Number
080114
Version
SUBSTITUTE 1
References
39893
39893-a
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to JBC 24 LLC and TAH 24 LLC of concrete steps and handrails encroaching into the public right-of-way for the premises at 1114 North Marshall Street, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to JBC 24 LLC and TAH 24 LLC of concrete steps and handrails encroaching into the public right-of-way for the premises at 1114 North Marshall Street.
Body
Whereas, M.B. Realty Company requested permission to keep and maintain concrete steps and handrails in the public right-of-way; and
Whereas, Permission for said concrete steps and handrails was granted in 1943 under Common Council Resolution File Number 39893; and
Whereas, JBC 24 LLC and TAH 24 LLC now own 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the Common Council of the City of Milwaukee, that Common Council Resolution File Numbers 39893 and 39893-a are hereby rescinded; and, be it
Further Resolved, That JBC 24 LLC and TAH 24 LLC, C/O Shoreline Company, 1007 North Cass Street, Milwaukee, WI 53202 are hereby granted the following special privilege:
To keep and maintain a set of concrete steps and handrails in the east 22-foot wide sidewalk area of North Marshall Street. Said concrete steps encroach into the public right-of-way 3 feet 2 inches and are 10 feet 1 inch wide. The concrete steps are centered approximately 141 feet south of the southline of East Juneau Avenue.
Said above-mentioned concrete steps and handrails shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said concrete steps and handrails 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 grantees, JBC 24 LLC and TAH 24 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 $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 $79.49. 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
080114