Number
011280
Version
SUBSTITUTE
Reference
000109
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to Shafton Family Limited Partnership for encroachment into the public right-of-way of existing items for the building at 2311-25 North Murray Avenue, in the 3rd Aldermanic District in the City of Milwaukee.
Analysis
This grants an amended special privilege to Shafton Family Limited Partnership for encroachment into the public right-of-way of six excess door swing encroachments for the building at 2311-25 North Murray Avenue.
Body
Whereas, Shafton Family Limited Partnership renovated its building at 2311-25 North Murray Avenue and requested permission to install folding-type windows, metal rails and excess door swings; and
Whereas, Permission was granted in 2000 by adoption of Common Council File Number 000109; and
Whereas, A site visit revealed that the folding-type windows and the metal rails were not installed; and
Whereas, The excess door swings 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Resolved, That Common Council File Number 000109 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Shafton Family Limited Partnership, 5205 North Ironwood Road, Milwaukee, Wisconsin 53217 is hereby granted the following special privileges:
To keep and maintain six excess door swing encroachments at the building known as 2311-25 North Murray Avenue that, when fully open, project 2 feet 6 inches into the 11-foot wide, west sidewalk area of North Murray Avenue, which is in excess of the 12-inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances. The doorways are centered approximately 85, 101, 117, 141, and 174 feet north of the northline of East North Avenue.
Said above-mentioned excess door swings 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 excess door swings 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, Shafton Family Limited Partnership, shall:
Become primarily liable for damages to persons or property by reason of the granting of this
special privilege.
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 $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $40,000 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.
Pay to the City Treasurer an annual fee, which has an initial amount of $35.00. The
subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
Whenever this special privilege is discontinued for any reason whatsoever, including public
necessity whenever so ordered by resolution adopted by the Common Council no 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.
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.
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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
October 27, 2005
010525