Number
071657
Version
SUBSTITUTE 1
Reference
990921
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Fazio Automotive, LLC for a fence and sign in the public right-of-way for the premises at 2033-37 North Farwell Avenue, in the 3rd Aldermanic District.
Analysis
Substitute resolution amending a special privilege for change of ownership to Fazio Automotive, LLC for a fence and sign in the public right-of-way for the premises at 2033-37 North Farwell Avenue.
Body
Whereas, Fazio Auto Sales, Inc. requested permission to install a fence and to keep and maintain a sign in the public right-of-way; and
Whereas, Permission for said fence and sign was granted in 1999 under Common Council Resolution File Number 990921; and
Whereas, A field visit revealed the presence of a concrete curb encroaching into the public right-of-way; and
Whereas, Said concrete curb may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; and
Whereas, Fazio Automotive, LLC now owns the property; and
Whereas, For the liability for the fense and sign to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 990921 is hereby rescinded; and, be it
Further Resolved, That Fazio Automotive, LLC, 2037 North Farwell Avenue, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To keep and maintain a 3-foot 6-inch tall fence encroaching into the public right-of-way of East Windsor Place 4 feet. The fence commences at the southwest corner of North Farwell Avenue and East Windsor Place and extends westward approximately 18 feet. In the public right-of-way between the fence and the property line, no vehicles shall be displayed, repaired or be long-term stored.
2. To maintain an existing sign with a circular concrete base which encroaches approximately 1 foot 4 inches into the south 18-foot sidewalk area of East Windsor Place. The sign shall remain for as long as it is functional and shall be removed upon its disrepair.
3. To keep and maintain a 6-inch wide concrete curb in the south 18-foot sidewalk area of East Windsor Place. Said concrete curb commences at a point approximately 37 feet west of the westline of North Farwell Avenue and extends west 24 feet.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
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 acceptance of this special privilege the grantee, Fazio Automotive, 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 a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $2,000 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 $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 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 $194.61. 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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
7. This special privilege resolution only allows the aforementioned sign to encroach into the public right-of-way. The sign must meet the requirements of all sections of the Milwaukee Code of Ordinances.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL: ns
April 30, 2008
071657