NUMB:
970401
VERS:
SUBSTITUTE
REF:
951627
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege to Southside Housing Cooperative for a concrete ramped entrance for barrier-free access and to keep and maintain portions of an existing entrance step located in the public rights-of-way adjacent to their property located at 1405 West Lincoln Avenue, to now change the name of the grantee of the special privilege to Neighborhood Housing Services of Milwaukee, Inc., in the 12th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
Substitute resolution amending a special privilege to Southside Housing Cooperative for a concrete ramped entrance for barrier-free access and for the encroachment of portions of an existing entrance step in the public rights-of-way on the south side of West Windlake Avenue adjacent to the building known as 1405 West Lincoln Avenue, to now change the name of the grantee of the special privilege to Neighborhood Housing Services of Milwaukee, Inc.
BODY:
Whereas, Southside Housing Cooperative was granted a special privilege under Common Council Resolution File Number 951627, on April 2, 1996, for encroachment of a step and a concrete barrier-free access ramp into the public right-of-way; and
Whereas, The current owner of the building is Neighborhood Housing Services of Milwaukee, Inc., and should now be named as the grantee of the special privilege; and
Whereas, Encroachment of the step and concrete ramped entrance into the public rights-of-way can only be allowed 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 951627 is hereby rescinded; and, be it
Further Resolved, By the Common Council of Milwaukee that Neighborhood Housing Services of Milwaukee, Inc., 4914 West North Avenue, Milwaukee, WI 53208, is hereby granted the following special privileges:
1. To keep, use and maintain an approximate 20-foot long and 4-foot wide concrete ramp and platform with metal handrail on the south side of West Windlake Avenue adjacent to the property known as 1405 West Lincoln Avenue. Said concrete ramp begins at a point approximately 8 feet south of the intersection of the southlines of West Lincoln Avenue and West Windlake Avenue.
2. To keep, use and maintain an existing entrance step, which partially encroaches into the public rights-of-way at the intersection of West Lincoln Avenue and West Windlake Avenue. The approximately 7-inch high step encroaches approximately 1 foot maximum into the public right-of-way on the south side of West Lincoln Avenue and on the south side of West Windlake Avenue for lengths of approximately 2.75 feet on each street.
Said concrete ramp and platform with metal handrail should be used and maintained and existing step shall be kept and maintained to the satisfaction of the Commissioners of Public Works and Building Inspection. All required permits shall be procured prior to beginning construction. Said ramp with handrail and/or said step shall be removed from the public right-of-way at such future time that it is 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, Neighborhood Housing Services of Milwaukee, Inc., 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 $1,000.00 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 66.045 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
August 29, 1997
970401