City of Milwaukee - File #: 020341

• File #: 020341
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 6/4/2002
• In control: PUBLIC WORKS COMMITTEE
• Final action: 7/16/2002
• Title: Substitute resolution to grant a special privilege to Maria Rivera to construct and maintain a concrete ramped entrance for barrier-free access located in the public right-of-way adjacent to their property located at 1801 South 11th Street, in the 12th Aldermanic District in the City of Milwaukee.
• Sponsors: THE CHAIR
• Indexes: SPECIAL PRIVILEGE PERMITS

Date	Ver.	Action By	Action	Result	Tally
7/25/2002	1	MAYOR	SIGNED
7/16/2002	1	COMMON COUNCIL	ADOPTED	Pass	15:0
7/3/2002	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	4:0
7/2/2002	1	CITY CLERK	DRAFT SUBMITTED
6/27/2002	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
6/27/2002	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
6/5/2002		PUBLIC WORKS COMMITTEE	REFERRED TO
6/4/2002	0	COMMON COUNCIL	ASSIGNED TO

Number

020341

Version

SUBSTITUTE

Reference

Sponsor

THE CHAIR

Title

Substitute resolution to grant a special privilege to Maria Rivera to construct and maintain a concrete ramped entrance for barrier-free access located in the public right-of-way adjacent to their property located at 1801 South 11^th Street, in the 12th Aldermanic District in the City of Milwaukee.

Analysis

This resolution grants permission to Maria Rivera to construct and maintain a concrete ramped entrance for barrier-free access in the right-of-way on the west side of South 11^th Street adjacent to the premises known as 1801 South 11^th Street.

Body

Whereas, Maria Rivera is desirous to construct a concrete ramped entrance to provide for barrier-free access to the building that is being renovated at 1801 South 11^th Street and in order to do this, a portion of the ramp is proposed to encroach into the public right-of-way on the west side of South 11^th Street; and

Whereas, The concrete ramped entrance 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 Maria Rivera, 1616 South Cesar E. Chavez Drive, Milwaukee, WI  53204, is hereby granted the following special privilege:

To construct and maintain an approximate 26-foot long and 4-foot wide concrete platform with ramp with metal handrail and two steps at the north end of the platform, to be located on the west side of South 11^th Street adjacent to the property known as 1801 South 11^th Street.  Said installation shall begin at a point approximately 49 feet south of the southline of West Maple Street, extend south and encroach approximately 3 feet into the public sidewalk area;

and, be it

Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Maria Rivera, 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 $3,000.00 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 $58.87.  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 66.0915(3) of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1^st 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

June 26, 2002

RIVERA