 12 feet west of the eastline of North Broadway.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
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, 600 North Broadway Partners, 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 $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 $35.00. 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 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
May 11, 2006
051700