Number
070103
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Brittain Brothers, LLC for a handicap ramp with platform and handrail; concrete steps; fence and excess door swings in the public right-of-way for the premises at 701 East Center Street, in the 3rd Aldermanic District.
Analysis
This resolution grants a special privilege to Brittain Brothers, LLC for a handicap ramp with platform and handrail; concrete steps; fence and excess door swings in the public right-of-way for the premises at 701 East Center Street.
Body
Whereas, Brittain Brothers, LLC is requesting permission to install a handicap ramp with platform, handrail and excess door swing within the public right-of-way; and
Whereas, A site visit revealed the presence of a set of concrete steps, an excess door swing and a fence in the public right-of-way; and
Whereas, Said items may only legally encroach into the public right-of-way by 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 Brittain Brothers, LLC, 929 West Bruce Street, Milwaukee, Wisconsin 53204 is hereby granted the following special privileges:
1. To construct and maintain a barrier free access ramp (handicap ramp) with platform and handrail projecting 4 feet into the east 16-foot wide sidewalk area of North Pierce Street. Said ramp with platform and handrail commences at a point approximately 43 feet 6 inches south of the southline of East Center Street and end approximately 27 feet 6 inches to the south.
2. To construct and maintain an excess door swing to open over the platform of the barrier free access ramp described in Item #1. Said door will project more than the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances.
3. To keep and maintain a set of concrete steps projecting 2 feet 5 inches into the east 16-foot wide sidewalk area of North Pierce Street. Said 3-foot 8-inch long steps are centered approximately 41 feet south of the southline of East Center Street.
4. To keep and maintain an excess door swing that, when fully open, projects 3 feet into the east, 16-foot wide sidewalk area of North Pierce Street. Said door swings open over the concrete steps of Item #4 and projects more than the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances.
5. To keep and maintain a 4-foot tall wood fence projecting 4 feet into the east, 16-foot wide sidewalk area of North Pierce Street. Said fence commences at a point along the eastline of North Pierce Street approximately 69 feet south of the southline of East Center Street, extends 4 feet to west, then extends 30 feet to the south, and then extends 4 feet to the east, ending at the eastline of North Pierce 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 acceptance of this special privilege the grantee, Brittain Brothers, 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 $3,000 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 $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 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 $399.29. 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. Owner must remove fence; handicap ramp with platform; and concrete steps at own expense, in a timely manner should the City of Milwaukee require access to its underground conduit facilities located under said items in the public right-of-way of North Pierce Street.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
May 7, 2007
070103