Number
040828
Version
SUBSTITUTE
Reference
991013
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to KIDS I, LLC for encroachment into the public right-of-way of front porch steps for the building at 1415-17 East Brady Street, in the 3rd Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to KIDS I, LLC for a portion of front porch steps to encroach into the public right-of-way, at 1415-17 East Brady Street, that theprevious owner had received permission to have.
Body
Whereas, QSI Inc. requested a special privilege for a portion of front porch steps to encroach into the public right-of-way; and
Whereas, Permission was granted in 1999 by adoption of Common Council Resolution File Number 991013; and
Whereas, QSI Inc. sold the property to KIDS I, LLC; and
Whereas, For the liability to be formally transferred to the current owners, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 991013 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that KIDS I, LLC, 115 West Silver Spring Drive, Milwaukee, Wisconsin 53217 is hereby granted the following special privilege:
To keep, maintain and use a portion of one set of front porch steps within the south sidewalk area of East Brady Street abutting the building at 1415-17 East Brady Street. Said steps encroach approximately 1 foot into the 13-foot wide sidewalk area of East Brady Street, leaving approximately 12 feet for pedestrian usage. Said steps are approximately 7 feet, 9 inches wide with a wooden handrail and post on each side. The steps are centered approximately 130 feet east of the eastline of North Warren Avenue.
Said steps shall be used and maintained to the satisfaction of the Departments of Public Works and Neighborhood Services. Said steps shall be removed from the public right-of-way, at such future time as they are no longer needed to the satisfaction of said Departments; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, KIDS I, LLC, 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 66.0425 of the Wisconsin Statutes (1999), 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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
November 4, 2004
040828