NUMB:
980013
VERS:
SUBSTITUTE
REF:
57-516
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Mr. Joseph J. Stanis to maintain a platform and steps in the public rights-of-way adjacent to the property located at 1979 South 5th Street, to now change the name of the grantee of the special privilege to Mr. Francisco Gonzalez, in the 12th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to Mr. Joseph J. Stanis to maintain a concrete platform and steps in the public rights-of-way of West Rogers Street and South 5th Street, adjacent to the building known as 1979 South 5th Street, to now change the name of the grantee of the special privilege to Mr. Francisco Gonzalez.
BODY:
Whereas, Mr. Joseph J. Stanis was granted a special privilege under Common Council Resolution File Number 57-516, on May 28, 1957, to maintain a platform with steps and another set of steps, which encroach into the public rights-of-way on the north side of West Rogers Street and the west side of South 5th Street, adjacent to the building at 1979 South 5th Street; and
Whereas, The current owner of the building is Mr. Francisco Gonzalez and should now be named as the grantee of the special privilege; and
Whereas, The platform and steps may only occupy the public rights-of-way through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 57-516 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Mr. Francisco Gonzalez, 2863 North 33rd Street, Milwaukee, WI 53210, is hereby granted the following special privileges:
1. To keep, use and maintain a concrete platform and steps located on the west side of South 5th Street, adjacent to the property known as 1979 South 5th Street. Said encroachment begins approximately at the northline of West Rogers Street, extends north approximately 12 feet and encroaches approximately 4 feet into the 17-foot wide fully concrete paved public sidewalk area on the west side of South 5th Street, leaving approximately 13 feet for pedestrian usage.
2. To keep, use and maintain approximately 4-foot wide concrete steps on the north side of West Rogers Street, adjacent to the property. The steps commence at a point approximately 25 feet west of the westline of South 5th Street and extend west. The encroachment is approximately 4 feet into the 13-foot wide fully concrete paved sidewalk area.
Said platform and steps abut the building in such a manner that their use does not interfere with through pedestrian movement at any time. Said platform and steps shall be used and maintained to the satisfaction of the Commissioners of Public Works and Building Inspection.
Said platform and steps shall be removed from the public rights-of-way at such future time that they are no longer needed, to the satisfaction of the Commissioners of Public Works and Building Inspection.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Mr. Francisco Gonzalez, 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 $2,000.00 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 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 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 $47.44. 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 66.045 of the Wisconsin Statutes (1979), 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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
September 2, 1998
980013