Number
071660
Version
SUBSTITUTE 1
References
58-810
951133
971973
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Towne Realty, Inc. for building projections, an overhead cable and an electrical box in the public right-of-way for the premises at 324 East Wisconsin Avenue, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Towne Realty, Inc. for building projections, an overhead cable and an electrical box in the public right-of-way for the premises at 324 East Wisconsin Avenue.
Body
Whereas, Wells Building Company requested permission to construct and maintain building projections in the public right-of-way; and
Whereas, Permission for said building projections was granted in 1962 under Common Council Resolution File Number 58-810; and
Whereas, Towne Realty, Inc. requested permission to install and maintain an electrical box in the public right-of-way; and
Whereas, Permission for said electrical box was granted in 1995 under Common Council Resolution File Number 951133; and
Whereas, For efficient special privilege management the electrical box is included in this special privilege resolution; and
Whereas, Prostaff Personnel Services Corporation requested permission to install and maintain an aerial cable in the public right-of-way; and
Whereas, Permission for said aerial cable was granted in 1998 under Common Council Resolution File Number 971973; and
Whereas, Towne Realty, Inc. now owns the property; and
Whereas, For the liability 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Council of the City of Milwaukee, that Common Council Resolution File Numbers 58-810, 951133 and 971973 are hereby rescinded; and, be it
Further Resolved, That Towne Realty, Inc., 710 North Plankinton Avenue, Suite 1400, Milwaukee, WI 53203, is hereby granted the following special privileges:
1. To keep and maintain a building projection encroaching 1 foot into the north 20-foot sidewalk area of East Wisconsin Avenue. Said projection commences at a point approximatley 129 feet 4 inches west of the westline of North Milwaukee Street and extends west for 6 feet.
2. To keep and maintain three building projections encroaching 2 feet into the north 20-foot sidewalk area of East Wisconsin Avenue. Said building projections are a total of 24 feet 1 inch long. The first projection commences at a point approximately 95 feet 4 inches west of the westline of North Milwaukee Street and extends west 11 feet 10 inches. The second projection commences at a point approximately 111 feet 2 inches west of the westline of North Milwaukee Street and extends west 10 feet. The third projection commences at a point approximately 135 feet 3 inches west of the westline of North Milwaukee Street and extends west 2 feet 4 inches.
3. To keep and maintain two building projections encroaching 2 feet into the west 16-foot 5-inch sidewalk area of North Milwaukee Street. Said projections are a total of 43 feet 1 inch long. The first projection commences at a point approximately 9 feet 6 inches north of the northline of East Wisconsin Avenue and extends north 9 feet. The second projection commences at a point approximately 66 feet 11 inches north of the northline of East Wisconsin Avenue and extends north 34 feet 1 inch.
4. To keep and maintain three pilasters projecting 1 foot 1 inch into the north 20-foot sidewalk area of East Wisconsin Avenue. Each pilaster is 10 inches wide. Said pilasters are centered approximately 41 feet 5 inches, 64 feet 6 inches and 89 feet 8 inches west of the westline of North Milwaukee Street and are located adjacent to the main building entrances on East Wisconsin Avenue.
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 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, Towne 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 $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 $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 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 $1742.02. 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:ns
July 7, 2008
071660