Number
100391
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Johnston Center Re-Use LLC to construct and maintain a raised planter in the public right-of-way for the premises at 1220 West Windlake Avenue, also known as 2150 South 13th Street, in the 12th Aldermanic District.
Analysis
This resolution grants a special privilege to Johnston Center Re-Use LLC to construct and maintain a raised planter in the public right-of-way for the premises at 1220 West Windlake Avenue, also known as 2150 South 13th Street.
Body
Whereas, Johnston Center Re-Use LLC is requesting permission to construct and maintain a raised planter in the public right-of-way; and
Whereas, Said planter may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Johnston Center Re-Use LLC, 120 South Laselle Street, Suite 1850, Chicago, IL 60603, is hereby granted the following special privilege:
To construct and maintain a raised planter projecting 3 feet 8 inches into the east, 13-foot wide sidewalk area of South 13th Street and commencing at a point approximately 200 feet north of the northline of West Windlake Avenue. Said planter is surrounded by a concrete curb that measures 91 feet 8 inches long, 6 inches wide and 6 inches tall.
Said above-mentioned planter shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said planter 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, Johnston Center Re-Use LLC, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days’ notice in writing to the Commissioner of Public Works.
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.
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.
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 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
November 16, 2010
100391