Number
040541
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution formally granting a special privilege to JCH Holdings, LLC to keep and maintain a stair, railing, and landing in the public rights-of-way adjacent to the property located at 1132 West Dakota Street, in the 14th Aldermanic District in the City of Milwaukee.
Analysis
This resolution formally grants a special privilege to JCH Holdings, LLC to keep and maintain a stair, railing, and landing, both with railing, and a portion of the building at 1132 West Dakota Street in the public right-of-way on the east side of South 12th Street and to keep and maintain a step in the public right-of-way on the north side of West Dakota Street.
Body
Whereas, JCH Holdings, LLC recently completed construction of the stair with railing and a landing and formal measurements of these items could be made; and
Whereas, A site visit revealed that a portion of the building, accessed by the aforementioned stair and landing also encroaches into the public right-of-way of South 12th Street; and
Whereas, The site visit also revealed the presence of a previously existing concrete step that encroaches into the public right-of-way of West Dakota Street; and
Whereas, These items may only legally encroach into the public rights-of-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 JCH Holdings, LLC, 8330 North Links Way, Milwaukee, Wisconsin 53219 is hereby granted the following special privileges:
1. To keep, use and maintain a wooden, 5-foot, 5-inch long, 3-foot, 10- inch wide stair with a 3-foot, 4-inch tall wooden railing, all of which is located in the public right-of-way. The stair and railing centered approximately 55 feet north of the northline of West Dakota Street.
2. To keep, use and maintain a wooden, 4-foot long, 3-foot, 10-inch wide landing with a 3-foot, 4-inch tall railing, all of which is located within the east, 15-foot wide sidewalk area of South 12th Street. The landing and railing are centered approximately 50 feet north of the northline of West Dakota Street.
3. To keep and maintain a 10-foot, 6-inch long, 8-inch wide building encroachment in the east 15-foot wide wood sidewalk area of South 12th Street. The building encroachment is centered approximately 52 feet north of the northline of West Dakota Street.
4. To keep and maintain a previously existing 5-foot, 11-inch long, 1-foot wide concrete step in the public right-of-way of West Dakota Street, in the north 15-foot wide sidewalk area. The step is centered approximately 25-feet east of the eastline of South 12th Street; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, JCH Holdings, 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 surety company duly incorporated in the State of Wisconsin, or duly licensed to business in this State, in the sum of $5,000 such bond to be approved by the City Attorney. This applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at lease $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $40,000 covering property damage to any owner on the area or areas included within the special privilege and naming the City of Milwaukee has an insured. Both bond and insurance policy shall provide that they shall not be cancelled 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 $104.04. 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 and 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 see, by resolution, revocation of said special privilege.
Requestor
Department of Public works
Drafter
Infrastructure Services Division
MDL:lja
DATE
January 5, 2005
TITLE
040541