NUMB:
981650
VERS:
SUBSTITUTE
REF:
79-1571
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Walter and Doris Carlson to maintain a retaining wall in the public right-of-way adjacent to the property located at 2965 South Delaware Avenue, to now add permission for a concrete paved parking area and change the name of the grantee of the special privilege to Charles & Karen Higgins, in the 14th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to Walter and Doris Carlson to maintain a retaining wall in the public right-of-way on the south side of East Meredith Street adjacent to the premises known as 2965 South Delaware Avenue to now add permission for a concrete paved parking area and change the name of the grantee of the special privilege to Charles and Karen Higgins.
BODY:
Whereas, Walter and Doris Carlson were granted a special privilege under Common Council Resolution File Number 79-1571, on February 5, 1980, to construct and maintain a retaining wall encroaching into the public right-of-way on the south side of East Meredith Street, adjacent to the premises at 2965 South Delaware Avenue; and
Whereas, An area behind the retaining wall within the public right-of-way is paved with concrete and is used for parking; and
Whereas, The current owner of the property is Charles & Karen Higgins and should now be named as the grantee of the special privilege; and
Whereas, The retaining wall and concrete paved parking area 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 79-1571 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Charles & Karen Higgins, 5711 South 113th Street, Hales Corners, WI 53130-1805, is hereby granted the following special privilege:
To keep and maintain a retaining wall, which projects approximately 5 feet into the south sidewalk area of East Meredith Street. The retaining wall has a metal railing attached to its top and is located on the south side of East Meredith Street beginning approximately at the eastline of the alley bounded by East Bennett Avenue, South Delaware Avenue, East Meredith Street and South Wentworth Avenue and extends east approximately 24 feet. Said wall varies in height from grade to 3 feet above grade, adjacent to the premises at 2965 South Delaware Avenue. The retaining wall consists of concrete abutting the concrete sidewalk. An area behind and adjacent to the retaining wall with the public right-of-way is paved with concrete and is used for parking.
Said retaining wall and concrete paved parking area shall be used and maintained to the satisfaction of the Departments of Public Works and Neighborhood Services.
Said retaining wall and concrete paved parking area shall be removed from the public right-of-way, at such future time that they are no longer needed, to the satisfaction of the Departments 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 grantees, Charles & Karen Higgins 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 $111.55. 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 Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
March 29, 1999
981650