NUMB:
000033
VER:
SUBSTITUTE
REF:
84-1291
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Barbiere's Italian Inn, Ltd. to construct and maintain a concrete stoop with risers and iron railing in the public right-of-way adjacent to the property located at 5901 West Bluemound Road, to now change the name of the grantee of the special privilege to Richard J. McGinn, in the 16th Aldermanic District in the City of Milwaukee.
ANLS:
___________________________________________________________
- Analysis -
This resolution amends a special privilege granted to Barbiere's Italian Inn, Ltd. to construct and maintain a concrete stoop with risers and iron railing in the public right-of-way on the west side of North 59th Street adjacent to the building known as 5901 West Bluemound Road, to now change the name of the grantee of the special privilege to Richard J. McGinn.
___________________________________________________________
BODY:
Whereas, Barbiere's Italian Inn, Ltd. was granted a special privilege under Common Council Resolution File 84-1291, on December 11, 1984, to construct and maintain a concrete stoop with risers and iron railing encroaching into the public right-of-way on the west side of North 59th Street, adjacent to the building at 5901 West Bluemound Road; and
Whereas, The current owner of the property is Richard J. McGinn and should now be named as the grantee of the special privilege; and
Whereas, The concrete stoop with risers and iron railing 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 84-1291 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Richard J. McGinn, 5903 West Bluemound Road, Milwaukee, WI 53213, is hereby granted the following special privilege:
To keep, use and maintain a reinforced concrete stoop with three risers and an iron railing. The three risers are approximately 7 inches each and two tread surfaces are approximately 10 inches each and this item is constructed parallel to the building. The iron railing has one intermediate rail in addition to the top rail and is placed along the east edge of the risers and stoop and also along the south edge of the stoop. The actual encroachment of the stoop and risers extending into the 15-foot wide west sidewalk area of North 59th Street is approximately 1-foot 11-inches for a length of approximately 5 feet 8 inches. The stoop and risers are centered approximately 43 feet south of the southline of West Bluemound Road.
The stoop, risers and railing shall be used and maintained to the approval of the Departments of Public Works and Neighborhood Services. Said stoop, risers and railing shall be removed from the public right-of-way at such future time that they are no longer needed, to the satisfaction of the Commissioners 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 grantee, Richard J. McGinn, 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 $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 the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
June 12, 2000
000033