City of Milwaukee - File #: 121519

• File #: 121519
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 2/27/2013
• In control: COMMON COUNCIL
• Final action: 4/22/2014
• Title: Substitute resolution granting a special privilege to Milwaukee College Preparatory School of Wisconsin Incorporated to construct and maintain two fences in the public right-of-way for the premises at 2623 North 38th Street, in the 15th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: FENCES, SPECIAL PRIVILEGE PERMITS

Date	Ver.	Action By	Action	Result	Tally
4/28/2014	1	MAYOR	SIGNED
4/22/2014	1	COMMON COUNCIL	ADOPTED	Pass	14:0
4/9/2014	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Individual appearing: Dawn Schmidt - Department of Public Works	Pass	4:0
4/4/2014	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
3/1/2013	0	PUBLIC WORKS COMMITTEE	REFERRED TO; Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Tobie Black at 286-2231.
2/27/2013	0	COMMON COUNCIL	ASSIGNED TO

Number

121519

Version

SUBSTITUTE 1

Reference

Sponsor

Title

Substitute resolution granting a special privilege to Milwaukee College Preparatory School of Wisconsin Incorporated to construct and maintain two fences in the public right-of-way for the premises at 2623 North 38^th Street, in the 15^th Aldermanic District.

Analysis

This resolution grants a special privilege to Milwaukee College Preparatory School of Wisconsin Incorporated to construct and maintain two fences in the public right-of-way for the premises at 2623 North 38^th Street.

Body

Whereas, The applicant has requested permission to construct and maintain two fences in the public right-of-way in order to provide secure parking for school personnel; and

Whereas, Said fences 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 Milwaukee College Preparatory School of Wisconsin Incorporated, 2623 North 38^th Street, Milwaukee, WI 53210 is hereby granted the following special privileges:

1.      To construct and maintain a 7-foot tall decorative metal fence in the west, 15-foot wide sidewalk area of North 38^th Street. Said fence commences at a point approximately 8 feet north of the northline of West Clark Street and extends north 258 feet and, on average, is 3 feet 2 inches east of the westline of North 38^th Street. The fence encloses a parking area on the east side of the subject premises.

2.      To construct and maintain a 7-foot tall decorative metal fence in the east, 15-foot wide sidewalk area of North 39^th Street. Said fence commences at a point approximately 8 feet north of the northline of West Clark Street and extends 268 feet 7 inches to the north and, on average, is 3 feet 1 inch west of the eastline of North 39^th Street. The fence encloses a parking area on the west side of the subject premises.

Said fences shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.

Said fences 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, Milwaukee College Preparatory School of Wisconsin Incorporated, shall:

1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
3. File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days' notice in writing to the Commissioner of Public Works.
5. Pay to the City Treasurer an annual fee, which has an initial amount of $180.76. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
7. 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 or removal for such purposes.
9. 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^st of each year.
11. 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:clm

March 24, 2014

121519