City of Milwaukee - File #: 120888

• File #: 120888
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 10/16/2012
• In control: PUBLIC WORKS COMMITTEE
• Final action: 11/5/2013
• Title: Substitute resolution amending a special privilege for change of ownership to Eric Westin to keep and maintain a barrier free access ramp in the public right-of-way for the premises at 632-34 West Historic Mitchell Street, in the 12th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: SPECIAL PRIVILEGE PERMITS

Date	Ver.	Action By	Action	Result	Tally
11/12/2013	1	MAYOR	SIGNED
11/5/2013	1	COMMON COUNCIL	ADOPTED	Pass	15:0
10/22/2013	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	5:0
10/17/2013	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
10/17/2012	0	PUBLIC WORKS COMMITTEE	REFERRED TO; Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Tobie Black at 286-2231.
10/16/2012	0	COMMON COUNCIL	ASSIGNED TO

Number

120888

Version

SUBSTITUTE 1

Reference

980977

Sponsor

THE CHAIR

Title

Substitute resolution amending a special privilege for change of ownership to Eric Westin to keep and maintain a barrier free access ramp in the public right-of-way for the premises at 632-34 West Historic Mitchell Street, in the 12^th Aldermanic District.

Analysis

This resolution amends a special for change of ownership to Eric Westin to keep and maintain a barrier free access ramp in the public right-of-way for the premises at 632-34 West Historic Mitchell Street.

Body

Whereas, Eric Zuehlke requested permission to keep and maintain a barrier free access ramp in the public right-of-way; and

Whereas, Permission to allow said ramp to continue to occupy the public right-of-way was granted in 1999 under Common Council Resolution File Number 980977; and

Whereas, Eric Westin now owns the premises; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Numbers 980977 is hereby rescinded; and, be it  

Further Resolved, By the Common Council of the City of Milwaukee that Eric Westin, 12131 West White Oak Drive, Greenfield, WI 53228 is hereby granted the following special privilege:

To keep and maintain a concrete barrier free access ramp with two platforms, steps and metal handrails in the east, 15-foot wide sidewalk area of South 7^th Street. Said structure commences at a point approximately 41 feet north of the northline of West Historic Mitchell Street and extends north a total of 31 feet 8 inches. The south 26 feet 4 inches of the structure, which includes the steps, the upper landing, and the ramp, projects 4 feet 1 inch into the public way. The north landing projects 4 feet 10 inches into the public way for a distance of 5 feet 4 inches. The entire structure varies between 2 feet 3 inches and 8 inches in height within the public right-of-way.

Said barrier free access ramp shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.

Said barrier free access ramp 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, Eric Westin, shall:

1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
3. File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days' notice in writing to the Commissioner of Public Works.
5. Pay to the City Treasurer an annual fee, which has an initial amount of $155.92. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
7. 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 and 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 or removal for such purposes.
9. 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 1^st of each year.
11. 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 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:clm

October 8, 2013