NUMB:
991012
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Linda B. Somrak and Doreen J. Endisch to maintain a fence in the public right-of-way abutting the premises at 4503 North 68th Street, in the 2nd Aldermanic District of the City of Milwaukee.
ANLS:
__________________________________________________________________ - Analysis -
This resolution grants a special privilege to Linda B. Somrak and Doreen J. Endisch to maintain an existing fence in the public right-of-way of West Ruby Avenue abutting the premises at 4503 North 68th Street. Typically a fence at a residential property may be placed simply by permit. This fence, however, is not in compliance with the Code, which requires an open style fence with a maximum height of 4 feet. This fence is board on board and 5' 4" high. As such, a special privilege will allow the existing fence to remain as constructed in its current location. __________________________________________________________________
BODY:
Whereas, The applicant desires to keep and maintain a recently installed solid wood board on board fence within the public right-of-way on the north side of West Ruby Avenue for security of the backyard of the premises at 4503 North 68th Street; and
Whereas, A fence within the public right-of-way at a residential property would generally only require permits; however, due to the material and height and its location related to the property line, a special privilege resolution adopted by the Common Council is required for it to legally remain in the public right-of-way; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Linda B. Somrak and Doreen J. Endisch, 4503 North 68th Street, Milwaukee, WI 53208, are hereby granted the following special privilege:
To maintain a 5-foot 4-inch high solid wood board on board fence that encroaches into the public right-of-way of West Ruby Avenue, adjacent to the premises at 4503 North 68th Street. The fence commences at a point on the right-of-way line on the north side of West Ruby Avenue, approximately 35 feet west of the west-line of North 68th Street, and then extends south 2 feet to the edge of the 5-foot wide concrete sidewalk at this location; then extends approximately 75 feet west and then 2 feet north to the right-of-way line. Said fence shall be erected, maintained and used to the approval of the Commissioners of Public Works and Neighborhood Services. All necessary permits must be obtained for the fence.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantees, Linda B. Somrak and Doreen J.Endisch, 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. 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 $232.27. 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:sdp
October 25, 1999
SomrakEndischFence