Number
951219
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to KPH Investments, LLC to keep and maintain a fence within the public right-of-way of South Baraga Street, which serves as the on-ramp of the north-south freeway, adjacent to the premises located at 1214 South 6th Street, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
This resolution formally grants a special privilege to keep and maintain a fence in the public right-of-way of South Baraga Street, along the on-ramp of the north-south freeway adjacent to the premises located at 1214 South 6th Street.
Body
Whereas, Raymond G. Richardson, Jr., for Stadler & Schott, S.C., requested permission to erect and maintain a fence adjacent to the property at 1214 South 6th Street; and
Whereas, KPH Investments, LLC is now the owner of the property; and
Whereas, Said fence 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 KPH Investments, LLC, 1237 West Bruce Street, Milwaukee, Wisconsin 53204 is hereby granted the following special privilege:
To keep and maintain an 8-foot high chain link fence located in the public right-of-way of South Baraga Street. Said fence encroachment starts at a point approximately 75 feet southeasterly of the intersection of South Baraga Street and South 6th Street and then follows South Baraga Street for an approximate distance of 116 feet. The fence encroaches into the west side of South Baraga Street approximately 2 feet.
Said fence 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.
Said fence 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, KPH Investments, 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 $3,000.00 such bond to be approved by the City Attorney. The 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 $25,000.00 covering bodily injury to any one person and $50,000.00 covering bodily injury to more than one person in any one accident and $10,000.00 covering property damage to any one 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 canceled 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 $143.92. 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 any 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 the Department 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:cjt
April 15, 2005
951219