NUMB:
990921
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Fazio Auto Sales, Inc. to install and maintain a fence and maintain an existing sign in the public right-of-way abutting the premises at 2037 North Farwell Avenue, in the 3rd Aldermanic District of the City of Milwaukee.
ANLS:
____________________________________________________________
- Analysis -
This resolution grants a special privilege to Fazio Auto Sales, Inc. to install and maintain a fence and maintain an existing sign in the public right-of-way of East Windsor Place abutting the premises at 2037 North Farwell Avenue. ____________________________________________________________
BODY:
Whereas, The applicant desires to install a 3-foot high iron fence with masonry piers within the public right-of-way for security of vehicles parked on the property at 2037 North Farwell Avenue; and
Whereas, Field investigation found an existing 14-foot high pylon sign with a circular concrete base located in the public right-of-way at the southwest corner of North Farwell Avenue and East Windsor Place; and
Whereas, Said fence and sign may only legally occupy the public way by the granting of this special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Fazio Auto Sales, Inc., 2037 North Farwell Avenue, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To install and maintain a 3-foot high iron fence with masonry piers at the vertical supports encroaching into the public right-of-way of East Windsor Place approximately 4 feet adjacent to the premises at 2037 North Farwell Avenue. The fence will commence at the southwest corner
of North Farwell Avenue and East Windsor Place and will extend westward approximately 18 feet to an existing driveway. Said fence will then recommence on the other side of the driveway at a point approximately 33 feet west of the westline of North Farwell Avenue and will extend westward approximately 25 feet, behind and adjacent to the sidewalk on the south side of East Windsor Place.
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 14-foot high pylon sign with an 11-foot by 3-foot main sign and a 2-foot by 2-foot open sign, with a circular concrete base which encroaches into the public rights-of-way of North Farwell Avenue and East Windsor Place. The sign base is centered approximately 1-foot from the edges of the concrete sidewalk, on the south side of East Windsor Place and on the west side of North Farwell Avenue. The sign shall remain for as long as it is functional and shall be removed upon its disrepair.
Said fence and sign shall be erected and/or maintained and used to the approval of the Commissioners of Public Works and Neighborhood Services. All necessary permits must be obtained prior to placement of the fence.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Fazio Auto Sales, Inc., 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 $65.00. 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
November 8, 1999
990921