Number
000931
Version
SUBSTITUTE
Reference
79-107
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to Alvin LaGrone to maintain a building facing encroachment and a metal security grate, which encroach into the public rights-of-way of North Holton Street and East Locust Street, at the building located at 2901-09 North Holton Street, to now change the name of the grantee of the special privilege to Abdul M. Hamdam, in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege originally granted to Alvin LaGrone and most recently held by Jamel Hamdan to maintain a building facing encroachment and a metal security gate which encroach into the public rights-of-way of North Holton Street and East Locust Street at the building located at 2901-09 North Holton Street, to now change the name of the grantee of the special privilege to Abdul M. Hamdan, Jamel Hamdan's son.
Body
Whereas, Alvin LaGrone was granted a special privilege under Common Council Resolution File Number 79-107, on June 28, 1979, to maintain a building facing encroachment and a metal security gate which encroach into the public rights-of-way of North Holton Street and East Locust Street at the building located at 2901-09 North Holton Street; and
Whereas, This privilege was administratively transferred to Jamel Hamden in 1987 (using the procedure in effect at that time for name change amendments); and
Whereas, The current name of the present owner of the property is Abdul M. Hamdan, and should now be named as the grantee of the special privilege; and
Whereas, The building encroachment and metal security gate may only occupy the public rights-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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 79-107 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Abdul M. Hamdan, 1644 North Arlington Place, Milwaukee, WI 53202 is hereby granted the following special privileges:
1. To maintain existing wooden building facing at 2901-09 North Holton Street, which projects into the west sidewalk area of North Holton Street. Said facing commences at the intersection of the westline of North Holton Street and the northline of East Locust Street and continues north for a distance of approximately 38.9 feet except 10.2-foot at the entrance, which is centered approximately 20 feet north of the northline of East Locust Street. Said facing projects 0.3 feet into the 10.0-foot wide fully paved sidewalk area and extends from sidewalk grade to a point 0.21 feet above grade.
2. To maintain an existing metal security gate that projects into the west sidewalk area of North Holton Street at the subject premises. Said gate commences at a point approximately 10.0 feet north of the northline of East Locust Street and continues north for a distance of approximately 28.3 feet. Said gate projects 0.2 feet into the public way in addition to the 0.3-foot encroachment of the building facing in item #1 above.
3. To maintain an existing wooden building facing which projects into the north sidewalk area of East Locust Street. Said facing commences at the intersection of the northline of East Locust Street and the westline of North Holton Street and continues west for a distance of approximately 20.0 feet. Said facing encroaches 0.3 feet into the 13-foot wide fully paved sidewalk area and extends from sidewalk grade to a point 0.21 feet above grade.
4. To maintain an existing metal security gate that projects into the north sidewalk area of East Locust Street at the subject premises. Said gate commences at the southeast building corner and continues west for a distance of approximately 20.0 feet. Said gate projects 0.2 feet into the public way in addition to the 0.3-foot encroachment of the building facing in item #3 above.
Said encroachments shall be maintained to the satisfaction of the Commissioners of the Departments of Public Works and Neighborhood Services.
Said items shall be removed from the public rights-of-way, at such future time that they are no longer needed, to the satisfaction of the Commissioners 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 grantee, Abdul M. Hamdan , 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 66.045 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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
December 1, 2000
000931