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 ordinance or resolution amending a special privilege for the purpose of adding items shall be $125.
3. There shall be no fee charged for the introduction of an ordinance or resolution amending a special privilege for:
a. Removal of items.
b. Sale, transfer or conveyance of ownership.
Part 3. Section 245-12-3-b of the code is amended to read:
245-12. Special Privileges.
3. PROVISIONS.
b. [[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 such sum as the common council may require but not exceeding $10,000, such bond to be approved by the city attorney. Individual sureties shall not be deemed in compliance with this section.]] 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]] >>The<< insurance policy shall provide that [[they]] >>it<< shall not be cancelled until after at least 30 days’ notice in writing to the city clerk. In lieu of the [[bond and]] insurance policy coverage, a public service corporation, or a cooperative association organized under ch. 185, Wis. Stats., to render or furnish telephone, gas, light, heat or power, or colleges and universities may file with the city clerk proof of financial responsibility containing the conditions and giving the protection required in the public liability policy. Acceptance of [[such]] >>the<< proof of financial responsibility shall be subject to approval by the city attorney upon consultation with the city comptroller.
Part 4. Section 245-12-5 is renumbered 245-12-6.
Part 5. Section 245-12-5 of the code is created to read:
5. AMENDMENTS.
a. A grantee desiring to add items to or remove items from a special privilege shall file with the city clerk a special privilege amendment petition in writing on a form furnished for this purpose by the city engineer or the commissioner of city development.
b. Any sale, transfer or conveyance of ownership of a property with a special privilege requires the new ownership to file with the city clerk a special privilege amendment petition in writing on a form furnished for this purpose by the city engineer or the commissioner of city development.
Part 6. Section 245-12-7 of the code is created to read:
7. PENALTY. Failure to comply with any of the provisions of this section within 60 days of written notification from the city clerk shall result in a forfeiture of not more than $50 for each offense. 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.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB09157-5
MST
5/05/09