Number
090264
Version
SUBSTITUTE 1
Reference
871283
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Reid’s New Golden Gate Funeral Home Inc for a covered walk in the public right-of-way for the premises at 5665 North Teutonia Avenue, in the 1st Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Reid’s New Golden Gate Funeral Home Inc for a covered walk in the public right-of-way for the premises at 5665 North Teutonia Avenue.
Body
Whereas, Golden Gate Funeral Home Inc requested permission to install and maintain a covered walk in the public right-of-way; and
Whereas, Permission for said covered walk was granted in 1988 under Common Council Resolution File Number 871283; and
Whereas, Reid’s New Golden Gate Funeral Home Inc now owns the property; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 871283 is hereby rescinded; and, be it
Further Resolved, That Reid’s New Golden Gate Funeral Home Inc, 5665 North Teutonia Avenue, Milwaukee, WI 53209 is granted the following special privilege:
To keep and maintain a covered walk projecting 5 feet 6 inches into the north side of West Reichert Place, which has a rural cross section. Said covered walk commences at a point approximately 72 feet west of the westline of North Teutonia Avenue and extends 21 feet to the west. The covered walk structure is built upon two 30-inch square pier foundations. The minimal vertical clearance between and the asphalt pavement below is 7 feet 6 inches.
Said covered walk is generally constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a, adopted July 24, 1962. The covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot applied in any direction. No guy wire brackets or diagonal braces shall be permitted lower than 8 feet above the adjacent pavement level. The coverings shall be of approved material. All fixtures and materials for illumination of the covered walks shall be indicated on the construction plans and approved prior to installation. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walks. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and shall not exceed 8 inches in height.
Due to the fact that the West Reichert Place has a rural cross section and that parking for the funeral home is perpendicular to the edge of the street, the grantee is not required to keep a "Loading Zone" or "No Parking" status adjacent to the covered walk.
Said above-mentioned covered walk shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said covered walk 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, Reid’s New Golden Gate Funeral Home 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 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 $75.00. 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 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 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 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:ns
August 25, 2009
090264