City of Milwaukee - File #: 081687

• File #: 081687
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 4/14/2009
• In control: PUBLIC WORKS COMMITTEE
• Final action: 5/5/2009
• Effective date: 5/22/2009
• Title: A substitute ordinance relating to special privilege procedures.
• Sponsors: ALD. BAUMAN
• Indexes: SPECIAL PRIVILEGE PERMITS

Date	Ver.	Action By	Action	Result	Tally
5/21/2009	2	CITY CLERK	PUBLISHED
5/13/2009	2	MAYOR	SIGNED
5/5/2009	2	COMMON COUNCIL	PASSED; Minutes note: As amended.	Pass	14:0
5/5/2009	1	COMMON COUNCIL	AMENDED; Minutes note: Ald. Bauman move to amend the analysis and Part 3 of this ordinance, per the recomendation of the City Attorney's Office, which is to maintain the current insurance requirments for a special privilege. (The City Attorney has opined that the special privilege insurance requirments should remain unchanged pending a comprehensive review of insurance requirements for all similar encorachments and uses in the public right of way.)	Pass	14:0
4/22/2009	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Individuals present: Rebecca Grill, Manager, License Division Clark Wantoch, Dept. of Public Works, Infrastructure Services	Pass	5:0
4/21/2009	1	CITY CLERK	DRAFT SUBMITTED
4/16/2009	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
4/14/2009	0	COMMON COUNCIL	ASSIGNED TO

Number
081687
Version
SUBSTITUTE 2
Reference

Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to special privilege procedures.
Sections
81-115 rn
81-115-2 cr
81-115-3 cr
245-12-3-b am
245-12-5 rn
245-12-5 cr
245-12-7 cr
Analysis
Current code provisions require any petition for a special privilege to pay a $250 fee “for the purpose of defraying the cost of printing and other expenses which the city may incur.” This applies not only to petitions for new special privileges, but also amendments of existing special privileges, which are required when items are added or deleted, or when there is a change in ownership. This ordinance reduces the fee to $125 when amending a special privilege for the purpose of adding items and eliminates the $250 fee when amending a special privilege for the purpose of removing items or recording a change in ownership.

Current code requires that a special privilege applicant or grantee file with the city clerk a surety bond in an amount not to exceed $10,000, as well as a certificate of insurance indicating minimum public liability coverage as follows: $25,000 covering bodily injury to any one person; $50,000 covering bodily injury to more than one person; and $10,000 covering property damage. This ordinance removes the surety bond requirement.

Finally, this ordinance imposes an initial forfeiture of not more than $50 for failure to comply with any of the provisions of s. 245-12, special privileges, within 60 days of written notification from the city clerk. The forfeiture shall be increased by $50 for each 15 days or portion thereof following the 60-day period, the total forfeiture not to exceed $250.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 81-115 of the code is renumbered 81-115-1.

Part 2. Section 81-115-2 and 3 of the code is created to read:

81-115. Special Privileges; Granting of Encroachments.
2. The fee for the introduction of each ordi...