Number
020757
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to George Prentice d/b/a LaCage Tavern to construct and maintain a concrete stoop with risers and iron railing in the public right-of-way adjacent to the property located at 801-09 South 2nd Street, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to George Prentice d/b/a LaCage Tavern to construct and maintain a concrete stoop with risers and iron railing in the public right-of-way on the west side of South 2nd Street adjacent to the building known as 801-09 South 2nd Street.
Body
Whereas, George Prentice d/b/a LaCage Tavern has applied for a special privilege to construct and maintain a concrete stoop with risers and iron railing encroaching into the public right-of-way on the west side of South 2nd Street, adjacent to the building at 801-09 South 2nd Street; and
Whereas, The concrete stoop with risers and iron railing may only occupy the public right-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 Mr. George Prentice, 928 South 3rd Street, Milwaukee, WI 53204, is hereby granted the following special privilege:
To construct, use and maintain a reinforced concrete stoop with three risers and iron railings. The three risers are to be approximately 6 inches each and two tread surfaces are to be approximately 11 inches each. Along each side of the stoop there shall be approximately 3 feet high iron railings. The actual encroachment of the stoop and risers extending into the 8.5-foot wide west sidewalk area of South 2nd Street is approximately 2-feet 8-inches for a length of approximately 3 feet 8 inches. The stoop and risers are centered approximately 54 feet south of the southline of West National Avenue.
The stoop, risers and railing shall be used and maintained to the approval of the Departments of Public Works and Neighborhood Services. Said stoop, risers and railing shall be removed from the public right-of-way at such future time that they are no longer needed, to the satisfaction of the Commissioners of Public Works and 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, George Prentice d/b/a LaCage Tavern, 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 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 $35.00. 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 66.0915((3) 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
JJM:cjt
October 16, 2002
020757