NUMB:
991104
VER:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to United Community Center to install and maintain a fence in the public rights-of-way abutting the premises at 1100-02 South 9th Street, in the 12th Aldermanic District of the City of Milwaukee.
ANLS:
___________________________________________________________
- Analysis -
This resolution grants a special privilege to United Community Center to install and maintain a fence in the public rights-of-way of South 9th Street and West Washington Street abutting the premises at 1100-02 South 9th Street that will surround and protect a proposed religious shrine on private property. ___________________________________________________________
BODY:
Whereas, The applicant desires to install a decorative metal fence within the public right-of-way in order to provide security and prevent vandalism to a shrine, which is to be placed on the property at 1100-02 South 9th Street; and
Whereas, Said fence may only legally occupy the public way by the granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that United Community Center, 1028 South 9th Street, Milwaukee, WI 53204, is hereby granted the following special privilege:
To install and maintain a 6-foot high decorative metal fence encroaching into the public rights-of-way of South 9th Street and West Washington Street, adjacent to the premises at 1100-02 South 9th Street. The centerline of the fence encroachment will commence on the eastline of South 9th Street approximately 49.4 feet south of the southline of West Washington Street and will extend 4 feet 7 inches westerly and then 49.8 feet northerly and parallel to said eastline to a point and then approximately 5 feet in a northeasterly direction to a point and then will extend approximately 48.1
feet easterly and parallel to the southline of West Washington Street to a point, and then extend approximately 3.9 feet southerly to a point on the southline of West Washington Street. The decorative fence will not encroach onto the concrete sidewalk either on the east side of South 9th Street nor at the south side of West Washington Street.
Said fence shall be erected and/or maintained and used to the approval of the Commissioners of Public Works and Neighborhood Services. All necessary permits must be obtained from the Department of Public Works and the Department of City Development prior to placement of the fence.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, United Community Center, 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 $57.68. 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 the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
November 5, 1999
991104