Number
061359
Version
SUBSTITUTE
Reference
021048
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Galina Patterson for a concrete step and excess door swing encroaching into the public right-of-way for the premises at 2220-44 North Martin L. King Jr. Drive, in the 6th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Galina Patterson for a concrete step and excess door swing encroaching into the public right-of-way for the premises at 2220-44 North Martin L. King Jr. Drive
Body
Whereas, King Center, LLC requested permission to keep and maintain a concrete step and an excess door swing in the public right-of-way; and
Whereas, Permission for said items was granted in 2005 under Common Council File Number 021048; and
Whereas, Galina Patterson now owns the property; and
Whereas, For the liability 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Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 021048 is hereby rescinded; and, be it
Further Resolved, That Galina Patterson, 1718 West Cullom Avenue, Chicago, IL 60613, is hereby granted the following special privileges:
1. To keep and maintain a 1-foot 7-inch wide concrete step in the 15-foot wide south sidewalk area of West North Avenue. Said step is 8 feet 4 inches long and is centered approximately 86 feet east of the eastline of North Martin L. King Jr. Drive.
2. To keep and maintain a door swing, which, when fully open projects 3 feet 1 inch into the east 12-foot wide sidewalk area of North Martin L. King Jr. Drive, in excess of the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances. Said door swing is centered approximately 23 feet south of the southline of West North Avenue.
Said 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, Galina Patterson, 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 $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 $40.49. 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 1 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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
November 6, 2007
061359