NUMB:
990633
VERS:
SUBSTITUTE
REF:
86-1603
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Bistricky-Irsch-Grosse-Larson Bros. Funeral Home, to keep a covered walk on the south side of West Capitol Drive within the public right-of-way at 6709 West Capitol Drive, to now change the name of the grantee of the special privilege to Hamilton Funeral Service Centers, in the 2nd Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to Bistricky-Irsch-Grosse-Larson Bros. Funeral Home to keep and maintain a covered walk on the south side of West Capitol Drive, encroaching into the public right-of-way abutting the premises at 6709 West Capitol Drive, by changing the name of the grantee of the special privilege to Hamilton Funeral Service Centers.
BODY:
Whereas, Hamilton Funeral Service Centers was granted a special privilege under Common Council Resolution File Number 86-1603, on January 13, 1987, to keep and maintain a covered walk at the West Capitol Drive entrance to the building located at 6709 West Capitol Drive; and
Whereas, The current corporate owner of the property is Hamilton Funeral Service Centers and should now be named as the grantee of the special privilege; and
Whereas, Said covered walk may only legally occupy the public right-of-way by the granting 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Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 86-1603 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Hamilton Funeral Service Centers, c/o HFSC Holdings Inc., 17150 Via del Campo, Suite 100, San Diego, CA 92127, is hereby granted the following special privilege:
To keep and maintain a covered walk at the property known as 6709 West Capitol Drive. Said covered walk, 8.3-feet in width, is centered approximately 110 feet west of the westline of North 67th Street and encroaches approximately 11 feet into the 12-foot wide fully concrete paved sidewalk area on the south side of West Capitol Drive at the 6709 West Capitol Drive address. The covered walk is supported by the building and two vertical supports on private property and by two vertical supports near each corner closest to the curb along each side of the covered walk. Each vertical support nearest the curb is centered approximately 2 feet 6 inches from the curbline. There is an approximately 8.3-foot wide opening between the vertical supports, which parallel the curb face. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below is 7.7 feet.
Said covered walk shall generally be constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a, adopted July 24, 1962. The covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot and wind pressure of 20 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The covering shall be of approved material.
All fixtures and materials for illumination of covered walk shall be indicated upon the construction plans and approved prior to installation. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walk. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and shall not exceed 8 inches in height.
The grantee is required to keep a "Loading Zone" or have a "No Parking" status adjacent to the covered walk as long as the covered walk occupies the public right-of-way.
Said covered walk shall be maintained and used to the approval of the Commissioners of City Development/Neighborhood Services and Public Works.
;and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Hamilton Funeral Service Centers, 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 $75.00. 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.
DFTR:
Infrastructure Services Division
JJM:cjt
August 31, 1999
990633