Number
070357
Version
SUBSTITUTE 1
Reference
940419
Sponsor
THE CHAIR
Title
Substitute resolution to amending a special privilege to Northridge Company for addition of a non-code compliant fixed awning to encroach into the public right-of-way for the premises at 825 North Jefferson Street, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege to Northridge Company for addition of a non-code compliant fixed awning to encroach into the public right-of-way for the premises at 825 North Jefferson Street.
Body
Whereas, Northridge Company requested permission to construct and maintain metal tree gates with guards, granite pavers and decorative concrete pavement; and
Whereas, Permission for said items was granted under Common Council Resolution File Number 940419; and
Whereas, The applicant is now requesting permission to construct and maintain a non-code compliant fixed awning in the public right-of-way; and
Whereas, Said non-code compliant fixed awning may only legally encroach into the public right-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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 940419 is hereby rescinded; and, be it
Further Resolved, That Northridge Company, 825 North Jefferson Street, Milwaukee, Wisconsin 53202 is hereby granted the following special privileges:
1. To construct and maintain a non-code compliant fixed awning in the west sidewalk area of North Jackson Street. Said awning will project up to 2 feet into the public right-of-way and will be a minimum of 10-feet above grade. Said fixed awning does not meet Section 245-7-6-d of the Milwaukee Code of Ordinances in that it does not slope away from the building an angle between 30 and 45 degrees.
2. To keep and maintain three metal tree grates with guards in the west, 15-foot wide sidewalk area of North Jefferson Street. Said grates are centered approximately 12 feet east of the westline of North Jefferson Street and 162, 185 and 216 feet north of the northline of East Wells Street.
Said above-mentioned items shall be used, kept, and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
Said items shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by accepting this special privilege the grantee, Northridge Company, 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 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 least $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 own 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 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 $65.00. 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 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 seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
July 6, 2007
070357