Number
040448
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant permission to YWCA of Greater Milwaukee, to keep and maintain four (4) pilasters with below grade footings located in the public right-of-way adjacent to an existing concrete retaining wall on private property at the premises known as 4610 West State Street, in the 10th Aldermanic District in the City of Milwaukee.
Analysis
This special privilege grants the applicant permission to keep and maintain four (4) pilasters with below grade footings located in the public right-of-way adjacent to an existing concrete wall located on private property, the pilasters being within a 30-foot wide north-south alley bounded by West Martin Drive, West State Street, North 46th Street and North 47th Street.
Body
Whereas, The applicant has petitioned to construct four pilasters with below ground footings in the public right-of-way of a public alley adjacent to an existing concrete retaining wall, located on private property, at 4610 West State Street; and
Whereas, Said pilasters are necessary in order to help support the existing concrete retaining wall, which was showing signs of wear and was beginning to collapse; and
Whereas, The work was performed sometime back, in order to get a new tenant, a school, into and using the building for the start of the school year; and
Whereas, Said pilasters may only legally encroach into the public right-of-way by the 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, YWCA of Greater Milwaukee, 4610 West State Street, Milwaukee, WI 53208, is hereby granted the following special privilege:
To keep and maintain four (4) pilasters with below grade footings, the pilasters and footings being adjacent to an existing concrete wall located on private property, centered approximately 90, 110, 125, 145 feet north of the north line of West State Street. Said pilasters project approximately 2 feet, 2 feet 7 inches, 2 feet 8 inches and 2 feet 8 inches into the east side of the 30-foot alley bounded by West Martin Drive, West State Street, North 46th Street, and North 47th Street, respectively. All of said pilasters are approximately 2 feet 8 inches long, 11 feet tall and constructed of concrete masonry block. Said below grade concrete footings are approximately 11 feet 6 inches wide, project 5 feet and are 1 foot 6 inches thick.
Said above-mentioned pilasters shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Neighborhood Services. All necessary permits shall be obtained prior to the granting of this special privilege.
Said pilasters 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, YWCA of Greater Milwaukee, 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 $10,000 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 $200,000 covering bodily injury to any one person and $400,000 covering bodily injury to more than one person in any one accident and $80,000 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 $110.98. 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 66.0425 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 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
JJM:cjt
March 14, 2005
040448