Number
000963
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to St. Joseph's Hospital, to construct and maintain a raised concrete block planter located within the public right-of-way abutting the premises known as 5408 West Burleigh Street, in the 7th Aldermanic District in the City of Milwaukee.
Analysis
This special privilege grants the applicant permission to construct and maintain a raised concrete block planter in the public right-of-way, within the 13-foot wide sidewalk area on the north side of West Burleigh Street, adjacent to the property known as 5408 West Burleigh Street.
Body
Whereas, St. Joseph's Hospital proposes to construct and maintain a 35-foot long raised planter, which is located in the public right-of-way on the north side of West Burleigh Street, adjacent to 5408 West Burleigh Street; and
Whereas, The planter is to be constructed of decorative concrete block and be 18 inches in height; and
Whereas, The planter may only legally occupy the City of Milwaukee public right-of-way by the granting of a special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that St. Joseph's Hospital, 5000 West Chambers Street, Milwaukee, WI 53210, is hereby granted the following special privilege:
To construct and maintain a 35-foot long raised concrete block planter within the public right-of-way located as follows: on the north side of West Burleigh Street, beginning approximately 84 feet west of the westline of North 54th Street and extending west, with the 18-inch high concrete block planter extending approximately 3.33 feet into the 13-foot wide sidewalk area, thus providing approximately 9 feet 8 inches of paved sidewalk for through pedestrians.
Said planter shall be constructed and maintained to the approval of the Departments of Public Works and Neighborhood Services/City Development. All necessary permits shall be obtained from the Departments of Public Works and City Development prior to placement of this item in the public right-of-way. The plant material shall be approved by and be maintained to the satisfaction of the City Forester
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, St. Joseph's Hospital, 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 $3,000.00 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 $116.00. 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 66.0915(3) 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 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
JJJM:cjt
January 18, 2001
000963